Pathan Khasim Khan vs State Of Andhra Pradesh
2021 Latest Caselaw 5251 AP

      HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU


                       W.P.No.26336 of 2021
ORDER:

This writ petition is filed questioning the action of the

2nd respondent in failing to entertain the appeal filed against

the refusal to register a document on the ground that the

appeal is barred by time.

This Court has heard Sri P.V.A.Padmanabham, learned

counsel for the petitioner and learned Government Pleader for

Revenue.

The petitioner presented a document for registration

and the same was refused to be registered by order No.80 of

2021 dated 21.09.2021 on the ground that there is one day's

delay in the presentation of the appeal. The petitioner has

filed an appeal on 22.10.2021. Learned counsel submits that

the period of limitation as stipulated is one month from

21.09.2021. He points out that the 2nd respondent did not

consider the effect of the general order of the Hon'ble

Supreme Court of India extending the period of limitation for

filings in view of the Covid pandemic and that the respondent

mechanically rejected the application. According to the

learned counsel, in view of the order of the Hon'ble Supreme

Court, the period from 15.03.2020 to 02.10.2021 is to be

excluded for the purpose of calculation of limitation.

Therefore, he submits that the rejection order dated

21.09.2021 is incorrect and that the 2nd respondent

committed an error. He also relies upon the judgment of the

learned single Judge in WP.No.15924 of 2021.

In reply to this, learned Government Pleader submits

that the case law on the subject is not in doubt, but he points

out that unless these matters brought to the attention of the

2nd respondent, he cannot be faulted.

This Court has considered the submissions of both the

learned counsel. The period of limitation from 21.09.2021 till

02.10.2021 has to be excluded for all cases in view of the

order of the Hon'ble Supreme Court of India in Miscellaneous

application No.665 of 2021 in SMW (C).No.3 of 2020. As

rightly submitted by the learned counsel for the petitioner,

the case of the petitioner falls within the period prescribed by

the Hon'ble Supreme Court of India in the Miscellaneous

Application. This order was also followed by a learned single

Judge of this Court in WP.No.15924 of 2021.

In that view of the matter, the writ petition is disposed

of. The 2nd respondent is directed to receive the appeal filed

by the petitioner against the refusal order dated 21.09.2021,

as it is not barred by limitation. The 2nd respondent is

directed to register the appeal if it is otherwise in order and

dispose of the same in accordance with law. No order as to

costs.

As a sequel, the miscellaneous applications, if any

pending, shall stand closed.

________________________ D.V.S.S.SOMAYAJULU,J

Date : 15.12.2021 KLP