Andhra High Court High Court

Kilparthy Pandu Rangaswamy And … vs The Commissioner, Survey, … on 17 June, 1996

Andhra High Court
Kilparthy Pandu Rangaswamy And … vs The Commissioner, Survey, … on 17 June, 1996
Equivalent citations: 1996 (4) ALT 471
Author: T Rangarajan
Bench: T Rangarajan


ORDER

T.N.C. Rangarajan, J.

1. This writ petition is directed against the order to the Commissioner of Survey, Settlements and Land Records, Hyderabad dated 12-8-91 dismissing the review petition on the ground that the 1st respondent has no power to review his own order under A.P. Regulation 2/70. It has been brought to my notice by the learned counsel for the petitioner that the Code of Civil Procedure applies to the proceedings under Rule 10 of the Rules framed under Regulation 2/70; consequently the provisions of one Section 114 of the Code of Civil Procedure are attracted. The review petition, was therefore, clearly maintainable. This perhaps is the reason why none has appeared to defend the 35 impugned order. The Impugned order is therefore set aside and the matter is restored to the file of the Commissioner of Survey, Settlement and Land Records, Hyderabad for making a fresh order on merits.

2. The writ petition is allowed. No costs.