In The High Court Of Judicature Of Andhra Pradesh, Hyderabad

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH, HYDERABAD W.P.No 1720 of 2009 Between: Gomari Padma Reddy S/O. Penta Reddy Aged abou 55 years. Occ: Agriculture R/o Hussainabad Village of Bhongir Mandal Nalgonda District

...Petitioner

And 1

The District collector Nalgonda District.

2

The Joint collector Nalgonda District

3

The Sub Collector & Revenue Divisional Officer Bhongir, Nalgonda District

4

The Tahsildar Bhongir, Nalgonda District

…Respondents

1.M.C Lal S/o.Bhadru aged about 47 years. R/o Nalgonda do here by solemnly affirm and sincerely state on oath as fallows: 1)

2)

That I am working as Joint Collector at Nalgonda and Respondent No-2 herein and as such well acquainted with the facts of the case. I have gone through the affidavit filed by the Writ petitioner in support his claim. The averments made by the petitioner does not disclose any substance warranting interference of this Hon’ble Court under Article-226 of the Constitution of India. All the averments made therein hereby denied except to the extent that are specifically admitted hereunder and the Petitioners are put to strict proof of the same. There are no merits in the Writ Petition and the same is liable to be dismissed. In reply to the averments made in para 2& 3 of the Prtitioner’s affidavit it is submitted that the Writ petitioner is not a small farmer as alleged by him.

He is having Patta land to an extent of Ac 34-19 gts in Sy.Nos. 16. 20, 21, 26, 27, 31, 32, 37, 38 and 69 of Hussainabad village. The petitioner, though a Big land holder (copy enclosed) got assignment of Govt. land to an extent of Ac. 8-07 gts in Sy. No.107/16 and 107/17 situated at Hussiananabad village of Bhongir Mandal by misrepresenting the facts. As per G.O Ms.No.1406 Revenue Dated 26.07.1958 the maximum extent of Govt. land that can be assigned to a land less poor person is only Ac. 5-00 Dry land or Ac.2-50 Wet land.Thus total extent held by the Writ petitioner is Ac. 42-26 gts which confirms from the copy of Pattadar Passbook enclosed to the Writ petition that he is big land holder, but not land less poor person as alleged in the Writ petition. As per conditions of the Assignment pattacertificate he should bring land into cultivation within a period of (3) year from the date of Assignment. In this instant case the Govt.land was assigned to the petitioner herein during the year 1978. But the petitioner has not brought the land into cultivation till today. The land is kept fallow as barren land. It is not true that the petitioner sowing oil seeds, jowar etc. in the suit land. The Joint Collector personally inspected land on 05.09.2008 and found that they are no signs of the land having put to use either in past or now. It is denied that the petitioner using a portion of said land to grow grass for feeding cows and buffalos.Though the petitioner was given Pattedar passbook and Title deed he has not brought under cultivation and as such his assighment patta was cancelled vide this office Procgs. No.G/8887/07, dated 19.12.2008 and the Tahsildar,Bhongir taken over possession of the suit land on 03.01.2009 and set a part for public purpose viz construction of houses under Indiramma Scheme Phase-II. 3)

In reply to the averments ia para 4 & 6 of the petitioners affidavit it is submitted that the Respondent No-4 has issued Show Cause Notice to the Writ petitioner stating that he neither cultivating nor Developed the Assigned lands since inception and to explain why assigned land in Sy.No.107 shall not be cancelled. The Writ petitioner has submitted explanation stating that he is cultivating land and growing oil seed crops besides jawar. As such Tahsildar, Bhongir has submitted proposals for cancellation of Patta certificates. A Fresh notice has been issued by the Respondent No-2 to the petitioner proposing the action for cancellation of patta. The petitioner submited same reply which was given to Respondent No-4. There upon the Respondent No-2 has inspected the land 05.09.2008 and found that the most of the land is barren except for a few trees/bushes, further whole area a covered by stones/pebbles they are no signs of the land having put to use either in past or now. The inspection of the Respondent No-2 clearly established that the suit land is not even being used for grazing purpose as alleged. The petitioner is having Ac.34.19 gts of patta land as such it is false to plead that he do not have any other than the land except said assigned land. Iti is not true that abundant Govt.land is available in around Bhongir town for allotment to Housing scheme.

4)

In reply to the averments in para 5 of the petitioners affidavit, it is submitted that the land identified for Rajivswargruha is different from the land covered in the Writ petition. The total extent of Sy.No.107 of Hussainabad village is Ac.230-00 out of Ac.108-00 was assigned during the year1978. Hence the Assignment of the Petitioner was cancelled for not bringing under cultivation. Hence the Assignment patta of the petitioner was cancelled fallowing due procedure vide this office Procgs.G/8887/08 and the Tahsildar Bhongir taken over possession of the land on 03-01-2009.

5)

In reply to the averments in para 7 of the petitioners affidavit it is submitted that Wrut petitioner is a big land owner having Ac. 34.19 gts which confirmed from the copy of the Pattar passbooks enclosed to the petitioners affidavit. In addition it the petitioner got assignment in Sy.No. 107/16 and 107/17 to an extent of Ac.8-07 gts against the guidelines in G.O.Ms.No. 1406 & 1724 suppressing the facts. Apart from he is not cultivating the land and not developed since the data of assignment. The petitioner is not even not using it for grazing purpose. Hence the assignment Patta of the Writ petitioner was cancelled vide this office procgs. No.G/2887/07 dated 19.12.2008 and Tahsildar, Bhongir has taken possession of the land on 03.01.2009. In view of the above facts, it is prayed that this Hon’ble Court may vacate interim stay granted and dismiss the Writ petition with costs and pass such other order or orders as deemed fit in the interest of Justice. DEPONENT Date: .10.2009 Sd/- M.C.LAL JOINTCOLLECTOR, NALGONDA.

//ATTESTED// ADMINISTRATIVE OFFICER