THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1019 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. A.Sudharshan Reddy, learned Senior Counsel, appears
on behalf of Mr. Srinivas Velagapudi, learned counsel for the
appellant.
Mr. J.Ashvini Kumar, learned counsel appears for
respondent No.1.
Mr. P.Ramprasad, learned Government Pleader for Social Welfare appears for respondent Nos.2, 3 and 4.
2. With the consent of the parties, the matter is heard finally.
3. This intra court appeal arises from an order dated 03.10.2023 passed by learned Single Judge by which Writ Petition No.23354 of 2023 preferred by respondent No.1 has been disposed of giving liberty to him to file an appeal before the appellate authority within a period of thirty days . Learned Single Judge has further directed the appellate authority to decide the appeal within a period of one month from the date of filing of the appeal and till then, the order ::2::
dated 17.08.2023 directing cancellation of the caste certificate has been directed to be suspended.
4. Learned Senior Counsel for the appellant submits that respondent No.1 has so far not filed the appeal and the order of stay has been granted to respondent No.1.
5. In view of the aforesaid submissions, learned counsel for respondent No.1 submits that he shall file an appeal within the time stipulated by the learned Single Judge. It is therefore directed that the appellant shall file the appeal on or before 03.11.2023. It is clarified that in case the appeal is not filed on or before 03.11.2023, the order of stay granted by the learned Single Judge shall stand vacated. It is further directed that in case respondent No.1 files an appeal along with an application of stay, the same shall be considered by the appellate authority after hearing the parties within a period of ten days from the date of filing of such an application. Till the decision on the application for stay is taken, the order dated 17.08.2023 shall remain under suspension. It is clarified that this Court has not expressed any opinion on the merits of the claims of the parties.
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6. To the aforesaid extent, the order passed by the learned Single Judge is modified.
7. Accordingly, the appeal is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date:19.10.2023 Note:
Issue CC today.
B/o Lrkm/Myk