IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.10886 of 2010 Between: Challa Jayavelu … Petitioner And The District Collector, Vizianagaram and two others … Respondents This Court made the following: HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No. 10886 OF 2010 ORDER:- Heard both sides. The 3rd respondent-Tahsildar, Sullujrpet Mandal, Nellore District resumed the land of an extent of Ac.0-01 cent in Sy.No.67/3 of Sullurpet village and Mandal, Nellore District vide proceedings in R.C.A.No.307/2009 dated 29.09.2009 on the ground that the house site was assigned in favour of Magatala Krishnamma vide R.C(B2) 129/76 dated 30.07.1979 but the said Magatala Krishnamm alienated the said land. A complaint was also filed int hat regard before the Lok Ayukta. As the alienation was established a show cuse notice was issued and resumption order was passed. Aggrieved by the said order, the petitioners herein filed an appeal before the Revenue Divisional Officer – 2nd respondent but the appellate authority dismissed the appeal by an order dated 27.04.2010 on the ground that the appeal has not been filed within the time stipulated. Being aggrieved by the said order, the petitioners have filed the present writ petition. It is the case of the petitioner that the order of the 3rd respondent was only served on 16.02.2010 and the appeal was filed on 19.04.2010 and there was no much delay. Having regard to the facts of the case, as the delay in filing of the appeal is very less, the order of the 2nd respondent-appellate authority is liable to be set aside. Accordingly, the order of the 2nd respondent dated 27.04.2010 is set aside and the matter is remitted back to the 2nd respondent to reconsider and pass appropriate orders afresh in accordance with law. The writ petition is accordingly disposed of at the stage of admission. No costs. __________________ V.ESWARAIAH, J 5th May 2010 LMV