IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8698 of 2008 Between: 1 Edumulapti Munaswamy Naidu, S/o. Reddanna (died) per L.Rs. E.Venkataprasad, S/o. Late Munaswamy Naidu, aged 47 yrs. 2 Edumulapti Narayanaswamy Naidu, S/o. Chandra Munawamy Naidu, 3 Edumulapti Krishnamma, W/o. Sundariah Naidu (died) Rep by her Lr. E.Damodar Naidu, S/o. Late Sundaraiah Naidu, Aged 36 yrs. 4 Edumulapati Ramanadham Naidu, S/o. Late Rangaiah Naidu, R/o. Rayavaripalle Village, Pulicherla Mandal, Chittoor District. 5 Edumulapati Krishnamurthy Naidu, S/o. Late Rangaiah Naidu, R/o. Rayavaripalle Village, Pulicherla Mandal, Chittoor District. 6 Edumulapti Parandhama Naidu, S/o. Late Rangaiah Naidu, R/o. Rayavaripalle Village, Pulicherla Mandal, Chittoor District. 7 Edumulapati Bhaskar Naidu, S/o. Late Rangaiah Naidu, R/o. Rayavaripalle Village, Pulicherla Mandal, Chittoor District. ..... PETITIONER(S) AND 1 The Commissioner and Director of Settlements, Andhra Pradesh, Hyderabad. 2 The Joint Collector Cum Settlement Officer,(FAC), Chittoor District. 3 Tahsildar, Chandragiri now re-designated as Mandal Tahsildar, Pulicherla Mandal,Chittoor District. .....RESPONDENT(S) 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, direction, order or orders more particularly one in the nature of writ of mandamus declaring the impugned Proceedings dt.28/2/2008 passed in D.Dis.No.B1/1063/2008 as illegal, arbitrary, malafidy and violation of principles ofnatural justice and consequentially direct therespondents to grant patta to the petitioners in the interest of justice and pass Counsel for the Petitioner:MR.A.CHANDRAIH NAIDU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : . THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 8698 of 2008 Oral order: Assailing the order dated 28.02.2008, passed by the 1st respondent, namely the Commissioner and Director of Settlements, Hyderabad, rejecting the revision filed by the petitioners against the orders dated 30.07.2007 passed by the 2nd respondent, namely Joint Collector-cum-Settlement Officer, Chittoor, on the ground that it is time barred, the petitioners filed the present writ petition. The learned counsel for the petitioners submitted that there is delay of only 78 days in preferring revision before the 1st respondent against the order dated 30.07.2007 of the 2nd respondent, and even though the petitioners filed condone delay petition along with the revision, explaining the reasons for not filing the revision in time, the 1st respondent without considering the same, has passed the impugned order rejecting the revision as time barred, which is illegal and arbitrary. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. The delay in preferring the revision petition by the petitioners against the orders of the 2nd respondent before the 1st respondent is not abnormal. Considering the fact that the 4th petitioner in the affidavit filed in support of the condone delay petition as well as in the affidavit filed before this Court, has stated that since he met with a car accident and was hospitalized, he could not file the revision in time, the learned Assistant Government Pleader for Revenue also agreed that the impugned order be set aside and the 1st respondent be directed to condone the delay and dispose of the revision on merits, and more so when the 4th respondent produced a medical certificate to that effect, which he filed before the 1st respondent along with the condone delay petition. In view of the admitted stand taken, I deem it appropriate to pass the following order: The writ petition is allowed. The impugned order is set aside. The 1st respondent is directed to condone the delay and entertain the revision filed by the petitioners and decide the same on in its own merits, and pass appropriate orders thereon in accordance with law. No costs. _________________ N.V. RAMANA, J. Date: 21st April, 2008 KSR .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}