Smt Ameerbee v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.20157 of 2016 ORDER:

This writ petition is filed seeking to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the proceedings Rc.No.2063/2012/D4, dated 18-05-2016 of the 2nd Respondent in dismissing the delay condone petition filed for condoning delay of 80 days in preferring statutory Revision against orders of 3rd Respondent passed in D.Dis.No.D2/283/2011, dated 24-09-2011, thereby cancelling pattedar passbooks issued to petitioners, as illegal and arbitrary and consequently set aside the same and direct the Respondent No.2 to adjudicate the Revision Petition preferred against the orders of the 3rd Respondent passed in D.Dis.No.D2/283/2011, dated 24-09-2011 on merits by condoning the delay in filing Revision Petition. Heard the learned counsel for petitioners and the learned Government Pleader for Revenue appearing for Respondents Nos.1 to 4 and Sri I.Venkata Prasad, learned counsel appearing for Respondent Nos.5 to 7.

Sri I.Venkata Prasad, learned counsel appearing for Respondent Nos.5 to 7 opposed the writ petition stating that the delay is not properly explained.

It is to be seen that property rights of the petitioners are

involved and the delay is only 80 days and the Joint Collector has not passed any reasoned order.

In view of the same, the impugned order is set aside and since the delay is only 80 days, the condone delay petition is allowed and the 2nd Respondent is directed to dispose of the revision itself on merits in accordance with law.

Accordingly, the Writ Petition is allowed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

__________________________ A. RAJASHEKER REDDY, J Date: 24-06-2016 SKMR