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In the High Court of Judicature of Andhra Pradesh, Hyderabad

In the High Court of Judicature of Andhra Pradesh, Hyderabad

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Published by mohankmrk

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Published by: mohankmrk on Dec 09, 2009
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Between:Gomari Padma Reddy S/O. Penta ReddyAged abou 55 years. Occ: AgricultureR/o Hussainabad Village of Bhongir Mandal Nalgonda District ...PetitioneAnd1The District collecto Nalgonda District.2The Joint collecto Nalgonda District
The Sub Collector &Revenue Divisional Officer Bhongir, Nalgonda District4The TahsildaBhongir, Nalgonda District Respondents1.M.C Lal S/o.Bhadru aged about 47 years. R/o Nalgondado here by solemnly affirm and sincerely state on oath as fallows:
That I am working as Joint Collector at Nalgonda and Respondent No-2herein and as such well acquainted with the facts of the case. I have gonethrough the affidavit filed by the Writ petitioner in support his claim. Theaverments made by the petitioner does not disclose any substancewarranting interference of this Hon’ble Court under Article-226 of theConstitution of India. All the averments made therein hereby denied exceptto the extent that are specifically admitted hereunder and the Petitioners are put to strict proof of the same. There are no merits in the Writ Petition andthe same is liable to be dismissed.
In reply to the averments made in para 2& 3 of the Prtitioner’s affidavit it issubmitted that the Writ petitioner is not a small farmer 
as alleged by him.
is having Patta land to an extent of Ac 34-19 gts in Sy.Nos. 16. 20, 21,26, 27, 31, 32, 37, 38 and 69 of Hussainabad village. The petitioner, thougha Big land holder (copy enclosed) got assignment of Govt. land to an extentof Ac. 8-07 gts in Sy. No.107/16 and 107/17 situated at Hussiananabadvillage of Bhongir Mandal by misrepresenting the facts. As per G.OMs.No.1406 Revenue Dated 26.07.1958 the maximum extent of Govt. landthat can be assigned to a land less poor person is only Ac. 5-00 Dry land or Ac.2-50 Wet land.Thus total extent held by the Writ petitioner is Ac. 42-26gts which confirms from the copy of Pattadar Passbook enclosed to theWrit petition that he is big land holder, but not land less poor person asalleged in the Writ petition. As per conditions of the Assignment pattacertificate he should bring land into cultivation within a period of (3)year from the date of Assignment. In this instant case the Govt.land wasassigned to the petitioner herein during the year 1978. But the petitioner hasnot brought the land into cultivation till today. The land is kept fallow as barren land. It is not true that the petitioner sowing oil seeds, jowar etc. inthe suit land. The Joint Collector personally inspected land on 05.09.2008and found that they are no signs of the land having put to use either in pastor now. It is denied that the petitioner using a portion of said land to growgrass for feeding cows and buffalos.Though the petitioner was givenPattedar passbook and Title deed he has not brought under cultivation andas such his assighment patta was cancelled vide this office Procgs. No.G/8887/07, dated 19.12.2008 and the Tahsildar,Bhongir taken ove possession of the suit land on 03.01.2009 and set a part for public purposeviz construction of houses under Indiramma Scheme Phase-II.
In reply to the averments ia para 4 & 6 of the petitioners affidavit it issubmitted that the Respondent No-4 has issued Show Cause Notice to theWrit petitioner stating that he neither cultivating nor Developed theAssigned lands since inception and to explain why assigned land inSy.No.107 shall not be cancelled. The Writ petitioner has submittedexplanation stating that he is cultivating land and growing oil seed crops besides jawar. As such Tahsildar, Bhongir has submitted proposals for cancellation of Patta certificates. A Fresh notice has been issued by theRespondent No-2 to the petitioner proposing the action for cancellation of  patta. The petitioner submited same reply which was given to Respondent No-4. There upon the Respondent No-2 has inspected the land 05.09.2008and found that the most of the land is barren except for a few trees/bushes,further whole area a covered by stones/pebbles they are no signs of the landhaving put to use either in past or now. The inspection of the Respondent No-2 clearly established that the suit land is not even being used fograzing purpose as alleged. The petitioner is having Ac.34.19 gts of pattaland as such it is false to plead that he do not have any other than the landexcept said assigned land. Iti is not true that abundant Govt.land is availablein around Bhongir town for allotment to Housing scheme.

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