HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 22635 of 2008 Date: 17.06.2014 Between:
Patil Aqua Products Pvt., Ltd., Secunderabad.
…Petitioner And Land Reforms Tribunal Revenue Divisional Officer, Kandukuru and another.
…Respondents HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 22635 of 2008 O R D E R:
Patil Aqua Products Private Limited is the petitioner. It assails the order of 1st respondent in C.C.No.1/KDK/94 dated 02.09.2008. The 1st respondent passed the impugned order under the A.P. Land Reforms (Ceiling on Agricultural Holding) Act, 1973 (for short ‘the Act’).
With the consent of learned counsel for the petitioner and learned Government Pleader, writ petition is heard and disposed of on a short point of violation of principles of natural justice.
The facts relevant for the said purpose are as follows:
The petitioner-company filed declaration under the Act and it was taken on file as C.C.No.1/KDK/94. The 1st respondent has taken up enquiry to determine the alleged surplus ceiling held by petitioner-
company and the same was commenced with the issuance of notice, dated 03.09.1997.
From the counter affidavit, it is clear that in between 1997 and 1999, the matter has undergone as many as 11 adjournments either for a reason attributable to petitioner or due to administrative exigencies, the enquiry as contemplated under the Act could not be proceeded with or concluded. From the admitted dates and events, notice dated 28.01.2008 was issued by the 1st respondent. The notice was dispatched by RPAD on 01.02.2008. From the postal endorsement on the acknowledgment of instant notice, it is clear that it was received in the office of 1st respondent on 12.02.2008 and the proposed enquiry through the notice was scheduled on 11.02.2008 at 3.00p.m. in the office of the 1st respondent. Even without receipt of acknowledgment of instant notice, the 1st respondent proceeded to determine the surplus ceiling held by petitioner-company and passed the order impugned. Without adverting to other ancillary submissions urged in this behalf by both sides, it is sufficient to note that the notice dated 28.01.2008 firstly, is not issued to the declarant company and secondly, it is not conforming to the statutory notice submitted in Form- V of the A.P. Land Reforms (Ceiling on Agricultural Holding) Rules, 1974.
The defects referred to above substantially vitiated the order impugned in the writ petition.
The learned Government Pleader made a feeble attempt to persuade this Court that the order impugned in this writ petition is appealable under the provisions of the Act, and writ ought not to be entertained. From the material placed on record by the respondents, it transpires that there is violation of principles of natural justice and requirements of the A.P. Land Reforms (Ceiling on Agricultural Holding) Rules, 1974.
Without expressing any view on the other contentions canvassed by the petitioner in this behalf, the order impugned is set aside on the short ground of violation of principles of natural justice and case is remitted to 1st respondent for disposal in accordance with law. The 1st respondent ensures that the petitioner is given sufficient time and the notice is dispatched as required by the Act.
The writ petition is allowed and case remanded to 1st respondent. No order as to costs.
Consequently, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
S.V.Bhatt,J Date: 17.06.2014 KLP