IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5776 of 2010 Between: The Land Acquisition Officer, Spl.Deputy Collector (LA), APIIC, Visakhapatnam ..... PETITIONER AND Bhoomuni Sanyasi .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5776 of 2010 ORDER: Petitioner is the Land Acquisition Officer. The Civil Revision Petition is filed against the order dated 20.11.2006 made in I.A.308/2006 in O.P.215/1995 on the file of the Principal Senior Civil Judge, Anakapalle in allowing the application of the respondent filed under Or.9 Rule-9 r/w.Sec.151 CPC and restoring the O.P. to its file. It is stated that the State Government acquired the land of the respondent herein along with others for establishing a Petro Chemical Project and the Land Acquisition Officer passed the Award on 14.05.1992 fixing the compensation @Rs.60,000/- per acre. Dissatisfied with the quantum of compensation, the respondent/claimant got the matter referred to the Civil Court under Sec.18 of the Land Acquisition Act. As the claim petition was not filed the said OP was dismissed by order dated 15.09.1997. After lapse of 9 (nine) years the respondent/claimant filed I.A.308/2006 in the said O.P.215/1995 seeking to set aside the ex parte order dated 15.09.1997 and the said I.A.was allowed even without granting any time to file counter. I am of the opinion that the impugned order passed by the Court below is without assigning any reasons and the same is illegal and unsustainable. There cannot be any justification on the part of the learned Principal Senior Civil Judge, Anakapalle who passed the impugned order refusing the time asked by the Government Pleader for filing the counter and in allowing the application, that too without any costs, by setting aside the order dated 15.09.1997, after lapse of 9 (nine) years. Having regard to the facts and circumstances of the case, the Civil Revision Petition is allowed. The order under revision is set aside and the matter is remitted back to the Court below directing to reconsider and pass appropriate orders, after giving reasonable opportunity of being heard to both the parties, if the said O.P.is not yet disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 23.12.2010 Dsr