THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.13013 OF 2003 Dated: 29th FEBRUARY, 2008. Between : Kalluri Ramakrishna Reddy … Petitioner And 1. The Government of Andhra Pradesh, rep. by Its Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.13013 OF 2003 ORDER : The petitioner herein claims to be an ex-service man. By proceedings dated 29.11.1998, passed by the Revenue Divisional Officer, Gurramkonda Mandal, the petitioner herein was granted permission to plant fruit bearing trees in Sy.Nos.112, 55 and 113 of Settivaripalle Village under Board Standing Orders (BSO)-19 (b) w.e.f. Fasli 1408 for a period of 20 years. The petitioner claims that pursuant to the said lease granted, he had raised fruit bearing trees. While so, the respondents 5 to 9 herein appear to have filed an appeal before the Sub-Collector, Madanapalle on 24.5.2003 challenging the proceedings dated 29.11.1998. The Sub-collector, Madanapalle by order dated 21.6.2003, having allowed the said appeal, set aside the order of the Mandal Revenue Officer, dated 29.11.1998. Challenging the said order, the present writ petition has been filed. I have heard the learned counsel for both the parties and perused the material on record. It is primarily contended by the learned counsel for the petitioner that the appeal preferred by the respondents 5 to 9 was barred by limitation. It is also contended that no proper opportunity was given to the petitioner to file his counter and contest the appeal and therefore on that ground also the impugned order, being in violation of the principles of natural justice, is liable to be set aside. Though detailed counter-affidavits have been filed by the respondents 5 to 9 as well as the respondents 1 to 4 justifying the impugned order dated 21.6.2003 on merits, from the material on record this Court is satisfied that the petitioner was not afforded a reasonable opportunity to contest the appeal preferred by the respondents 5 to 9. At the outset, it is to be noted that the appeal was preferred by the respondents 5 to 9 on 24.5.2003 and the same was allowed within one month on 21.6.2003 on the basis of a report said to have been received from the Mandal Revenue Officer, Gurramkonda. It is surprising that the said report was submitted by the Mandal Revenue Officer on 22.5.2003 i.e., even before the presentation of the appeal by the respondents 5 to 9. Having regard to the totality of the facts and circumstances of the case, I am of the opinion that the impugned order is violative of the principles of natural justice and therefore liable to be set aside on that ground alone. Accordingly, without expressing any opinion on merits, the order dated 21.6.2003 is set aside and the Writ Petition is disposed of granting liberty to the petitioner herein to file his counter along with supporting documents raising all objections as available under law, including limitation, before the Sub-Collector, Madanapalle within a period of six (6) weeks from today. On such filing, the Sub-Collector shall issue notice of hearing to the petitioner as well as the respondents 5 to 9 and after hearing them pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of either (8) weeks thereafter. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt.29–02-2008 gbs