Case Note & Summary
The writ petition was filed by P.K. Raj and K. Sivavaishnav challenging the order of the District Revenue Officer, Tiruppur, dated 29.09.2022, which cancelled the patta standing in the petitioner's name. The petitioner claimed to have purchased the property through a sale deed dated 07.12.1981 and had been in long possession. The District Revenue Officer, without considering the documents produced by the petitioner, passed an order stating that the property was donated to the Bhoodan Board under the Bhoodan Yagna Act, 1958, and cancelled the patta. The respondents argued that one Mr. Venkatachala Gounder donated the property to the Bhoodan Board on 08.01.1956, confirmed on 21.11.1966, and a deed was registered as Document No. 2130/1968. They contended that once donated, the property vests with the Board and cannot be transferred. The court found that there was no document to establish the donation and that the petitioner's long possession was ignored. The court held that the cancellation order was erroneous and set it aside, restoring the patta in the petitioner's name. The court directed the respondents to restore the patta within four weeks.
Headnote
A) Bhoodan Yagna Act, 1958 - Patta Cancellation - Lack of Evidence - The District Revenue Officer cancelled the petitioner's patta claiming donation to Bhoodan Board, but failed to produce any document to establish such donation. The court held that without proper evidence, the cancellation order is unsustainable. (Paras 2-4) B) Bhoodan Yagna Act, 1958 - Long Possession - Rights of Possessor - The petitioner had been in possession of the property since 1981 under a sale deed. The court held that long possession cannot be ignored without clear proof of donation to the Board. (Paras 2-4) C) Natural Justice - Opportunity of Hearing - The District Revenue Officer conducted an enquiry but did not consider the documents produced by the petitioner. The court held that failure to consider relevant material violates principles of natural justice. (Paras 2-4)
Issue of Consideration
Whether the District Revenue Officer's order cancelling the petitioner's patta on the ground that the property was donated to the Bhoodan Board under the Bhoodan Yagna Act, 1958, without proper evidence and without considering the petitioner's long possession, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 29.09.2022 passed by the District Revenue Officer, Tiruppur, is quashed. The respondents are directed to restore the patta in the name of the petitioner within four weeks.
Law Points
- Bhoodan Yagna Act
- 1958
- Patta cancellation
- Long possession
- Donation evidence
- Natural justice
