Dismissed

The District Collector v. Kayala Sreenivasulu

Andhra Pradesh HC1 Apr 2024WA/919/2023

Case brief

AI extract

What is this about?

Writ appeal filed with a 543-day delay, explained only vaguely by reference to the bifurcation of Chittoor District into Chittoor and Tirupati Districts. Finding no satisfactory explanation for the period between the bifurcation in April 2022 and filing in August 2023, the Court dismissed the delay-condonation application and consequently the writ appeal.

What the court decided

AI extract

The District Collector Vs Kayala Sreenivasulu — Land Acquisition | Andhra Pradesh HC (2024)

¶1

APHC010384472023

¶2

IN THE HIGH COURT OF ANDHRA Bench Sr.No:-49 PRADESH [3446] AT AMARAVATI

¶3

I.A. No.2 of 2023 IN/AND WRIT APPEAL No.919 of 2023

¶4

The District Collector and another

¶5

...APPELLANTS

¶6

Vs.

¶7

Kayala Sreenivasulu and others

¶8

...RESPONDENTS

¶9

¶10

Government Pleader for Land Acquisition, learned counsel for the appellants.

¶11

Sri V. Vinod K Reddy, learned counsel for respondent No.1.

¶12

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO

¶13

DATE : 2nd April 2024

¶14

P.C:

¶15

I.A.No.2 of 2023 has been filed seeking condonation of 543 days delay

¶16

in filing the appeal against the judgment and order, dated 05.01.2022 in W.P.No.15191 of 2018. The writ appeal was filed on 02.08.2023.

¶17

The 2^nd applicant seeks to explain the delay on the ground that even when a copy of the judgment and order was received on 02.05.2022, on account of the birfucation of Chittoor District into Chittoor and Tirupati Districts, the relevant records could not be obtained, which would have

¶18

¶19

enabled the filing of the writ appeal. What is stated in the application with regard to the delay is reproduced herein:-

¶20

“Against the said order, writ appeal preferred with leave by Government through The District Collector and Revenue Divisional Officer, Tirupathi, after bifurcation of new District was formed on 3.4.2022. The said Writ Appeal SR No.31022/2023 against WP No.15191/2023 is pending for adjudication. I further submit that the said order in WP No.15191/2018 came to our knowledge after the receipt of contempt notices. I further submit after bifurcation and formation of new District properties under dispute comes under the Jurisdiction of Satyavedu and Varadaiahpallem were fallen under the newly formed District Tirupathi. Thereafter all the relevant files has been transmitted to newly formed District, it took same time to formulate the files, and also to secure the relevant material papers for filing the appeal. Hence, there is a delay of filing the appeal of 543 days. This delay is neither wilful and wanton.”

¶21

On a perusal of the explanation so rendered, as reproduced hereinabove, it can be seen that even when the bifurcation of Chittoor District into Chittoor and Tirupati Districts took place on 03.04.2022, no explanation at all much less any satisfactory explanation has been given by the applicants as to the delay between 03.04.2022 and the actual filing of the writ appeal on 02.08.2023. No details have been given as to when the relevant files were transmitted to the office of the 2^nd applicant i.e., the Revenue Divisional Officer, Sullurpeta. Vague and general explanations with regard to bifurcation of the district in question even in the earlier applications seeking condonation of delay in similar cases have been rejected by this Court.

¶22

¶23

Be that as it may, we find no merit in the present application for condoning the delay and the same is, accordingly, dismissed. Consequently, the Writ Appeal is also dismissed. No order as to costs.

¶24

Pending miscellaneous applications, if any, shall stand closed.

¶25

DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

AMD

213

HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

¶30

I.A. No.2 of 2023 IN/AND

¶31

WRIT APPEAL No.919 of 2023

¶32

Dt:02.04.2024

¶33

AMD

¶34

The District Collector v. Kayala Sreenivasulu

Case brief

What is this about?

What the court decided

The District Collector v. Kayala Sreenivasulu

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Alhaj Syed Akbar Bukhari, Vs State of Andhra Pradesh

Dara Prakash Rao Vs the State of Ap

Sudarsanam Tulasi Mata Vs the State of Ap

Linganna Vs U Ramanjaneyulu

E.Sudhir Kumar Vs M.Jashwanth Rao

Sura Gangi Reddy Vs Rendla Brahma Reddy