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of <h1>Court Upholds Collector's Authority to Cancel Land Assignment for Violating Conditions; No Remand for Futile Hearing.</h1> The HC set aside the Single Judge's decision, dismissing the Original Petition challenging the District Collector's cancellation of a land assignment. The ... - Issues:Challenge to cancellation of land assignment by District Collector under Kerala Land Reforms Act and Land Reforms (Ceiling) Rules; Power of District Collector to cancel assignment; Requirement of giving affected party an opportunity to be heard before cancellation.Analysis:1. The appeal challenges the judgment where the District Collector's cancellation of a land assignment was challenged. The Collector assigned the land to an individual under the Kerala Land Reforms Act, subject to certain conditions. The assignee transferred the property to another party, leading to the cancellation of the assignment by the Collector. The Single Judge allowed the Original Petition, quashing the cancellation order (Ext. P-1) and prompting this appeal.2. The Single Judge's decision was based on two grounds: firstly, questioning the District Collector's authority to cancel the assignment, and secondly, highlighting the lack of an opportunity for the assignee to be heard before cancellation. The Government Pleader contended that the power to cancel the assignment is derived from Rule 29(8) of the Land Reforms (Ceiling) Rules, which allows cancellation for contravention of assigned conditions, with the authority to cancel resting with the assigning authority.3. The delegation of power under Section 128A of the Kerala Land Reforms Act empowered the District Collector to assign land, including the specific land in question. While the power to cancel the assignment was not explicitly delegated, the authority to cancel is tied to the authority that assigned the land. As the Collector assigned the land in this case, he had the competence to cancel the assignment under Rule 29(8), despite no express delegation for cancellation.4. The requirement of giving the affected party an opportunity to be heard before cancellation, as per Rule 29(8), was also discussed. The assignee who transferred the land had no subsisting interest, making the Respondent, who acquired the property, the affected party. The Respondent was entitled to be heard before cancellation, ensuring principles of natural justice were followed.5. The discretionary jurisdiction of the Court under Article 226 of the Constitution was invoked, emphasizing that not every violation of natural justice mandates Court interference, with each case's circumstances dictating intervention.6. The Court concluded that the Respondent's actions contravened the assigned conditions, justifying the cancellation of the assignment. Given the facts before the Court, remitting the case back to the Collector for fresh disposal would serve no purpose. The Court declined to interfere, setting aside the Single Judge's decision and dismissing the Original Petition.This detailed analysis outlines the legal intricacies surrounding the cancellation of a land assignment under the Kerala Land Reforms Act, emphasizing the District Collector's authority, the requirement of affording the affected party an opportunity to be heard, and the Court's discretionary power in such matters.
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