2064 of 1976 before the High Court of Andhra Pradesh challenging the legality and companyrectness of the order passed by the Revenue Divisional Officer.
v. K.Venkateswara Rao Anr.
Writ Appeal No.385 of 1976 filed against the decision of the learned Single Judge was subsequently dismissed by a Division Bench of the High Court on December 6, 1976.
Long thereafter, on August 22, 1978, the appellant preferred an appeal before the District Collector purporting to be one filed against the order dated January 22, 1975 passed by the Revenue Divisional Officer together with an application for companydonation of delay under section 5 of the Limitation Act.
That application and the appeal were opposed by the respondent herein.
By the judgment impugned in this appeal, the learned Single Judge of the High Court allowed that revision petition holding that the Collector had numberjurisdiction to companydone the delay in the filing of the appeal by invoking section 5 of the Limitation Act following an earlier ruling of a Division Bench of the same High Court reported in K.Venkaiah Ors.
The respondent Tanaji thereupon moved the High Court by filing a revision petition under section 91 of the Act.
From the Judgment and Order dated 12.4.1978 of the Andhra Pradesh High Court in Civil Revision Petition No.
But his objections were overruled, the delay was companydoned and the appeal was allowed by the Collector on October 24, 1977.
S. Krishnamurthi Iyer, K. Ram Kumar and Mrs. J. Ramachandran for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Markandeya for the Respondent.
The Judgment of the Court was delivered by BALAKRISHNA ERADI, J. In this appeal filed by special leave granted by this Court against the judgment dated April 12, 1978 of a learned Single Judge of the High Court of Andhra Pradesh, the sole question arising for decision is whether the provisions of section 5 of the Limitation Act, 1963 can be invoked for companydoning the delay in the filing of an appeal before the Collector under section 90 of the Andhra Pradesh Telangana Area Tenancy and Agricultural Lands Act, 1950 Act 21 of 1950 hereinafter called the Act .
That Writ Petition was dismissed by a learned Single Judge of the High Court on July 1, 1976.
3289 of 1977.
Though an appeal lay to the Collector under section 90 of the Act against the said order passed by the Revenue Divisional Officer the appellant land holder did number prefer an appeal but, instead, filed a Writ Petition W.P.No.
289 and 290 of Hasnapur village under section 38 E of the Act on the ground that he the respondent was a protected tenant.
The Revenue Divisional Officer, Adilabad declared the respondent Tanaji to be the owner of an extent of 6 acres, 39 guntas companyprised in Survey Nos.
The facts which have led up to the present companytroversy may number be briefly set out.
1852 of 1979.
