LAWS(APH)-2012-10-135

BANDI JAYACHANDRA REDDY Vs. DISTRICT COLLECTOR

Decided On October 08, 2012
Bandi Jayachandra Reddy Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THE petitioner was assigned an extent of Ac.0.11 cents of land in Survey No.153/4/1 of Vedurukuppam Village and Mandal, Chittoor District by the Tahsildar, Vedurukuppam Mandal, 2nd respondent herein, vide proceedings, dated 01-06-2000. It is stated that all around the assigned land, permanent structures such as, houses have come up and it has become part of Gramkantam. The petitioner constructed a Rice Mill over the assigned land. On noticing this, the District Collector, Chittoor, 1st respondent herein, directed cancellation of the patta. Accordingly, the 2nd respondent issued a notice to the petitioner directing him to explain as to why assignment be not cancelled. The petitioner, on the other hand, submitted a representation to the 2nd respondent with a request to convert DKT patta into patta land by collecting market value. The petitioner states that the respondents are trying to seize the Rice Mill and to evict him. He challenges the action of the respondents.

(2.) THE 2nd respondent filed a counter-affidavit. He admitted the fact that the petitioner was assigned Ac.0.11 cents of land in the year 2000. It is also stated that on the instructions issued by the 1st respondent, proceedings were initiated for cancellation of the assignment and final orders in this regard, were passed on 30-12-2010.

(3.) THE purpose for which the land was assigned to the petitioner, was to carry on agriculture. However, the extent itself is so small that hardly one can expect any agricultural operations to be carried thereon. Added to that, constructions were made all around the plot. In case, the petitioner wanted to make any construction upon the land, he ought to have obtained permission from the respondents. However, he constructed a Rice Mill and is running it.