HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15654 of 2008 Date : 21.07.2011 Between : D. Ramchander Singh. …..Petitioner And The Joint Collector, Ranga Reddy District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15654 of 2008 ORDER: Though interlocutory matters are listed for hearing, at the request of learned counsel for the parties, the writ petition itself is heard and is being disposed of. This writ petition is filed, challenging the order, dated 05.05.2006, passed by Joint Collector-I, Ranga Reddy District, in Case No.F1/6907/97. By the aforesaid order, the appeal filed by the petitioner herein under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, is dismissed for non-prosecution, without going into merits. In the said order, it is stated that though three opportunities were given to the appellant and his counsel, they have not shown any interest in the case, and were absent. It is the case of the petitioner that the aforesaid appeal is filed aggrieved by the orders of the primary authority i.e. the Revenue Divisional Officer, Chevella Division, granting occupancy certificate in respect of the land covered by Sy.Nos.131 and 132, admeasuring Ac.12.25 gts., situated at Janwada village of Shankerpally Mandal in Ranga Reddy District. It is the case of the petitioner that on the date of hearing, the counsel appearing for petitioner was held up in Ranga Reddy Court, and by the time he reached the appellate Tribunal, order was passed by the learned Joint Collector. It is further stated that the matter was listed for hearing on 21.04.2006, and was dismissed for default, and that on the very same date, an application was also filed by the counsel appearing for the appellant to restore the appeal to its original number by setting aside the order dated 21.04.2006. On the other hand, it is submitted by the learned Government Pleader and also Sri Kanakamedala Ravindra Kumar, appearing for respondents that the repeated opportunities given to the petitioner were not availed of, and hence, there is no ground to assail the impugned order passed by the Joint Collector. The dispute relates to issuance of occupancy rights with regard to the land admeasuring Ac.12.25 gts., covered by Sy.Nos.131 and 132, situated at Janwada village of Shankerpally Mandal in Ranga Reddy District. While it is true that the appellant was not present when the matter was called, the appellate authority should have disposed of the matter on merits, even in the absence of learned counsel for appellant and also the appellant. In any event, it is also to be noticed that when the matter was called on 21.04.2006 and was dismissed for non- prosecution, on the very same day, an application was filed to restore the appeal. Keeping in mind the nature of dispute to be resolved in the appeal, which is with regard to grant of occupancy rights in respect of valuable land admeasuring Ac.12.25 gts., and further, as the application for restoration of appeal was filed on 21.04.2006 itself, I deem it is a fit case to set aside the order of the appellate authority and remit the matter for fresh consideration, with a direction to the learned Joint Collector to dispose of the appeal on merits. For the aforesaid reasons, the order, dated 05.05.2006, passed in Appeal No.F1/6907/97, is set aside and the matter is remanded to the learned Joint Collector- I, Ranga Reddy District, with a direction to dispose of the matter afresh, as expeditiously as possible, preferably within a period of four months from today, by issuing notice and giving opportunity of hearing to both the parties. Writ petition is allowed subject to the above directions. No costs. _____________________ R.SUBHASH REDDY, J 21st July 2011 ajr