HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13501 of 2010 Date: March 22, 2011 Between: S. Venkatramana Reddy … Petitioner And 1.The Chief Commissioner of Land Administration, Government of A.P., (Appellate Authority), Hyderabad & 3 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13501 of 2010 ORDER: Aggrieved by the Order dated 04.4.2009 passed by the Chief Commissioner of Land Administration, Andhra Pradesh (hereinafter referred to as ‘CCLA’ for the purpose of convenience), stating that he could not entertain the petitioner’s appeal against the order dated 06.12.2008 of the Joint Collector and Additional District Magistrate, Chittoor, the petitioner filed the present case. 2. The order dated 06.12.2008 passed by the Joint Collector and Additional District Magistrate, Chittoor, reflects that it was passed in exercise of powers under Board Standing Order (BSO) No.15 (18)(1). While directing the cancellation of the assignment in favour of the petitioner’s father, the said authority stated that an appeal would lie against the said order to the CCLA. The CCLA, being of the opinion that there was no provision for filing an appeal/revision before him under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, returned the appeal to the petitioner under Order dated 04.4.2009. 3. BSO No.15 (18)(1) provides that the Collector, upon being satisfied that there was a material irregularity in the assignment, can cancel or in any way modify the decision passed by the officer subordinate to him in this regard. Under BSO No.15(18)(2), the Commissioner of Land Revenue is given the power to entertain a revision either suo motu or on an application, against the order of the Collector under BSO No.15(18)(1). It is only thereafter that a further revision would lie to the State Government under BSO No.15 (18)(3). The CCLA appears to have been completely ignorant of the fact that the order passed by the Joint Collector, Chittoor, was in exercise of powers under BSO No.15(18)(1) and not under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. His advice to the petitioner that he should approach the government is therefore opposed to the hierarchy of statutory remedies provided under BSO No.15 (18). The Joint Collector, Chittoor, rightly indicated that his order was subject to correction by the CCLA. Ignorant of his power under BSO No.15 (18)(2) to entertain such a revision, the CCLA rejected the petitioner’s case. It may be noted that the mere erroneous nomenclature of the proceeding as an appeal would not have effect of wiping out the power of the CCLA under BSO No.15 (18)(2) to treat the same as a revision. 4. The writ petition is accordingly allowed, directing the Chief Commissioner of Land Administration, Andhra Pradesh, to entertain the petitioner’s revision against the order dated 06.12.2008 passed by the Joint Collector, Chittoor, and dispose of the same in accordance with law. In the circumstances, there shall be no order as to costs. ___________________ SANJAY KUMAR, J Date: March 22, 2011. Note: Issue CC by one week. //B.O.// BSB