The High Court of Andhra Pradesh dismissed an interim application seeking condonation of delay in preferring a writ appeal held without merit, and consequently dismissed the main appeal as well.
Condonation of delay refused; Writ Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE A.V. SESHA SAI
I.A. No.1 of 2023
IN/AND
W.A. No.762 of 2023
The Commissioner, State of A.P., Endowments, Gollapudi, Vijayawada, now N.T.R. District.
.. Appellant
Versus
Imadabathuni Rama Rao, S/o. Koteswara Rao, Aged 56 years, Occ : Agriculture, R/o. Ananthavarappadu, Vatticherukuru Mandal, Guntur District and twenty others
…Respondents
Dt.:29.08.2023
P.C:
I.A.No.1 of 2023 has been preferred seeking condonation of
1208 days delay in preferring the appeal against the judgment and order, dated 03.03.2020 passed in W.P. No.15349 of 2018.
explanation rendered is that the appeal came to be preferred along with an application seeking leave to file the appeal by one of the
HCJ & AVSS, J 2 WA_762_2023
parties affected by the judgment rendered in the aforementioned writ petition bearing No.15349 of 2018. In the application seeking leave to file the appeal, the applicant is stated to be one of the party respondents. It is stated that an affidavit had also been filed by the applicant in the said leave application, which finally was dismissed by the Court by virtue of the order, dated 10.05.2023. It is, therefore, stated that only after dismissal of the application seeking leave to prefer the appeal by the concerned party that the applicant herein thought it necessary to challenge the judgment and order, dated 03.03.2020 independently by virtue of the present application. It is also stated that in case the period between 15.03.2020 and 28.02.2022 was to be excluded on account of Covid-19 as per the directions of the Apex Court, there would be a delay of 396 days, which needs to be condoned.
HCJ & AVSS, J 3 WA_762_2023
affected parties, would not have given a bona fide reason to the applicant herein to feel confident about the success of the said applicant on merits in the appeal. There are no satisfactory grounds expressed in the application as to why the appeal was not filed independently by the applicant within the prescribed period of limitation.
DHIRAJ SINGH THAKUR, CJ A.V. SESHA SAI, J
AMD
HCJ & AVSS, J 4 WA_762_2023
HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE A.V. SESHA SAI
I.A. No.1 of 2023 IN/AND
W.A. No.762 of 2023
(per Dhiraj Singh Thakur, CJ)
Dt:29.08.2023
AMD
1 issue framed by the court
Whether the delay of approximately 1208 days in preferring the writ appeal can be condoned.
Commissioner, State of A.P., Endowments
Imadabathuni Rama Rao and others
Dhiraj Singh Thakur
A.V. Seshasai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
