THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.901 OF 2008 DATED: 23-01-2008 BETWEEN Srimanthu Vishnu Kumar @ Vishnu Murthy, S/o. Narasimha Rao, Occ: Agriculturist, R/o. Krishnunipalem Village, Gokavaram Mandal, East Godavari District. …PETITIONER AND The Revenue Divisional Officer, Rajahmundry, East Godavari District and others. …RESPONDENTS ORDER: Petitioner questions the resumption order passed by the Tahsildar, Gokavaram Mandal, East Godavari District in Ref.B/178/07 dated 08.07.2007 in resuming the land of an extent of Ac.3.70 cents in Sy.No.1/D of Krishnunipalem Village originally assigned to one Sri Kanigiri Suryanarayana on condition that the said land is heritable but not alienable. In the said order it is stated that as the said land assigned to the landless poor has been alienated/transferred, after giving notice to the transferor and transferee and as no explanation has been filed, the said resumption order has been passed. 2. Petitioner further submits that notice was not at all received either by the transferor or the transferee/petitioner herein and without serving any show cause notice, final orders have been passed. He further submits that against the said order he filed an appeal before the Revenue Divisional Officer along with an application to condone the delay of 130 days occurred in preferring the appeal. He further submits that even before the delay application is taken up for consideration and the appeal is considered, the authorities are attempting to dispossess him. 3. According to the petitioner himself, there is a delay of 130 days in filing the appeal, if that be so, unless the delay is condoned, the question of disposing the appeal or granting any stay does not arise. 4. Having regard to the facts and circumstances of the case, the first respondent – Revenue Divisional Officer is directed to consider the request of the petitioner to condone the delay, if any, for entertaining the appeal and then pass appropriate orders either on the stay application or in the main appeal in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 23, 2008 DSK