HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No.10894 OF 2010 Between: Smt. Dantala Mohana Sundari …Petitioner Vs. The District Collector, Nellore and others …Respondents HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No.10894 OF 2010 ORAL ORDER: The petitioner said to have been purchased the land of an extent of 82.68 square yards in Sy.No.67-3 including a house bearing No.12- 197 situated at Sanjeevaiah Nagar, Sullurpet Gram Panchayat, Nellore District by way of an agreement of sale and obtained possession on the same. While so, the 3rd respondent-the Tahasildar, Sullurpet Mandal after issuing a show cause notice dated 18-08-2009, without properly considering the explanation of the petitioner, resumed the said land vide order 29-09-2009. As against the said order, the petitioner filed an Appeal before the 2nd respondent- Revenue Divisional Officer, Gudur but the said Appeal was also rejected by the order dated 27-04-2010 on the ground that the Appeal is not filed within the stipulated time. It is the case of the petitioner that the order of the 3rd respondent dated 29.09.2009 was only served on the petitioner on 16.02.2010 and the Appeal was filed on 19.04.2010 and therefore the rejection of Appeal on the ground of time-barred is without any justification. A perusal of the order of the 3rd respondent – Tahasildar goes to show that the land in question was assigned in favour of one Kunji Mutyalamma. Later, the said K.Mutyalamma alienated the land of an extent of Ac.0.01 cent contrary to the terms and conditions of the assignment and in violation of the provisions of the A.P. Assigned Lands (Prohibition of Transfer ) Act, 1977 ( for short “the Act”) and therefore after issuing a show cause notice the said land was resumed by the Government. Insofar as the Appeal is concerned, the appellate authority has not stated as to when the order of the Tahasildar was served on the petitioner and what is the delay in filing the Appeal. As the appellate order is without any material particulars, the same is liable to be set aside and accordingly the order dated 27-04- 2010 is set aside and the matter is remanded back to the 2nd respondent - Revenue Divisional Officer, Gudur to consider and dispose of the Appeal on merits in accordance with law and till then status quo obtaining as on today shall be maintained. The writ petition is accordingly disposed of as above at the stage of admission. No costs. ______________ V. ESWARAIAH, J Date: 05-05-2010 TSNR