Petitioners have approached this Court challenging show cause notice issued by the Special Tahsildar, Land Acquisition No. 1, calling upon the petitioners to show cause as to why patta granted in their favour should not be cancelled. According to the petitioners, the reason stated for cancellation of patta is absolutely wrong. One of the reasons stated is non-production of certain documents. Petitioners have already produced documents before this Court in a writ petition, which is already available with the office concerned. The reason stated is that the petitioners had not disclosed the excess land in a ceiling case. According to the petitioners, such reasons had been stated only for harassing the petitioners and not for any particular purpose in view of the fact that the petitioner has approached this Court on an earlier occasion. 2. Having regard to the facts and circumstances and on a perusal of the show cause notice, I am of the view that the petitioners were given an opportunity to respond to the show cause notice. It is not proper for this Court to entertain the writ petition at this stage of the proceedings. In the counter affidavit filed on behalf of the 1st respondent, it is inter alia stated that the issuing authority has a right W.P(C) Nos. 1179 & 12707 of 2014 -: 2 :-
and power to cancel a patta that has already been issued if there is any contravention of provisions or rule or any irregularity in the procedure. Petitioners had been called upon to give a reply within 15 days after receiving notice and therefore it was always open for the petitioners to submit their explanation.
3. In the counter affidavit respondent has also narrated the reason for issuing such a show cause notice.
4. Having gone through the materials on record, I am of the view that for consideration of the disputed questions, it is necessary to consider various factual circumstances and documents for which evidence is required. Therefore, it is all the more necessary that the authority who had issued the show cause notice considers the objection raised by the petitioners.
5. Therefore, these writ petitions are disposed of as under:
Petitioners shall file necessary objection to the show cause notice within one month from today and on receipt of the same, the respondent authority shall consider the same and pass appropriate orders after hearing the petitioners. It is made clear that if the respondent authority relies upon any document, copies W.P(C) Nos. 1179 & 12707 of 2014 -: 3 :-
of the same shall be furnished to the petitioners in advance to enable the petitioners to submit proper objection.
Sd/- A.M. Shaffique, Judge.
Tds/