M BALAKRISHNA Vs. SADANAPALLI MARIAMMA

JUDGEMENT

(1.) Whether the period of limitation has to be reckoned from the date of order or the date of knowledge of the order in the writ petition, for computing the period of limitation under Rule 51 (1) of the Appellate Side Rules in preferring the Writ Appeal is the point that falls for consideration in pursuance of the objections raised by the Office. It will be convenient to refer to the facts, which are relevant before adverting to the point for consideration.

(2.) R-1 herein preferred the writ petition No. 14318 of 91 praying for issue of a writ or order or direction more particularly one in the nature of writ of mandamus directing respondents 1 to 3 in the writ petition (R-2 to R-4 herein) to grant patta in respect of Nine cents of land occupied by the writ petitioner in which he constructed a hut bearing Municipal No.11-2-22 in 'B' Ward with assessment No. 1 577of the Gram Panchayat, Bhadrachalam, Khammam District. The appellant herein is impleaded as R-4 in the said writ petition. Even at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for R-1 to R-3 in the writ petition (R-2 to R-4 herein), the learned Single Judge disposed of the writ petition with the following direction :

(3.) The order in the writ petition is dated 19-11-1991, while the Memorandum of Appeal was presented on 18-1-1992. The Appeal was thus presented beyond 30 days from the date of the order in the writ petition. Rule 51 (1) of the Appellate Side Rules (for short the 'Rules') of this Court provides the period of limitation as thirty days from the date of judgment, decree or order for the appeal to be preferred under clause 15 of the Letters Patent Appeal. The Writ Appeal is an appeal preferred under the aforementioned clause. Rule 51 (1) of the Rules of this Court reads as under: