K.S. Swamy, Vs Govt. of A.P.

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court^maybe pleased to issue a writ, order or direction more particularly one in the nature of writ Of Mandamus declaring. the action^{of the respondentsin cancelingthe final Patta} certificate dated 20-09-97^{issued in favour of the petitionerin respect of 5 acres of} dry land in survey No.^{132 situatedat Rudraram Village, PatancheruMandal,} Medak District as arbitrary,^{illegal and violation of Natural justice and consequently} direct the respondents^{to permitthe petitioner to cultivate the land'}

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l.A. NO: 3 OF 2008 (WPMP. NO: 24O85 OF 2008)

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Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to produce before this Hon'ble Court the records in file No. B/S100/05.

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1.A. NO: 4 OF 2008(wPMP. NO:24086 0F 2008)

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant interim directions directing the Respondents not to dispossess the petitioner from 5 acres of dry land in survey No. 'r 32 situated at Rudraram Viilage, patancheru Mandal, Medak District

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Counsel for the petitioner: SRI MUTHYALA MURALIDHAR

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Counsel for the Respondents: Gp FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI^{JUSTICE N.V.SHRAVAN KUMAR}

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WRIT PETITION^{No. 18503of 2OO8}

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ORDER:

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This writ petition is^{hled questioning the action of the} respondent^{No.4 in cancellingthe frnal patta certihcatedated} 2O.Og.lgg7^{issued in favourof the petitionerin respect of Ac'5-00} guntas of dry^{land in Sy.No'132 situated at Rudraramvillage'} Patancheru^{Mandal, Medak District'}

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Facts of the^{case stated inbrief are that the petitioner} submits that^{he is an ex-servicemanand a pensionerfiom the} Indian army and^{in recognitionof his service' the Government of} Andhra Pradesh^{assigned Ac'5-00 guntas of dry land in Sy'No'132} situated at Rudraram^{village, PatancheruMandal' MedakDistrict} vide proceedings^{of the respondentNo'4 dated 2O'O9 '1997and} accordingly^{a frnal patta certificate was issued in favour of the} petitioner.^{It is further case of the petitioner that he has developed} the said^{land and the 4th respondent issuedtitle deed document} No.62O^{and pattedarpass book in respect of Ac'5-00 guntas in the} subject^{property' It is further submittedthat in the year2O08'the} staff of^{RespondentNo'4 orally informed the petitioner that his} patta was^{cancelled by the respondentNo'4 vide proceedings} No.B/5100/05^{dated 2A'12'2OO5'The petitioner further submits}

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that responde. rapse of ,,^{"*o'o after granting patta in the yezrr 1997} i.e., after years without putting notice or offering any opportunity of hearing to the p"titil n"" cancered the said patta. Thereafter, by continuous o:" " a t tt"tot of petitioner, the respondent No.4 issued a memo 0., 13'08'2008 stating that record in fiIe No.B/51o0/05 is .,o, .ur"o -irabre with them. petitioner further submits that the caacelration rn" patla witrrout issuing any notice is arbitrary, i[ega.r and ,r, ,rr ioration of the natural justice. Or ra-+.i^_- . _ -^.-r Lrrc pr it n ciprrctples of euestioning the same, fired. the present writ petition is

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A counter been filed on b No'4lThahsildar, of the respondent Manda-l "'"n" Ac'S-oo guntas oPatancheru " f Government land Rudraram Virage '"':;t^,:],:r-:,,::',::t srtuated at b""' gt"t't"d i" f proceedings No.B/ of petitioner vide dated assignee/peti ,ron.r""'97 'o'on"uo" However' the has never "uti'atua tnt assigrrment and violz since from :ted the conditions o' t. '"t due to the violation patta certificate anrJ condition" o, ^"'"ne resumed back to nt' the saici land was "rf dared 28. 12.2oosur,o'"t'-"r,^,ia. o.o""., submirted that on ,".,ii^-1""'n* due ,'.":[:. ,:::t:::::t-' rt rs lurther of assigned ]a,,c petitioner has not o.o.,'""t'o' it is found that the ght the jancr into "rr,rr,, ation since from the

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date of delivery till the date of resumption of land into^the Government estate. Along with copy of counter^{respondentNo.4} has also hled certified copies of^pahanies.

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4 . Subsequently, as per the instructions of^{the District} Collector, Medak/respondent No.2^{vide letter No.E2l2O93l2OO7} daled 24.06.20O7 that the^{Government land to an extent of (88-OO)} acres including this (5-00) acres^{has been handed over to the} Dy.E.E, Housing Board,^{Hyderabadunder properPanchanama on} 29.06.2007 which^{was a'lso approved by the Government and} issued G.O.Ms'No'^{1383, Revenue (ASN-lV)Department'dated} 26.10.2007. It^{is further submitted that at present the lands are} under the^{custodyof Housing Board'}

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It is submitted^{that earlier the said lands were assigned} under Ex-serviceman^{quota tofive persons and on physical} verification^{of the said lands by the held staff during the year 20o5'} the above^{persons werenot in physicar possession since from the} date of^{assignment and due to the violation of the assignment} conditions^{laid down inG'O'Ms'No'743dated3O'04'1963'the} above landswhichareassignedtothepetitionerwasresumedin favour^{of the Government by following due procedureand at} present^{the said lands are in custody of Housing Board'}

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Heard both sides and perused the record, ANALYSIS ANDCONCLUSION:

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7 ' The learned counsel for the petitioner submits that the respondents have not issued any notice qnabling the petitioner to respond and without giving any opportunity straight away cancelred the patta. Learned counsel further submits that Respondent No.4 had suppressed the notice and order of cancellation and had not followed the principles of natural justice.

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Learned Assistant Government pleader -'."^{r rc.uer} appearing for Revenue submits that it is not o hrr, _r^ , nl'y the case of the petitioner a,,d along with petitioner lands four of other ex-serrriceman' who v'ere assignecl Iands under ex-servict resumed on '[he .::" :'"."* ff:;.;'^{';" ;;;1".} l.O.Ms.No.743, dated 9. On a perusal of the Iinal patta certificate issued by the M.R.O vide proceedings No.BrzS 572/97 dated 2O.O9.lgg7 the re.levant portion is extracted hereun :FI der for better understancling of the CASC: I E.ICATE TO EX CEMTN: In accordalce uath rules opted in G.O.Ms.No.743 dated 3o.o4.1963 the Gov situated in vil ern&ent Lands specrfi lage Rudrararn ed be,low hereby assi gned ro S H},derq6.4. ri K.S.Su,am Patancheru Mandal are L S/o K. NarSIrT U.Iu, R /o

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The grant of li to the fouowi"-T};:::^{this paragraph} wir be :,1j.", 1. Land assigned shoui ld not be sold or other alienatec[ for a period of(10) years.

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NOTE:_ The lands a may be mortgaged to the Government or to a ":"r*""0 "ffiil4*;fu^{1.:T:T ff[:;. :Tr,":,,,1:} the loans for development of lands. The loan ,, ;o:1"'"* iesstha,,.o"o",o,""*::::1il"::;:l"T:::"H:::T the land. No prior permission of the Government is necessary for such Mortgage.

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Land assigned shall be brought under cultivation withih 3 years.

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Cultivation shall be by the assignee o r members of his family or with hired labour under th e supervision of himself or a member or his family. NorE:- For breach op any of the above conditions, the land is liable for resumption.,.

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The Mandal Revenue Officer vide proceedings No.B/S 577/gz dated 20.09.97 iisued orders stating that earlier Ac.5_0O guntas of land has been assigned to the petitioner in Sy.No.578. pp of Rudraram village vide office patta certificate No.C/gg2/gB dated 1 1.08.88 but in view of the objections of the villagers stating that the land is adjacent to village ad is useful for house site and other public use, an extent of Ac.6-0o guntas of rald in same survey number has been allotted. to play ground, of Z.p.H.S. Rrrdranarn and

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that there^{is no lald available for agriculturepurpose'Based on the} petition of^{Sri K'S'Swamy to al1otsome land alternativeiy' upon} which^{respondentNo'4 has accordedpermissionto assignee to an} extent of^{Ac.5-00 guntas lald in Sy'No 132 PP which was already} resr.rmed in^{favourof Government.Accordingly,the said Ac'5-00} guntas of land in^{the Sy'No} '132^{PP of Rudraram village is assigned} to the petitioner^{subject to the conditions laid down inthe} assignment^{rules mentionedin the patta certifrcate'}

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In the counter hled by^{respondentNo.4, a noticedated} 17.17.2OO5 was issued to the petitioner stating that the said lands have been assigned under the provisions of ex-serviceman quota for agriculture purpose. However, the petitioner has not brought the land to effective use and is not cultivating since many years as such it rvas observed that the petitioncr/ assignee was not interested in these lands which shows that the drssignee has violated the conditions laid down under the patta certificate issued to him earrier and observed that the petitioner has viorated the assignment rures prescribed and show cause notice was given. Thereafter, vide order dated 23.t2.2OO5 resumption orders were i jssued and in the sard orders, it was herd ,^;":::':^.:::ers ;::ffi;:*i"^{::; # :::,::} ::jr rssued earlier for violation of condition of D_

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Form and Assigrr nodce was arso pubrished i: ::.#.",:;'Hi:;' u"'"*" for non-availability address' Revenue that the p"tition.t "o o"o"llot has also reported is not residing u' whereabouts " ;t virage and his known a u""otaioRudraram the notices have been kept on the assign lands and "'u"ul been compried and expranation. suffi cient t'"'"' ;;t'""::;]ffi; "n"."uo""o"e the said lands havt of the Government u * ravour down in G.o.Ms.No.743 Lnder the vioration dated ao oo "r^":,:""::::": ,"_^"-ent conditions laid 163 and the Revenue Inspector I and II and Vilage Secretary were directed to take possession of the subject lands under proper panchanama and report compliance. Thereafter, the District Collector, Medak vide letter No.El/2093/OZ dated 24.06.2OO2 has informed the Thahaildar, patencheru for halding over of advance possession of certain Governmen t Iands in favour of A.p.Housing Board, Hyderabad. In the said survey number an extent of 88-33 gunras at Rudraram vilrage patancheru Mandar was arso included in the said list directing the concerned Thahsildars to harrdover physical possession over the Government land to the representatives of the A.P.Housing Board, Hyderabad immediately and report compliance.

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The respondent No.1^{has issuedG'O'Ms'No'1383 dated} 26.10.2007 for alienation^{of certain Governmentlalds to an extent} of 895.05 acres in favour of^{DeccanInfrastructureand Land} Holdings Limited, Hyderabad^{on payment of marketvalue. The said} G.O.Ms.No.1383 dated 26.10.2007 was^passed based on the^report of the Collector, Medak wherein advance possession of the lands were handed over to the A.P.Housing Board on behalf of Deccal Infrastructure arld Land Holdings Limited, Hyderabad as decided in the Empowered Committee meetings held on 16.12.2006 and, 27.11.2006 and that the District colector, Medak has submitted regular alienation proposals of the said iand in fa'our of Deccarr Infrastructure ald Land Holdings Limited, Hyderabad on payment of market value and the Government has ordered for arienation of the Government land to an extent of g96.O5 guntas in favour of Deccan Infrastructure and Land Holdings Limited, Hyderabad on payment of market value. In the said G.O.Ms.No.1383 dated 26.IO.2OOZ4, the land situated in Rudraram village of patalcheru Mandal in Sy.No. 132 to arr extent of gB_33 guntas is also included. In the counter filed by the Thahsildar, patancheru, a copy of the c.o.Ms.No. 1383 dated 26.1O.2OO2 is filed.

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-13. Along wjth the co a copy of pah wherein it is stated that anres haye a.lso been filed., the land of Ac'S-oo \ Brrn tas i, SY.lVo. 132 *o"

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shown as Government land and^{recorded as Karizkhathaand the} name of the^{petitionerhas beenrounded of and the said proceedings} were endorsed by^{the MandatRevenue Ofhcer, Patancheru vide} Proceedings^{No.B/5 1OO/O5 dated 28.12.2005'}

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As^{per the fina-l patta certihcate issuedto the petitioner dated} 2O.Og.Igg7 ,^{Clause No.2 clearlyspecifies that the land assigned to} the petitioner should^{be brought under cultivationby the assignee} within a^{periodof 3 years.However, as per the resumption order} dated 23.12.2005^{and as per the report of RevenueInspector-l' II of} Patancheru,^{itappears that the petitioner was not cultivating the} said lands^{and is not in possessionover the land since long time ald} that the^{assigneeswere reportedas not residingin the Rudraram} village^also.

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ln^{view of the aJoresaidfacts and circumstancesof the case} there^{is no evidence placed before this Court to substantiatethatthe} petitioner^{was cultivating the said lands and no reply is frled denying} the^{resumptionproceedingsin support of petitionersclarm that he is} in^{possession of the subject land'That apart as the District} Collector,^{Medak vide letterNo'Ef /2093/07dated 24'062oO7'the} subject^{land has been handed over to the representatives of} A.P.Housing^{Board'who are also not made as parties to the writ}

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petition.

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16' In view of the foregoing discussion the rights of the petitioners on the subject property cannot be decided on Afrrdavit at this Juncture a,,d the petitioner is not entitled for any rerief sought in the writ petition' the writ petition is devoid of merits and is liable to be dismissed and is accordingly dismissed. No order as to costs.

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It is also made clear that this court had not expressed any opinion on the merits of this case to the extent of Title, Rights arrd Possession of the parties on the subject property. The.petitioner may seeks appropriate remedy as available ' un der law, if so advised. Miscellaneou" ,:'"t" "rrri".ra:" crosed. pplications' if any pending, shail stand

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