IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8622 of 2008 Between: S.Rajeshekar Reddy S/o.late Rami Reddy R/o.Munneli(V) B.Kodur(M) Kadapa Dist ..... PETITIONER AND 1 The Dist Collector Kadapa,Kadapa Dist 2 The Revenue Divisional Officer Rajampet Kadapa Dist 3 The Tahsildar B.Mattam (M) Kadapa Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not disposing of the stay application field on 20-2- 2008 in respect of the extent of land admeasuring acres 4-54 cents in Sy.No.725 situated at Venkatapuram(V) B.Mattam of Kadapa Dist in the year 1981 vide patta D.K.T.No.78/91 as illegal arbitrary and against the principles of natural justice and consequently direct the 3rd respondent not to dispossess the petitioner from the extent of land admeasuring acres 4-54 cents in Sy.No.725 situated at Venkatapuram(V) B.Mattam of Kadapa Dist in the year 1981 vide patta DK.T.No.78/91 pending disposal of the appeal field before the 1st respondent and to pass Counsel for the Petitioner: MR.Y.ASHOK RAJ Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8622 of 2008 O R D E R: Admittedly, the petitioner was assignee of an extent of Ac.4.54 in Sy.No.725, situated at Venkatapuram village, B.Matam Mandal, Rajampet Division, Kadapa District, for the purpose of agriculture. While so, it is stated that without issuing any notice and without giving any reasonable opportunity, the said assignment was cancelled under the Board Standing Orders by the 2nd respondent-Revenue Divisional Officer, by proceedings dated 14.02.2006. It is stated that though the impugned order goes to show that a notice has been given, but in fact no notice or any opportunity of hearing was given prior to issuance of the impugned order. It is stated that sicne there was some threat of dispossession of the petitioner from the lands in question without even serving the order of the 2nd respondent- Revenue Divisional Officer, dated 14.02.2006, setting aside the entries in the revenue records and even without canceling the assignment, the petitioner filed an application before the 2nd respondent-Revenue Divisional Officer requesting him to furnish the copy of the order dated 14.02.2006 under Right to Information Act. Accordingly, the 2nd respondent-Revenue Divisional Officer furnished the said copy of the impugned order only on 19.02.2008, and immediately the petitioner filed an appeal before the 1st respondent-District Collector, Kadapa on 20.02.2008 along with an application for grant of stay. However, as there was no delay in approaching the appellate authority from the date receipt of the order, but the 1st respondent-District Collector calculated delay from the date of the order passed by the 2nd respondent-Revenue Divisional Officer, and hence an application to condone the delay was also filed. Under the above circumstances, I am of the opinion that the impugned order was not communicated to the petitioner in time and there was no proof of service of such order on the petitioner. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, with a direction to the 1st respondent-District Collector to entertain the appeal, if any filed by the petitioner on 20.02.2008, by condoning the delay, and consider and dispose of the same, in accordance with law, after giving a reasonable opportunity of hearing the petitioner, as expeditiously as possible. Pending disposal of the said appeal, status quo, existing as on today with regard to possession as well as entries in the revenue records, shall be maintained. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 19.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist Collector Kadapa,Kadapa Dist 2 The Revenue Divisional Officer Rajampet Kadapa Dist 3 The Tahsildar B.Mattam (M) Kadapa Dist 3.2CCs to 4.2CD copies