WA/2136/2004 of R.Shaheem Begum Vs The Mandal Revenue Officer, on 30 December 2004

ORAL JUDGMENT:

( per Hon’ble The Chief Justice )

……

1 . Appellants filed writ petition questioning the legality and validity of theorder dated 03.08.2004 passed by the Mandal Revenue Officer, Podalakur.Learned single Judge disposed of the writ petition on the ground ofavailability of statutory appeal to challenge the order impugned in the writpetition. This appeal has been preferred to set aside the order of the learnedsingle Judge.

2. We have heard learned counsel for the parties.

3. We have gone through the order dated 03.08.2004 and the reply to theshow-cause notice issued to the petitioners calling upon their explanationwhy assigned lands should not be resumed. In fact assigned lands weresought to be resumed on the ground that the lands are C.J.F./D Form landsand that the same were liable to be resumed. When show-cause notice wasissued, writ petition was filed and the same was dismissed by this Court onthe ground that it was for the petitioners – appellants to file their reply andonly in case they are aggrieved by the final orders, the same can bechallenged in accordance with law. Mandal Revenue Officer noticing thesefacts held that the lands in question are assigned lands. But withoutconsidering the other objections raised by the petitioners – appellants, in amechanical manner the Mandal Revenue Officer said that after observing all formalities, he is ordering resumption of the assigned lands to theGovernment under B.S.O. 15/12/3/(111) for violation of Condition No.2 ofD.Form patta.

4. As a matter of fact, it is very cryptic where the Mandal Revenue Officerpassed order without taking into consideration the stand of the petitioners –appellants and without holding any enquiry. Mandal Revenue Officer wasrequired to follow the principles of natural justice meticulously, thatopportunity of being heard is not merely an eye wash but it has to be aneffective hearing and there has to be an enquiry conducted in case petitioners– appellants would like to produce records. Having failed to do so, the orderof the Mandal Revenue Officer is vitiated because of the violation ofprinciples of natural justice. We would have relegated the appellants toalternative remedy, but violation of principles of natural justice makes theorder nullity. Consequently, we allow the appeal, set aside the impugnedorder, allow the writ petition and set aside the order impugned in the writpetition with direction that Mandal Revenue Officer will issue acomprehensive show-cause notice and give due opportunity to the appellants– petitioners to submit their reply and afford them an opportunity to producesuch documentary evidence which they would like to produce and thenproceed to decide the matter in accordance with law. No costs.

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DEVINDER GUPTA. C.J.,

______________________

M. NARAYANA REDDY. J.,

Dated: 30.12.2004.

VRK.

To

1. The Mandal Revenue Officer, Podalakur Mandal, Nellore District.

2. Two CCs to G.P., for Assignment, High Court Buildings, Hyderabad(OUT).(OUT).

3. Two CD copies.

HON’BLE SRI DEVINDER GUPTA,

CHIEF JUSTICE

AND

HON’BLE SRI JUSTICE M. NARAYANA REDDY.

W.A.NO. 2136 OF 2004.

( Judgment of the Bench delivered byHon’ble The Chief Justice )

Dt: 30.12.2004.