Partly allowed

Konala Saheb Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC10 Mar 2023WP/5586/2023

Case brief

AI extract

What is this about?

This Court dismissed the Writ Petition as withdrawn with liberty to approach the appropriate forum. It directed the A.P Cooperative Tribunal to dispose of an Application for condonation of delay within three weeks.

What did the court decide?

Writ Petition dismissed as withdrawn. Direction to A.P Cooperative Tribunal to dispose of relevant application within three weeks.

Konala Saheb Reddy Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2023)

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HON'BLE Mr. JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION No. 5586 OF 2023

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ORAL ORDER:

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Heard Sri Chandra Sekhar Ilapakurti, learned Counsel for the Writ Petitioner; Sri P. Vara Prasada Rao, learned Assistant Government Pleader for Respondent No.1 to 3 and Sri S. Vijaya Kumar, learned Counsel for Respondent No.4.

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Learned Counsel for the Writ Petitioner seeks to withdrawn the present Writ Petition with a liberty to approach the appropriate Forum/Tribunal by seeking proper relief. After considering the matter, this Court deems it appropriate to grant the request made by the Writ Petitioner. This Writ Petition is dismissed as withdrawn with a liberty to the Writ Petitioner to approach the proper Forum by appropriate Proceedings.

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It is also brought to the notice of this Court that as against the Order passed by the primary Authority dated 20.07.2018, the Appeal has been filed by the Writ Petitioner on 08.04.2019 with an Application for condonation of delay bearing M.P.No.56 of 2019 in S.R.No.65 of 2019. It is his submission that since the M.P.No.56 of 2019 that was filed seeking condonation of delay has not been considered by the Appellate Tribunal, Writ Petitioner is unable to seek any other relief in the light of the fact that the fate of the Appeal is hanging in a state

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of limbo before the A.P Co-operative Tribunal, Vijayawada since April, 2019.

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Prima-facie this Court is of the opinion that the conduct on the part of the Tribunal in keeping the Appeal pending without considering the Application for condonation of delay since 2019, is not in consonance with the letter and spirit of the provisions of the Andhra Pradesh Co-operative Societies Act and Rules.

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In this view of the matter, there ‘shall’ be direction to the A.P Cooperative Tribunal, Vijayawada to dispose of the M.P.No.56 of 2019 in S.R.No.65 of 2019 within a period of three weeks from the date of submission of the copy of this Order. The A.P Cooperative Tribunal, Vijayawada, is at liberty to dispose of the Application on its own merits which would eventually decide the status of the pending Appeal (S.R.No.65 of 2019). The Writ Petitioner is also at liberty to file any other Miscellaneous or Interlocutory Application seeking any other relief during the pendency of M.P.No.56 of 2019. In the event that any other Miscellaneous or Interlocutory Application is filed, the A.P Cooperative Tribunal, Vijayawada is at liberty to consider the M.P.No.56 of 2019 with any other M.P purely on merits and as per law expeditiously within three weeks from the date of submission of this Order.

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Writ Petitioner is directed to submit a copy of this

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Order to the A.P Cooperative Tribunal, Vijayawada within one week from today.

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With the above direction, this Writ Petition is dismissed as withdrawn with a liberty to approach the appropriate Forum/Tribunal by seeking proper relief. There shall be no Order as to costs.

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Interlocutory Applications, if any, stand disposed of in

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terms of this Order. It is clarified that this Court has not expressed anything on the merits of the case.

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________________________________ (G. RAMAKRISHNA PRASAD, J)

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Dt: 10.03.2023

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Note: Issue C.C by 14.03.2023 B/O JKS

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HON'BLE Mr. JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION No. 5586 OF 2023

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10.03.2023

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Note: Issue C.C by 14.03.2023. B/O JKS

Konala Saheb Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Konala Saheb Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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