Judgment

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 S. 5 of the Limitation Act, 1963 can be invoked for condoning the delay in the filing of an appeal before the Collector under S. 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 -Act 21 of 1950 (hereinafter called the Act).

2. The facts which have led up to the present controversy may now be briefly set out. The Revenue Divisional Officer, Adilabad declared the respondent-Tanaji to be the owner of an extent of 6 acres, 39 guntas comprised in Survey Nos. 289 and 290 of Hasnapur village under S. 38-E of the Act on the ground that he (the respondent) was a "protected tenant" Though an appeal lay to the Collector under S. 90 of the Act against the said order passed by the Revenue Divisional Officer the appellant land holder did not prefer an appeal but, instead, filed a Writ Petition - W. P. No. 2064 of 1976 before the High Court of Andhra Pradesh challenging the legality and correctness of t