Challagundla Ranga Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 16653 of 2015 Date: 12.06.2015 Between:

Challagundla Ranga Rao, Guntur District and two others.

.... Petitioners And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and another.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 16653 of 2015 ORDER:

The petitioners challenged the order dated 30.05.2015 issued by the Tahsildar, Machavaram, Guntur District, cancelling the house site pattas issued to them in respect of certain extents of land in Survey No.572/B1 of Kotha Ganeshunipadu, H/o. Pillutla Village, Machavaram Mandal, Guntur District. The allotment of the said house site patta was stated to have taken place in the Years

1998 and 2005.

The impugned proceedings dated 30.05.2015 reflect that the Tahsildar put the petitioners on notice and invited an explanation. However, the explanation was baldly rejected as unsatisfactory and no reasons are forthcoming from the order as to why the said explanation was found to be so. It is a settled position of law that when an order visits adverse consequences, the authority concerned necessarily has to record reasons for the decision. The impugned order dated 30.05.2015 does not fulfil this requirement.

On this short ground, without going into the merits of the matter, the order dated 30.05.2015 issued by the Tahsildar, Machavaram Mandal, Guntur District, is set aside and the matter is remitted to him for consideration afresh of the petitioners' explanation. Thereafter, the Tahsildar, Machavaram, shall pass appropriate reasoned orders in the matter in accordance with law. The Writ Petition is allowed to the extent indicated above. Pending Miscellaneous Petitions shall stand closed in the light of this final order. No order as to costs.

________________ SANJAY KUMAR, J Date: 12.06.2015 va