Rasool Khan v. The Government Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.25887 of 2012 and 13772 of 2015 COMMON ORDER:
Heard the learned Counsel for the petitioners and the learned Government Pleader for the respondents. The petitioners claim that they are landless poor persons and eking out their livelihood by working as agricultural labour. It is their further case that in the year 2007 Government acquired an extent of Ac.1.20 guntas of land from the landlords of Adkaspalli Village, Kotgir Mandal in Nizamabad District, in order to provide house sites to the weaker sections of the society under Indiramma Phase-II. After acquiring the land, it was converted into house sites and was allotted to weaker sections of the society. The petitioners were allotted house site pattas bearing plot Nos.6, 24, 25, 33, 39 and 40 in an extent of 29X30. The land is situated in Survey No.36/AA of the said Village. However, the petitioners could not construct houses.
When they tried to construct dwelling houses, the construction was obstructed on the ground that their house site pattas were cancelled. It is also their case that one Sri P.Sridhar filed an application on 23.05.2012 under the Right to Information Act and the Tahsildar responded to the said application by issuing a memo dated 30.05.2012 stating that no notice was issued to the beneficiaries before cancellation of the plots allotted.
29.12.2011, which stated that the petitioners have not occupied the plots and kept the plots vacant and thus violated the conditions for grant of patta. In respect of the petitioner in W.P.No.13772 of 2015 the original allottee died and his wife is the petitioner.
The Government filed a counter affidavit only in W.P.No.13772 of 2015 stating that the original allottee is not entitled to allotment of house site as he was already having house plots. In W.P.No.25887 of 2012 no counter affidavit is filed. But, the learned Government Pleader admitted that no notice was issued to the beneficiaries before cancellation of allotment of house site pattas. Even in W.P.No.13772 of 2015 also no notice was issued.
In view of the admitted case of the Government that no notice was issued before cancellation of house site pattas granted in favour of the beneficiaries, without expressing any opinion on the merits of the case, this Court is constrained to set aside the impugned order passed by the third respondent in Proc.No.B/3842/2011, dated 29.12.2011, canceling assignment of house site pattas granted in favour of the petitioners, and the matter is remanded to the third respondent for issuing appropriate notice to the concerned, inviting a reply within the specified time and to take necessary action in accordance with law thereafter.
The Writ Petitions are, accordingly, allowed. The miscellaneous petitions pending in these Writ Petitions, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 05.06.2017 vs