THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1366 of 2010 ORDER: The petitioner was assigned an extent of Ac.2.00 of land in Survey No.327 of Mancherial Village, Adilabad District in November 1997. Alleging that the petitioner has violated the conditions of assignment by not cultivating the land and plotting it for house sites, the Tahsildar, 1st respondent herein issued show a cause notice dated 26.06.2009 requiring him to explain as to why the assignment be not cancelled. Stating that the petitioner did not submit explanation within the stipulated time, the 1st respondent passed an order dated 26.08.2009 directing canelllation of pattas. The same is challenged in this writ petition. Learned counsel for the petitioner submits that his client suffered bereavement in the family in the month of June 2009 and in that view of the matter, the explanation could not be submitted. He contends that the 1st respondent did not record any finding as to any specific violation and straight away passed an ex parte order. Learned Government Pleader for Assignment on the other hand submits that the petitioner has an alternative remedy by way of appeal before the Revenue Divisional Officer and that he can avail that remedy. It is also urged that since the petitioner did not submit explanation, the 1st respondent had no alternative except to pass the impugned order. Several contentions are urged on behalf of the petitioner. It is however not disputed that the petitioner has an alternative remedy by way of appeal against the impugned order. The appellate authority would be in a better position to appreciate the matter from different points of view. Even if the petitioner was prevented from submitting the explanation on account of bereavement, he can submit explanation at this stage also before the appellate authority, who, in turn, can take the same into account. Since the powers of an appellate authority are wide enough, the rights of the petitioner can be determined by him or if the situation warrants, the matter can be remanded to the 1st respondent for fresh consideration and disposal. The interests of the petitioner can be protected by directing maintenance of status quo in respect of land during the pendency of the appeal. Therefore, the writ petition is disposed of directing that it shall be open to the petitioner to prefer an appeal before the Revenue Divisional Officer under Section 166- B of the A.P. (Telangana Area) Land Revenue Act within four weeks from today. If the appeal is filed within that time, the same shall be entertained without raising any objection as to limitation and status quo obtaining as on today shall be maintained till the disposal of the appeal. There shall be no order as to costs. _________ 29.01.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1366 of 2010 Date: 29.01.2010 JSU