THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA Writ Petition No. 29541 of 2010 DT.20.12.2010 Between: P Chandrakanth Babu and others … Petitioner And Government of A.P., & others … Respondent Counsel for the Petitioner: Sri G Bhaskar Counsel for respondent: GP for Revenue The Court made the following ORDER: THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA Writ Petition No. 29541 of 2010 ORDER: The assignment of land to an extent of Ac.1.96 cents in survey no. 563/1 in Kuntrapakam village, Tirupathi Rural Mandal, Chittoor district under DKT Patta No. 567/4/77 dated 22.2.1968 to the father of the petitioner was cancelled by the 4th respondent vide orders dated 17.9.2007. Against the aforementioned order, the petitioner filed an appeal belatedly with delay of more than three years before the third respondent. The petitioner raised a ground that he was ailing and was constantly under the treatment of 5th respondent and could not prefer an appeal in time. The application filed by the petitioner was however dismissed by the third respondent on the ground that the petitioner has participated in the enquiry. Against the orders passed by the third respondent, the petitioner has preferred this writ petition. Learned counsel for the petitioner submits that the petitioner was constantly under treatment of the 5th respondent as he was ailing, therefore he could not file appeal in time. The fact that the petitioner was under treatment of the 5th respondent has been admitted by the counsel appearing on behalf of 5th respondent. Although, there is substantial delay in filing an appeal by the petitioner before the 3rd respondent, nevertheless the petitioner was under constant treatment of 5th respondent, which has been admitted by the Doctor, therefore sufficient reasons have been made out to condone the delay. Resultantly, the writ petition is allowed and the orders passed by the Revenue Divisional Officer dated 29th Sept, 2010 are set aside and the matter is remitted back to the third respondent to decide the case of the petitioner afresh on merits. Accordingly, the writ petition is allowed. No costs. ____________________ ASHUTOSH MOHUNTA,J Date: 20.12.2010 Tvk THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA Writ Petition No. 29541 of 2010 DT.20.12.2010