Bokka , Mettu Srinivas Reddy v. The Revenue Divisional Officer,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.3140 of 2016 ORDER:

This civil revision petition is filed challenging the orders dated 30.01.2016 in appeal No.F1/ 3223/ 14 on the file of the Joint Collector, Ranga Reddy District, preferred against the orders dated 28.02.1986 and 28.02.1991 vide file Nos.H/ 8483/ 85 and also file No.L/ 1596/ 89 respectively, on the file of the Revenue Divisional Officer, Hyderabad East Division.

Heard both the counsel.

A perusal of the record reveals that the petitioner herein filed the appeal before the Joint Collector, Ranga Reddy District along with I.A. for condonation of delay of 29 years in filing the appeal. The Joint Collector admitted the appeal No.F1/ 3223/ 14. It clearly indicates that the Joint Collector admitted the appeal after condoning the delay of 29 years in preferring the appeal. Later, the appeal was dismissed on the sole ground that there is a delay of 29 years in filing the appeal.

Learned counsel for both the parties in all fairness submitted that the appellate Court ought not to have dismissed the appeal on the sole ground that the appeal is filed with delay. In view of the submissions made by both the counsel, I am of the considered opinion that it is a fit case to remand the matter to the Joint Collector for disposal on merits.

Accordingly, the Civil Revision Petition is allowed setting aside the orders of the Joint Collector, Ranga Reddy District in appeal No.F1/ 3223/ 14 dated 30.01.2016 and remitting the matter to the Joint Collector for fresh disposal on merits after affording a reasonable opportunity to both the parties in accordance with law. As a sequel, the miscellaneous petitions, pending if any, shall stand closed.

______________________ T.SUNIL CHOWDARY, J 17th February, 2017.

Rns