The Special Collector vs. Avula Narayana
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble J K Maheshwari , Lalitha Kanneganti
Listed On:
23 Dec 2020
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Order Text
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
CHIEF JUSTICE J.K. MAHESHWARI
&
JUSTICE LALITHA KANNEGANTI
I.A.NO.2 OF 2020 in/and W.A No.199 of 2020
(Taken up through video conferencing)
The Special Collector, GNSS, Kadapa, YSR Kadapa District and another.
Versus
.. Appellants.
- Avula Narayana, S/o late Ramaiah, Aged about 73 years, Occ: Agriculture, R/o 1/84, Chapalavaripalli village, H/o Pothapi Nandalur Mandal, YSR Kadapa District and (5) others.
..Respondents.
| Counsel for the Appellants | : | GP for Land Acquisition |
|---|---|---|
| Counsel for the respondents | : | Sri D. Kodandarami Reddy |
ORAL JUDGMENT
Dt: 23.12.2020
per J.K. Maheshwari, CJ
-
Aggrieved by the order dated 19.04.2018 passed by learned single Judge in W.P.No.2701 of 2017, this appeal has been preferred along with I.A.No.2 of 2020, which is an application seeking condonation of delay of 667 days in filing this intra-court appeal.
-
I.A.No.2 of 2020 has been filed inter alia stating that appellant No.2 was designated as Electoral Registration Officer for 127-Kodur Assembly Constituency (SC) and the work relating to
Registration/Deletion of voters was entrusted and thereafter, he was assigned so many works, to which a chart has been produced in the application itself, therefore, the delay occurred in filing the appeal is bonafide.
-
Respondent No.1 filed counter-affidavit. In the counter, in para No.5, it is specified that the impugned order has been passed on 19.04.2018, thereafter, appellant No.2 appeared before the Government Pleader in the High Court on various occasions on 02.07.2018, 03.07.2018, 13.07.2018, 01.08.2018 and from 21.08.2018 to 24.08.2018 and thereafter, he again came to High Court in respect of various other cases specified in para No.6, from 16.07.2019 to 18.07.2019, from 22.07.2019 to 25.07.2019. Further, in para No.8, it is specified that after taking notices in contempt cases, appellant No.2 appeared before this Court on 11.11.2019 and 25.11.2019 and again he appeared in person on 24.01.2020 before this Court. It is stated that the plea as taken by merely producing a chart of assignment of work, is not bonafide, and the delay is not based on bonafide reason that too, in intra-court appeal, therefore, this appeal may be dismissed.
-
After hearing the learned Counsel for both the parties, this Court is of the view that the reasons assigned by the appellants in their application for delay of 667 days in filing the appeal are not bonafide. In fact, after passing the impugned order, appellant No.2 has come to this Court on several occasions and attended to the office of the Advocate-General. The above I.A. has not been
2
filed with correct facts. In that view of the matter, we are not inclined to condone the delay in filing the appeal.
- Accordingly, I.A.No.2 of 2020 is dismissed and consequently, the Writ Appeal is rejected as barred by limitation. No costs. As a sequel, all the pending miscellaneous applications shall stand closed.
J.K. MAHESHWARI, CJ LALITHA KANNEGANTI, J
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CHIEF JUSTICE J.K. MAHESHWARI & JUSTICE LALITHA KANNEGANTI
4
I.A.NO.2 OF 2020 in/and W.A No.199 of 2020
(per J.K. Maheshwari, CJ)
Dt: 23.12.2020
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