Citation : 2021 Latest Caselaw 5506 AP
Judgement Date : 27 December, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
WRIT APPEAL No.126 of 2019
(Through physical mode)
Guru Bhaskara Rao S/o. Late Satyanarayana,
Aged 68 years, Business, Residing at D.No.8-97,
Panhayathi Street, Aganampudi,
Visakhapatnam - 530045.
.. Appellant
Versus
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Municipal Administration,
Andhra Pradesh State Secretariat,
Amaravathi, Guntur District, A.P. and others.
.. Respondents
Counsel for the appellant : Mr. E.V.V.S. Ravi Kumar, for Mr. S. Ram Babu
Counsel for respondent No.1 : GP for Municipal Admn.& Urb.Dev.
Counsel for respondents 2 to 5 : Mr. S. Lakshminarayana Reddy
ORAL JUDGMENT
Dt: 27.12.2021
(per Prashant Kumar Mishra, CJ)
This writ appeal is preferred against the order dated 12.03.2019
passed by the learned single Judge in W.P.No.2574 of 2019, whereby the
writ petition preferred by the appellant herein was dismissed with costs of
Rs.25,000/- (Rupees Twenty Five Thousand only) payable by the
appellant/writ petitioner to the High Court Legal Services Authority within a
period of four weeks from the date of receipt of a copy of the order.
Today, when the matter is taken up for hearing, Mr. E.V.V.S. Ravi
Kumar, learned counsel appearing for the appellant/writ petitioner, submits
that the appellant/writ petitioner does not wish to pursue this appeal. He,
however, submits that as the counsel appeared for the appellant/writ
petitioner before the writ court argued the case in Telugu, the learned single
Judge imposed the costs of Rs.25,000/- to be payable by the appellant/writ
petitioner and the same may be set aside.
This Court has granted interim suspension of the order of the learned
single Judge insofar as payment of costs, vide order dated 04.06.2019.
As the appellant/writ petitioner is not pressing the appeal against
dismissal of the writ petition on merits, we need not venture into the merits
of the matter. So far as imposition of costs is concerned, a perusal of the
order of the learned single Judge would show that the learned single Judge
has observed that when the Court posed a query, the counsel for the writ
petitioner stoutly argued the case in Telugu, belittling the proceedings of the
Court. As can be seen from the order, it appears that the counsel for the
appellant/writ petitioner has answered in Telugu to a query posed by the
Court and it is not that he has argued the entire case in Telugu. In any
event, though the language of the High Court is English, arguing in a
regional language/mother tongue cannot be said to be belittling the
proceedings of the High Court. On due consideration and in the facts and
circumstances of the case, we are inclined to set aside the order in relation
to imposition of costs.
Accordingly, the order of the learned single Judge to the extent it
imposes costs of Rs.25,000/- payable by the appellant/writ petitioner is set
aside and the appeal stands dismissed as not pressed in all other respects.
Pending miscellaneous applications, if any, shall stand closed. No
costs.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J
IBL
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