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2002 DIGILAW 959 (AP)

Udatha Adilakshmamma v. Mandal Revenue Officer, Manubolu Mandal, Nellore District

2002-08-06

B.PRAKASH RAO

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B. PRAKASH RAO, J. ( 1 ) THE petitioners seek to challenge the notice dated 12-1-1991 of the 1st respondent calling upon them to pay certain amounts on the ground that in spite of cancellation of the assignment they are cultivating the lands in question. ( 2 ) THE case of the petitioners that they were assigned the lands long back in 1970 and since then they have been cultivating the lands. However, under the impugned orders they were asked to pay certain amounts. According to the petitioners no notice was issued nor served to them nor any orders of cancellation were passed. ( 3 ) IN the counter filed by the respondent it is stated that a show-cause notice dated 22-9-1990 was sent and the same was acknowledged by the petitioners on 28-9-1990, but no explanation was filed by them. Therefore it shall be treated as if the orders cancelling the assignment were served. ( 4 ) THE counter does not refer to any cancellation. Therefore the fact remains that even after the notice issued to the petitioner no orders finally were passed. It does not show that any enquiry was conducted by the respondents. Therefore, as long as final orders are not passed cancelling the assignment, the demand of the respondents to make any payments does not arise. ( 5 ) ACCORDINGLY, the writ petition is allowed and the impugned notice is set aside. It is open for the respondents to pass final orders in accordance with law, in pursuance of the notice issued by them, after conducting enquiry and after considering the explanation that may be submitted by the petitioners. The petitioners shall file their explanation, if any, within eight weeks from to-day to the impugned notice. No costs.