IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1339 OF 2014 DATED: 29-10-2014 Between:
Marri Pedda Malleshu … Appellant And The District Collector, Nizamabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1339 2014
JUDGMENT: (per Hon’ble Sri Justice Sanjay Kumar)
The unsuccessful petitioner in W.P. No.27750 of 2008 is the appellant. By order dated 22.12.2008, a learned Judge of this Court dismissed the said writ petition. The delay in the filing of this appeal having been condoned, the matter is coming up for consideration on merits.
The grievance of the petitioner in the writ petition was with regard to the order dated 06.10.2008 passed by the Joint Collector, Nizamabad, rejecting his revision under Section 4-B of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act of 1977’), on the ground of limitation. The claim of the petitioner was that he had filed a revision originally on 27.08.2005 and referring to the same, he had filed fresh grounds of revision on 13.08.2007. The learned Single Judge was however disinclined to accept this claim and held that the filing of the second revision itself showed that the earlier revision petition had not been filed in the year 2005.
The original revision petition filed in the year 2005 is now produced before us. It is pertinent to note that it bears the stamp of the Collector’s Office, Nizamabad, along with date 27/08/05. The revision petition filed by the appellant/petitioner in the year 2007 is also placed before us and it reflects that it specifically referred to the earlier revision filed on 27.08.2005.
The learned Single Judge did not verify the record to ascertain as to whether the revision filed in the year 2005 was available in the file. In that view of the matter, we are of the opinion that the valuable statutory right of revision available to the petitioner under the provisions of the Act of 1977 ought not to be denied on the ground that the 2007 revision petition was barred by limitation. Admittedly, if the revision of 2005 is taken into account, the revision would be within time and limitation would not bar the same.
We therefore set aside the order under appeal. The writ appeal is accordingly allowed. The Joint Collector, Nizamabad, shall consider the revision filed by the petitioner which was presented in the Collector’s Office on 27.08.2005 along with subsequent grounds which were filed on 13.08.2007 and decide the same in accordance with law after giving due opportunity of hearing to the appellant/petitioner. In the event, the aforestated revision petitions are not available on record, the Joint Collector, Nizamabad, shall call upon the appellant/petitioner to furnish copies of the same and take action thereupon as stated supra. This exercise shall be completed expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 29-10-2014 Svv