State sought condonation of 224-day delay in filing writ appeal against a land compensation order. The bench found no plausible explanation for the delay and noted that the affected patta holder had not challenged the judgment herself. The delay petition and writ appeal were both dismissed.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTI
AND
HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO
IA.No.1 of 2023
IN/AND
WRIT APPEAL NO: 1301 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the order dated. 14.03.2023 in WP No.35588 of 2018 on the file of the High Court.
Between:
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition, A.P. Secretariat, Velagapudi, Guntur District.
...Appellants
AND
(R2 is not necessary party )
...Respondents
lA NO: 1 OF 2023
Petition under Section 5 of Limitation Act prayingthatinthecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 224 days in filing the above writ Appeal against the orders dated. 14.03.2023 in WP No.35588 of 2018.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of impugned order dated. 14.03.2023in WP.No.35588of 2018 pending disposal of the writ appeal.
Counsel for the Appellants: GP FOR LAND ACQUISITION Counsel for the Respondent No.1: SRI V VINOD K REDDY Counsel for the Respondent No.2: The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO
I.A.No.1 Of 2023 in/and W.A.No.1301 of 2025
The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition, A.P Secretariat, Velagapudi, Guntur District & three others.
... Apphcants
Versus
T. Kailash, S/o. Ramanaiah, Aged about 37 years, R/o.V.K.R.Y.Colony, Chinnapanduru Village, Vardaiahpalem Mandal, Chittoor District &? another.
.. Respondents
Mr. Vamsi Krishna, learned AGP appearing vice learned Government Pleader for Land Acquisition, counsel for the apphcants.
Mr. V. Vinod K. Reddy, counsel for respondent No.l.
Dt.:15.02.2024
P.C:
I.A.No.1 of 2023 has been filed seeking condonationof224 days delay in preferring the appeal against the judgmentandorder. dated 14.03.2023 passed in WP.No.35588 of 2018.
The appeal was filed on 16.12.2023.
2
HCJ & RRR, J WA 1301 2023
- We do not find any plausible explanation rendered by the applicants for condoning the delay. All that isstatedinthe application is that the writ petition had been filed by the petitioner even when he had separated from his wife long back.Thewrit petition was filed seeking compensation in regard tothelandwhich stood in the name of his wife, who was a DKT patta holder. It is only when the wife of the petitioner had approached the applicants that the aforementioned fraud came to light.
However, from the record it appears that the issue with regard to the right and entitlement of the petitionerinthewrit petition has been gone into by the learned single Judge and a similar objection had been raised in the counter affidavit filed by the State in the writ proceedings.
In any case, this is a typical case of being more loyaltothe king than the king himself as the person whose case the applicants is espousing being the wife of the petitioner has not challenged the judgment and order impugned in any proceedings.
t
3
HCJ & RRR, J WA 1301 2023
rendered for getting the delay condoned.
dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall standclosed. Sd/- V.DIWAKAR DEPUTY, REGISTRAR //TRUE COPY// SEcVlDNO^ICER
To,
' HIGH COURT
DATED:13/02/2024
ORDER
WA.No.1301 of 2023
DISMISSING THE WRIT APPEAL WITHOUT COSTS
1 issue framed by the court
Whether the 224-day delay in filing the writ appeal should be condoned?
2 provisions across 2 enactments
The State of Andhra Pradesh, Rep. by its Principal Secretary, Land Acquisition
The District Collector, Chittoor
The Sub Collector, Tirupati
The Tahsildar, Vardaiahpalem Mandal, Chittoor District
T Kailash
Andhra Pradesh Industrial Infrastructure Corporation
Dhiraj Singh Thakur
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
