GOPAL RAO EKBOTE, J.

( 1 ) IN this revision petition, the only question involved is as to whether the appeal filed by the petitioner before the Estates Abolition Tribunal was within time.

( 2 ) THE essential facts in order to resolve that problem are that in a suo motu enquiry by the Assistant Settlement Officer the parties filed application for the grant of a patta. Originally the Assistant Settlement Officer decided in favour of the petitioner and directed the grant of a patta under Section 11 (a) of the Act. Thereupon an appeal was filed before the Settlement Officer who allowing the appeal remanded the matter to the Assistant Settlement Officer. On remand, this time the Assistant Settlement Officer found that it is a Government waste land and consequently reached the conclusion that no patta can be granted to any one of the parties. The respondents therefore preferred an appeal to the Estates Abolition Tribunal under Section 15 of the Act whereas the petitioner preferred a revision before the Settlement Officer as he thought that the order is passed under Section 11 of the Act. The Settlement Officer dismissed the revision on 6-2-1960 holding that when the appeal is pending bef

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