HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No.10861 OF 2010 Dated 05-05-2010 Between: Smt. R.S.Gouri Vel and another …Petitioners Vs. The District Collector, Nellore District and others …Respondents HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No.10861 OF 2010 ORAL ORDER: Heard both sides. The 3rd respondent-Tahasildar, Sullurpet Mandal, Nellore District resumed the land of an extent of Ac.0.01 ½ cents in Sy.No.67/3 of Sullurupet Village and Mandal, Nellore District vide proceedings in R.C.A.No.307/09 dated 29-09-2009 on the ground that the house site was assigned in favour of Magatala Krishnamma vide patta R.C(B2) 129/76 dated 30-07-1979 but the said Magatala Krishnamm alienated the said land. A complaint was also filed in that regard before the Lok Ayukta. As the alienation was established a show cause notice was issued and resumption order was passed. Aggrieved by the said order, the petitioners herein filed an Appeal before the Revenue Divisional Officer -2nd respondent but the appellate authority dismissed the Appeal by an order dated 27-04-2010 on the ground that the Appeal has not been filed within the time stipulated. Being aggrieved by the said order, the petitioners have filed the present writ petition. It is the case of the petitioners that the order of the 3rd respondent was only served on 16-02-2010 and the Appeal was filed on 19-04-2010 and there was no much delay. Having regard to the facts of the case, as the delay in filing of the Appeal is very less, the order of the 2nd respondent-appellate authority is liable to be set aside. Accordingly the order of the 2nd respondent dated 27.04.2010 is set aside and the matter is remitted back to the 2nd respondent to reconsider and pass appropriate orders afresh in accordance with law. The writ petition is accordingly disposed of at the stage of admission. No costs. ______________ V. ESWARAIAH, J Date: 05-05-2010 TSNR