HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15458 of 2010 Dated: 16-08-2010 Between: Mohd. Qamruddin. … Petitioner And The Joint Collector-II, Rangareddy District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15458 of 2010 ORDER: This writ petition is filed, questioning the order passed by the 1st respondent-Joint Collector, Ranga Reddy District, dated 12th of March 2010, passed in Case No.F1/1308/2009, allowing the appeal filed by the 2nd respondent under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The dispute relates to grant of occupancy rights with regard to the land admeasuring Ac.3.32 guntas, covered by Survey No.437/E of Marpally village and Mandal of Ranga Reddy District. The petitioner herein was granted occupancy certificate in respect of the aforesaid land by the primary authority i.e. the Revenue Divisional Officer, Vikarabad, by proceedings, dated 15th December 2008, in File No.D/1631/2008. Aggrieved by the aforesaid order to the extent of Ac.3.32 guntas, covered by Sy.No.437/E, the 2nd respondent preferred an appeal before the Joint Collector under Section 24 of the A.P. (T.A) Abolition of Inams Act, 1955. The appellate authority, by the impugned order, has set aside the order of the Revenue Divisional Officer, dated 15.12.2008, to the extent of Ac.3.32 guntas of land covered by Sy.No.437/E. In this writ petition, the order of the appellate authority is questioned mainly on the ground that the said order was passed without giving any notice and opportunity to the petitioner. It is stated that one of the respondents before the appellate authority died, as such, the matter was posted for taking steps, but at that stage, without hearing the petitioner herein, the order, dated 12th March 2010 is passed. This Court issued notice before admission at first instance, on 02.07.2010. When the matter came up for hearing on 28.07.2010, this Court directed the learned Government Pleader to produce the relevant record so as to show as to whether any notice is served on the writ petitioner or not, by the appellate authority before passing the order, dated 12th March 2010. Pursuant to the directions of this Court, entire record from the appellate authority, including the note file, is produced before this Court. A perusal of the note file indicates that notices were issued up to 9th March 2009, but subsequently, no notices were issued for hearing. From the record, it appears that the last notice, dated 8th of July 2009, was issued for listing of the matter on 18.07.2009, which is not noted in the note file. But thereafter, there was no notice for hearing of the matter. A perusal of the impugned order shows that the case was finally called on 09.10.2009, on which date, counsel for appellant present and respondents were absent. While recording so, the impugned order is passed. A perusal of the note file shows that there is no indication of serving notice on the petitioner prior to listing the matter finally on 09.10.2009. In that view of the matter, on this short ground alone, I deem it appropriate to set aside the order of appellate authority. Accordingly, the order, dated 12th March 2010, passed by the 1st respondent-Joint Collector in Case No.F1/1308/2009, is set aside, and the matter is remanded for fresh consideration. The 1st respondent- Joint Collector to issue fresh notices of hearing to the parties, and decide the matter afresh. As the appeal is of the year 2009, and as the primary authority has passed orders as early as on 15th December 2008, I deem it appropriate to direct the appellate authority to decide the appeal within a period of three months from today. It is made clear that this Court has not expressed any opinion on the merits of the matter. The appellate authority shall decide the matter on its own merits. Writ petition is accordingly allowed. No order as to costs. ______________________ R. SUBHASH REDDY, J 16th August 2010 ajr