S.Kadhar Saheb v. State Of Andhra Pradesh,Prl,Secy,Revenue Dept

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2329 of 2018 ORDER:

Heard the learned Counsel for the petitioners and the learned Government Pleader for the respondents. It is the case of the petitioners that the third respondent assigned a barren land to the petitioners' grandfather late Sheik Mooran Saheb of an extent of Acs.4.89 cents situated at Gudarevupalli Village, Piler Mandal, Chittoor District, on 01.02.1971. His name was entered in the revenue records. The petitioners claim that their grandfather invested huge amount of money for converting the said land into cultivable land and after his death, they have been in possession and cultivating the land. Pattadar pass books and title deeds were also issued in the name of the petitioners. While so, when the fourth respondent issued a notice on 16.12.2017 seeking to resume the land on the ground that the land was not put to use, the petitioners claim that they submitted their explanation and filed the present Writ Petition.

Learned Counsel for the petitioners submits that the impugned notice is issued after 47 years of assignment, and hence it is prima facie illegal.

This Court is not inclined to examine the said point when the impugned notice is only a notice asking the petitioners to

submit their explanation and they already stated to have submitted their explanation.

In the circumstances, this Writ Petition is disposed of directing the fourth respondent to hear the petitioners personally, consider the explanation already submitted by them and pass appropriate orders thereafter in accordance with law, if not already passed. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 29.01.2018 vs