WRIT PET IT ION No. 20627 of 2001 · Andhra Pradesh High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
Cause title
Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: . T he Court made the following: Form-NIC-OGS/WP{SRAVAN} T HE HON'BLE SRI JUST ICE V.ESWARAIAH WRIT PET IT ION No.20627 of 2001
ORDER:
It is the case of the petitioners that the petitioner Nos.1 and 3 are the daughters and the 2nd petitioner is son of late Nalluri Gangadevi. It is stated that the petitioners herein and others are the legal heirs of Nalluri Ganga Devi and the said Nalluri Ganga Devi filed a revision before the Government against the orders of the Agent to Government in SRA.No.1/75 dated 03.08.1977 on
24.12.1977 and the Government said to have issued notices in Memo No.4680/F1/77-7 dated 04.02.1995 requiring the revision petitioner to adduce evidence, but the revision petitioner in fact died on 22.12.1994 i.e. even before issuance of the notices in the pending revision. It is further stated that the revision was dismissed in G.O.Rt.No.866, Social Welfare (F) Department, dated
30.08.1995, confirming the orders of the Agent to the Government, West Godavari District. It is stated that the petitioners being legal heirs were not aware about the pendency of the revision and no notice was issued to the petitioners, and therefore, the petitioners and others filed a review petition along with an application to condone the delay of 2400 days in filing the L.R.petition. The 1st respondent vide the impugned letter No.13467/LTR.1/2001-1, Social Welfare (LTR) Department, dated 13.09.2001 informed the Advocate of the petitioners that the revision cannot be heard for the second time with the legal heirs as the revision filed by their mother was already been rejected. Aggrieved by the same, the present writ petition has been filed. I have perused the records. I am of the opinion that the Government neither considered the application said to have been filed to condone the delay in filing L.R.petition or the review petition. The petitioners have filed material papers in proof of filing the review petition which is said to have been received on 17.08.2000 and the said review petition contains the CMP to condone the delay of 2400 days in filing the L.R.,petition and another petition to review the order of the Government in the said G.O.Rt.No.866, dated
30.08.1995. The impugned order is not specific with regard to consideration of the said applications. The order under impugned is accordingly set aside, remitting back to the 1st respondent to consider and dispose of afresh the application said to have been filed on 17.08.2001 to condone the delay in bringing L.Rs of the revision petitioner. The Writ Petition is, accordingly, allowed. No order as to costs. Dated: 07.08.2008 Dsr _____________________ V.ESWARAIAH,J .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of A.P., Rep. by its Secretary, Tribal Welfare Department Secretariat, Hyderabad. 2 The Agent to the Government-cum-District Collector Eluru, West Godavari District. 3 Revenue Divisional Officer-cum-Land Acquisition Officer Kovvur, West Godavari District. 4 2. 2CCs to
2CD copies
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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