THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17129 OF 2004 DATED 11th JULY, 2014 Between:
Nayani Swarupa … Petitioner and O/o. Mandal Revenue Office, Husnabad, Karimnagar District and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17129 OF 2004 O R D E R This writ petition is filed assailing the proceedings dated 29-08-2004 issued by the Mandal Revenue Officer, Husnabad, Karimnagar District, whereby the house site patta certificate issued in favour of the petitioner was cancelled. The chief ground of challenge is that the petitioner was not put on notice and the cancellation was effected in violation of the principles of natural justice. When the matter came up for admission before this Court on 23-09-2004, the learned Government Pleader for Revenue was asked to obtain instructions as to whether any notice was issued before cancellation of the subject patta. Thereafter, when the matter came up for hearing on 30-09-2004, this Court directed that pending further orders the lands in question should not be assigned to any third party.
2. Despite the passage of nearly ten years, the respondents have not filed a counter in the matter.
3. Perusal of the impugned proceedings dated 29-08-2004 supports the contention of the petitioner that she was not put on notice prior to cancellation of the patta granted to her. There is thus a clear violation of the principles of natural justice. When the effect of the order had dire civil consequences for the petitioner, she necessarily had to be afforded an opportunity of hearing before a decision was taken in the matter. On this short ground, the impugned proceedings dated 29-08- 2004 are set aside. This shall however not preclude the respondent authorities from initiating action afresh in accordance with law, if warranted.
4. The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
SANJAY KUMAR, J 11th July, 2014 Svv