Dhanavath Charan Singh v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Dhanavath Charan Singh S/o Ram Singh, Aged about 26 years, occu: Agriculture, R/o Ragadappa Village, Tripuraram Mandal, Nalgonda district and others.

.....Petitioners and The State of Telangana, rep.by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Heard learned counsel for petitioners and learned Special Government Pleader for respondents.

2.

Petitioners claim that they are landless poor belonging to Scheduled Tribe community and they are in possession and enjoyment of the assignment land for long time. Petitioners were served with notice dated 19.07.2017, drawn by the Tahsildar (3rd respondent) calling upon the petitioners to attend to the enquiry scheduled on 27.07.2017 and produce the material in support of their claim. According to the learned counsel for petitioners, the said notice was served on them on 25.07.2017. They could not appear before the Tahsildar on the date fixed for enquiry. However, on 31.07.2017, they submitted representation to the Tahsildar. This representation was not considered and petitioners were served with proceedings of Tahsildar, dated 29.07.2017 cancelling the assignment made in respect of the persons mentioned there under and resumed the land to the Government. Petitioners challenge the said proceedings in this writ petition.

3.

Learned counsel for petitioners submits that the notice was issued in purported exercise of power vested to Tahsildar under Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act, 1977) and the Rules made there under. Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (Rules, 2007) prescribes particular

procedure to be followed for eviction of the transferees and taking possession and restoration of the assignments. According to Rule 3 of the Rules, 2007, notice has to be issued in Form-I. Rule 3 also requires minimum of 15 days time to be specified in the notice, whereas in the instant case, notice was dated 19.07.2017 and served on the petitioners on 25.07.2017 and enquiry was fixed on 27.07.2017 and, therefore, on that ground alone, the proceedings are vitiated. Learned counsel further submits that even before the order was served on the petitioners, explanation was available with the Tahsildar and he ought to have considered the explanation. 4.

Learned Special Government Pleader do not dispute the statutory requirement of issuing 15 days notice and drawing up of notice as prescribed in Form-I.

5.

The proceedings initiated against the petitioners resulting in the impugned order would amount to cancellation of the assignment granted and resuming the land in favour of the Government. Thus, the said order has severe civil consequences to the petitioners. More so, when they claimed that they are in possession of the said land for long time. Rule 3 of the Rules, 2007 clearly mandate giving of 15 days time and issuing of that notice in Form-I. Issuing notice before resumption of land is only to enable person claiming to be in possession, justification in support of assignment made and possession enjoyed. Admittedly, no such notice was issued in Form-I and 15 days time as stipulated was not maintained.

6.

Having regard to statutory requirement, the order impugned herein and notice dated 19.07.2017 are set aside and the matter is remitted to the Tahsildar (3rd respondent) to deal with the issue afresh from the stage of issuance of notice in Form-I and observing minimum time as required under Rule 3 of the Rules, 2007. After affording due opportunity of hearing to the petitioners, he shall pass appropriate orders as warranted by law.

7.

Writ petition is allowed accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Note: Issue CC in three days.

(B/o) kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm