when notice was not served - delay of 20 years is immaterial = No notice was served on the petitioner while cancelling his possession certificate under A.P. Telegana Area Tenancy and Agricultural Lands Act - Appeal after 20 years after coming to knowledge - joint collector dismissed - is in valid =
he filed an appeal before Joint Collector under Section 90(1) of Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act 1950, aggrieved by orders of Revenue Divisional Officer, Narayanpet dated 03.06.1980 by which previous ownership certificate issued in favour of the petitioner for land of Ac.2-27 gts in S.No.950 of Hasnabad village, Kodangal Mandal was illegally cancelled without notice to the petitioner and behind the back of the petitioner. If the impugned order was passed by the Revenue Divisional Officer without notice to the petitioner, any amount of delay, may be of twenty years, has got to be condoned, since the impugned order is per se illegal. Therefore, the Joint Collector should have made scrutiny of file No. C/2459/1980 of the Revenue Divisional Officer, Narayanpet after getting the said file, in order to find out whether the previous order dated 03.06.1980 was passed without notice to the petitioner. Without doing the said exercise, the Joint Collector should not have dismissed the appeal on the ground of there being delay of twenty years in filing the same.
| CRP 2752 / 2013 | CRPSR 23755 / 2012 |
|
THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Civil Revision Petition No.2752 of 2013
ORDER:
This revision petition is sought to be filed against order of Joint Collector, Mahboobnagar dismissing the appeal filed by the revision petitioner on the ground of delay of twenty years. The Joint Collector further observed that no substantial reasons were urged for condoning the said delay.
It is contented by the revision petitioner’s counsel that the order passed by the Joint Collector is without reason and superficial. It is the petitioner’s contention that he filed an appeal before Joint Collector under Section 90(1) of Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act 1950, aggrieved by orders of Revenue Divisional Officer, Narayanpet dated 03.06.1980 by which previous ownership certificate issued in favour of the petitioner for land of Ac.2-27 gts in S.No.950 of Hasnabad village, Kodangal Mandal was illegally cancelled without notice to the petitioner and behind the back of the petitioner. If the impugned order was passed by the Revenue Divisional Officer without notice to the petitioner, any amount of delay, may be of twenty years, has got to be condoned, since the impugned order is per se illegal. Therefore, the Joint Collector should have made scrutiny of file No. C/2459/1980 of the Revenue Divisional Officer, Narayanpet after getting the said file, in order to find out whether the previous order dated 03.06.1980 was passed without notice to the petitioner. Without doing the said exercise, the Joint Collector should not have dismissed the appeal on the ground of there being delay of twenty years in filing the same.
In the result, the revision petition is allowed setting aside order dated 09.12.2011 passed by the Joint Collector, Mahboobnagar and remitting back the matter to the file of the Joint Collector, Mahboobnagar for disposal of the same according to law after doing the exercise indicated in this order.
___________________
SAMUDRALA GOVINDARAJULU, J
24th July,2013.
Dv
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