CH PAPA NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In the present Writ Petition, the Petitioner assails G.O.Ms.No.193 (Revenue) dated 15-2-1992.

(2.) The facts leading to the case are that the Petitioner was assigned the land having an extent of Ac.2-30 cents in S.No.421/7 of Siddivaram village on 31-7-1980. It appears that at the instance of the 6th Respondent the Sub- Collector,Madanapalle, the 4th Respondent herein passed an order on 30-6-1991 reserving the land which is allotted to the Petitioner for communal purposes. Against the said order, the Petitioner filed an appeal to the Joint Collector. At the time of admission, the Joint Collector granted suspension of the order of the Sub-Collector on 1-8-1981/however stay was vacated on 12-5-1982. Thereafter the Petitioner filed an appeal before the Commissioner for Land Revenue, the 2nd Respondent herein and the same was rejected on 14-10-1984, thereafter the Petitioner filed the Revision to the Government challenging the order of the Commissioner for Land Revenue. The Petitioner has been attending to the matter and when notice issued by the Government, however, it appears that the case was posted on 18-1-1992 for which, a notice was directed to be issued by the Mandal Revenue Officer, Peddamandyam. However, the said Mandal Revenue Officer issued notice on 14-1-1992 informing that the Revision filed before the Government is posted on 18-1-1992 at 11 A.M., the said notice was served on the Petitioner on 17-1-1992. The Petitioner submitted that he is not in a position to attend the revision proceedings before the 1st Respondent, at Hyderabad, as he cannot reach Hyderabad within time to attend the revision proceedings. The 1st Respondent passed orders in G.O.Ms. No. 193 (Revenue) dated 15-2-1992 dismissing the Revision on the ground that the Petitioner was not present. In para 8 of the said G.O.,it is stated that the Revision came for hearing on 18-1-1992, both Petitioner and the respondent are absent and therefore the 1st Respondent perused the records and passed the orders dismissing the revision. Consequently he vacated the status quo order issued earlier while admitting the Revision.

(3.) The Government have not filed any counter.