IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.20627 of 2001 Between: 1 Geda Satyavathi W/o Ramakrishna R/o Kannapuram, Koyyalagudem Mandal, West Godavari District. 2 Nalluri Rajarao S/o Late Satyanarayana R/o Rajampalem, Gopalapuram Mandal, West Godavari District. 3 Smt. Kodavali Gangaratnam W/o Babu Rao R/o Kannapuram, Koyyalagudem Mandal, West Godavari District. ..... PETITIONERS AND 1 Government of A.P., Rep. by its Secretary, Tribal Welfare Department Secretariat, Hyderabad. 2 The Agent to the Government-cum-District Collector Eluru, West Godavari District. 3 Revenue Divisional Officer-cum-Land Acquisition Officer Kovvur, West Godavari District. 4 K. Surya Rao S/o Chandraiah R/o Lakshmipuram, Buttayagudem Mandal, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ of Mandamus, or any other appropriate writ, order or direction declaring the action of the 1st Respondent in not giving right of hearing to the petitioners herein in Revision Petition ﬁled by mother of the petitioners by reopening the same vide letter No.13467/LTR.1/2001-1, dt. 13-9-2001 enabling the petitioners to establis their case to protect their valuable right over the schedule property belonging to their mother in respondents R.S.No.87/2 an extent of Ac.5.15 cents, situated at Lakshmipuram Village, Buttayagudem Mandal, West Godavari District and further directing the 1st Respondent to permit the petitioner to come on record as legal Heirs of their mother who was the 1st Petitioner in the Revision, by setting aside the G.O.Rt.No.866 dt. 30-8- 1995 issued by the 1st Respondent and pass Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: . The Court made the following: Form-NIC-OGS/WP{SRAVAN} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.20627 of 2001 ORDER: It is the case of the petitioners that the petitioner Nos.1 and 3 are the daughters and the 2nd petitioner is son of late Nalluri Gangadevi. It is stated that the petitioners herein and others are the legal heirs of Nalluri Ganga Devi and the said Nalluri Ganga Devi ﬁled a revision before the Government against the orders of the Agent to Government in SRA.No.1/75 dated 03.08.1977 on 24.12.1977 and the Government said to have issued notices in Memo No.4680/F1/77-7 dated 04.02.1995 requiring the revision petitioner to adduce evidence, but the revision petitioner in fact died on 22.12.1994 i.e. even before issuance of the notices in the pending revision. It is further stated that the revision was dismissed in G.O.Rt.No.866, Social Welfare (F) Department, dated 30.08.1995, conﬁrming the orders of the Agent to the Government, West Godavari District. It is stated that the petitioners being legal heirs were not aware about the pendency of the revision and no notice was issued to the petitioners, and therefore, the petitioners and others ﬁled a review petition along with an application to condone the delay of 2400 days in ﬁling the L.R.petition. The 1st respondent vide the impugned letter No.13467/LTR.1/2001-1, Social Welfare (LTR) Department, dated 13.09.2001 informed the Advocate of the petitioners that the revision cannot be heard for the second time with the legal heirs as the revision ﬁled by their mother was already been rejected. Aggrieved by the same, the present writ petition has been filed. I have perused the records. I am of the opinion that the Government neither considered the application said to have been ﬁled to condone the delay in ﬁling L.R.petition or the review petition. The petitioners have ﬁled material papers in proof of ﬁling the review petition which is said to have been received on 17.08.2000 and the said review petition contains the CMP to condone the delay of 2400 days in ﬁling the L.R.,petition and another petition to review the order of the Government in the said G.O.Rt.No.866, dated 30.08.1995. The impugned order is not speciﬁc with regard to consideration of the said applications. The order under impugned is accordingly set aside, remitting back to the 1st respondent to consider and dispose of afresh the application said to have been ﬁled on 17.08.2001 to condone the delay in bringing L.Rs of the revision petitioner. The Writ Petition is, accordingly, allowed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 07.08.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of A.P., Rep. by its Secretary, Tribal Welfare Department Secretariat, Hyderabad. 2 The Agent to the Government-cum-District Collector Eluru, West Godavari District. 3 Revenue Divisional Officer-cum-Land Acquisition Officer Kovvur, West Godavari District. 4 2. 2CCs to 5. 2CD copies