LAWS(APH)-2009-4-79

P NAGUR SAHIB Vs. JOINT COLLECTOR KADAPA

Decided On April 18, 2009
P NAGUR SAHIB Appellant
V/S
JOINT COLLECTOR KADAPA Respondents

JUDGEMENT

(1.) THE petitioners state that they have been assigned Acs. 4. 50 cents of land each, in Sy. No. 288 of Savikattepalle village, S. A. K. N. Mandal, Kadapa District, on 4. 12. 1987. It is stated that they are cultivating the land ever since the date of assignment. The Revenue Divisional Officer, the 2nd respondent herein, cancelled the patta of the petitioners vide proceedings dated 30. 7. 2005. The petitioners filed WP no. 18920 of 2005. The writ petition was allowed on 12. 9. 2005, and the matter was remitted to the Joint Collector, Kadapa, the 1st respondent herein, for fresh consideration and disposal.

(2.) THE 1st respondent called for the report from the Tahsildar, the 3rd respondent; issued notice to the petitioners, and through proceedings dated 5. 12. 2007 cancelled the pattas granted in favour of the petitioners, and directed resumption of the land. The said order is challenged in this writ petition.

(3.) THE petitioners contend that the findings recorded by the 1st respondent are self-contradictory, inasmuch as it was pointed out on the one hand, that the land was not brought under cultivation from three years, and on the other hand, it was mentioned that the pattas issued to the petitioners are not genuine. They further contend that the 1st respondent has proceeded mostly on surmises and assumptions, and the proper basis, for treating the pattas, as not genuine; was not indicated at all.