Dismissed

Bobbala Sambasiva Rao, Guntur District v. Prl Secy, Stamps and Regn Dept, Hyderabad and 5 Others

Andhra Pradesh HC20 Dec 2021WP/85/2014

Case brief

AI extract

What is this about?

The court granted liberty to the petitioner to file an appeal under Section 70 of the Chit Funds Act, 1982, against the impugned award, within four weeks. The appropriate authority was directed to dispose of the appeal expeditiously within six months, maintaining the existing stay pending disposal.

What did the court decide?

Liberty granted to file appeal under Section 70 of Chit Funds Act, 1982, within four weeks; stay on impugned award extended pending appeal disposal within six months.

Bobbala Sambasiva Rao, Guntur District… — Civil Procedure and Limitation | Andhra Pradesh HC (2021)

¶1

HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

¶2

Writ Petition No.85 of 2014

¶3

ORDER :

¶4

This writ petition is filed questioning the action of the 2^nd respondent in passing the impugned award dated 30.07.2013 made in Dispute No.116/2012 without deciding the ex-parte set aside petition filed by the petitioner, as illegal and arbitrary.

¶5

Case of the petitioner is that, he was set ex-parte on 04.12.2012 and he filed a petition to set aside the ex-parte order; but without passing any orders thereon, the 2^nd respondent passed the impugned award on 30.07.2013. Challenging the same present writ petition is filed.

¶6

Learned counsel for the petitioner submits that at the time of filing of the writ petition, as there is no appellate authority, the writ petition was filed and now there is an appeal provided against the decision of the Registrar under Section 70 of the Chit Funds Act, 1982 (for short ‘the Act’) and that permission may be granted to the petitioner to file an appeal under Section 70 of the Act before the 1^st respondent/appropriate authority.

¶7

When the writ petition came up for admission, on 03.01.2014 an interim order has been passed staying the impugned award.

¶8

In view of the facts and circumstances, liberty is granted to the petitioner to file an appeal challenging the impugned award before the appropriate authority/Government within four (4) weeks from the date of receipt of a copy of this order. If such an appeal is filed by the petitioner within the time stipulated above before the appropriate authority/ government, the appropriate authority is directed to deal with the same and pass appropriate orders thereon strictly in accordance with law, as

¶9

expeditiously as possible, preferably within a period of six (6) months from the date of filing of the appeal. As an interim order has been granted by this court pending the writ petition, there shall be stay of impugned award dated 30.07.2013 pending disposal of the appeal before the appropriate authority.

¶10

The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

¶11

__________________________ KONGARA VIJAYA LAKSHMI, J

¶12

Date: 20.12.2021 BSS

¶13

HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

¶14

Writ Petition No.85 of 2014

¶15

¶16

Date: 20.12.2021

¶17

BSS

Bobbala Sambasiva Rao, Guntur District v. Prl Secy, Stamps and Regn Dept, Hyderabad and 5 Others

Case brief

What is this about?

What did the court decide?

Bobbala Sambasiva Rao, Guntur District v. Prl Secy, Stamps and Regn Dept, Hyderabad and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M Agro CAH3EW Vs Prl.Secretary ( Agriculutre) and 5 Others

Leburu Chandra Sekhar Reddy Vs The State of Andhra Pradesh

Nagulapalli Venkata Laxmi, Vs Sri Gopal Krishna Dwivedi, I.A.S

Akula Pardhasaradhi Vs State of Andhra Pradesh

The Kavuru Yerukula Fishermen Cooperative Society, Vs State of Andhra Pradesh

Uddaraju Venkatakrishnam Raju Vs The State of Andhra Pradesh