BUDDARAJU SUBRAHMANYAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed under Clause 15 of Letter Patent Act, aggrieved by the interim order passed by the learned single Judge in W.P.No.8161 of 2020 dated 13.04.2020.

(2.) The case of the appellant, who is the writ petitioner, in a nutshell, is that the deceased father of the appellant was assigned agricultural land of an extent of Ac.0.90 cents in S.No.30/2C1 of Nidigatla village, Korukonda Mandal, East Godavari District on 25.12.1990 and a D-form patta was granted in favour of the appellant's father. Thereafter the appellant's father put the land to cultivation and raised various fruit bearing trees in the said land. It is stated that the said trees are aged about 15 years. The appellant's father died on 11.12.1995 leaving the appellant and his brother as his legal heirs. In the family partition, D-form patta land i.e. an extent of Ac.0.90 cents fell to the share of the appellant and ever since, he is cultivating the said land. The Tahdildar, Korukonda has also mutated the name of the appellant in the revenue records and the pattadar pass books and title deeds were also issued in the name of the petitioner.

(3.) The Tahsildar, Korukonda who is 4th respondent herein, has served a notice dated 07.03.2020, both to the appellant and his brother, which was received by the appellant on 18.03.2020. The said notice was issued in the name of appellant's father. As per the said show cause notice, the appellant has violated the D-form patta conditions by constructing house in the said land, which is meant for cultivation. The 4th respondent directed the appellant to submit his explanation as to why D-form patta should not be cancelled within a period of seven days from the date of receipt of the notice. It appears from the material available on record that the appellant has submitted a reply on 23.03.2020 stating that the notice was in the name of his father, though his name was mutated in the revenue records. He further stated that he raised thatched house for looking after the cultivation and in the year 1993 the thatched house was gutted in a fire accident and the A.P State Housing Corporation sanctioned housing loan to raise pucca house in the year 2009. Thereafter, he has been residing in the said house and doing agricultural operations. The pucca house is raised only in an extent of Ac.0.03 cents out of Ac.0.90 cents for residential purpose and in the remaining extent, agricultural operations are carried out. He requested the respondent authorities to drop further proceedings.