IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26041 of 2008 Between: P. Nagaiah, S/o. Late Narsaiah, R/o. Meerpet (V), Saroornagar (M), Ranga Reddy District. ..... PETITIONER AND 1 The Joint Collector, Ranga Reddy District, District Collectorate at Lakdikapul, Hyderabad. 2 V. Bikshapathy Reddy, S/o. Late V. Ramachandra Reddy, R/o.Jayanagar Colony, Saidabad, Hyderabad. Respondent No.2 is formal party to this Petition. .....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 Writ, order or direction more in the nature of Writof Mandamus declaring the action of the 1st respondent in issuing the impugned Memo bearing No. F2/5654/06 dt. 4-11-2008 rejecting the re-opening petition filed by the petitioner without assingning reasons as contemplated under the law and consequently direct the respondent No.1 to reopen the case No. F2/5654/06 before the 1st respondent to hear the arguments of the petitioner Counsel for the Petitioner:MR.S.TULASI DAS Counsel for the Respondent No.1: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26041 of 2008 ORDER: The petitioner is allegedly legal heir of a protected tenant in respect of land comprised in survey Nos.50, 86 and 87 situated at Meerpet Village, Saroornagar Mandal, Ranga Reddy District. He obtained a tenancy certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (the Act, for brevity). Aggrieved by the same second respondent herein preferred an appeal under Section 90 of the Act before first respondent. By order dated 09.09.2008 the appeal was allowed, and tenancy certificate and related proceedings of RDO were set aside. It appears that apprehending a writ petition by petitioner, second respondent filed a caveat petition before this Court. In the meanwhile petitioner filed an application on 26.09.2008 to first respondent to reopen the appeal. The matter was not entertained by first respondent observing as under on 04.11.2008. The petition filed for re-opening of the case in file No.F2/5456/2008 against the orders of this Court Dt:09-09- 2008, has been rejected as this Court has already passed the order and the Appellant in the said case has filed the caveat petition before the Hon’ble High Court and the same has been received by the present petitioner. The above order dated 04.11.2008 is assailed in this writ petition as vitiated by irrelevant considerations. This Court directed learned Assistant Government Pleader for Revenue to get instructions in the matter. Second respondent is also represented by duly instructed counsel. After hearing learned counsel for petitioner and learned counsel for respondents, this Court is convinced that the decision making process involved in impugned order is vitiated by non-consideration of relevant grounds. The factum of an aggrieved person filing a caveat petition in a higher Court by itself cannot be a ground for not exercising power to reopen the matter when such power vested in the authority. Whether Joint Collector has power or not is a question gone into by himself. At this stage no opinion can be expressed. Impugned order dated 04.11.2008 is set aside. The matter is remitted to first respondent with a direction to consider the application of the petitioner dated 26.09.2008 for reopening the appeal and pass appropriate orders with reasons duly communicating the order to petitioner. This exercise may be completed within a period of four weeks from the date of receipt of a copy of this order. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 03rd December, 2008 Note: Issue CC by 05.12.2008. (B/o) GHN To 1 The Joint Collector, Ranga Reddy District, District Collectorate at Lakdikapul, Hyderabad. 1.2CCs to GP for Revenue 2.2CD copies Form-NIC-OGS/WP{SPJS}