LAWS(APH)-2007-8-95

K BHARATHI Vs. STATE OF ANDHRA PRADESH

Decided On August 07, 2007
K.BHARATHI Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioners were granted house site pattas over an extent of 33.33 sq. yards, each, in T.S.No.4/1, Block-M, of Ward No.47, Nampaily Mandal, Hyderabad, in the year 1995. That area was covered by notification dated 12-12-1991, issued under Section 3 of the A.P. Slum Improvement (Acquisition of Lands) Act, 1956 (for short 'the Act').

(2.) Recently, the Government allotted an extent of 5117.68 sq. yards of land, in favour of Indian National Congress Party, vide G.O.Ms.No.76, dated 25/11/2005. This land included the plots, that were assigned to the petitioners. Apprehending eviction from the land, petitioners filed W.P.No.25905 of 2005. The respondents filed a counter-affidavit, stating that they would not dispossess the petitioners, except by following the procedure, prescribed by law. The writ petition was disposed of, on 19/12/2006, duly recording the undertaking given by the respondents. This was followed by another writ petition, being W.P.No.499 of 2007. Almost on the same terms, that writ petition was also disposed of, on 8/2/2007.

(3.) The Collector, Hyderabad, the 4th respondent herein, issued show cause notices dated 21/6/2007, to the petitioners, requiring them to explain as to why the pattas granted to them shall not be cancelled. It was pointed out that, irregularities have taken place in the course of granting pattas, that too, by an Authority, not vested with the power. The petitioners challenge the show cause notices. They submit that the notices are as vague as they could be, and the allegation, as to misrepresentation, is absolutely without any basis. They contend that, in spite of their best efforts, they cannot make any sensible representation, in response to the show cause notices. Their further contention is that, the notification issued under the Act, is still in force, and as long as the same stands, the question of the land being resumed, that too, for allotmentto a political party; does not arise.