Andhra Pradesh High Court - Amravati
Ndhra Pradesh Industrial ... vs Smt Bollu Sudarshanamma on 9 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
1
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
W.A. No. 1206 of 2018
(Taken up through video conferencing)
Andhra Pradesh Industrial Infrastructure
Corporation Limited, represented by its GM
(Law), having its registered office at 5-9-58/b,
6th Floor, Parisrama Bhavan, Fatehmaidan
Road, Basheerbagh, Hyderabad.
...Appellant
And
Smt. Bollu Sudarshanamma, W/o. Late B.
Ramaiah, Aged about 58 years, Occ:
Agriculture, R/o. H. No. 6-12-636, Old
Kalahasti Road, Naidupeta, PSR, Nellore
District and others.
...Respondents
Counsel for the Appellant : Mr. J. Ugranarasimha
Counsel for Respondent No. 1 : Mr. P. Prabhakar Rao
Counsel for Respondent Nos. 2 to 5 : --- --- ---
ORDER (ORAL)
Dt. 09.02.2021
(Per Arup Kumar Goswami, CJ)
1) I.A. No. 1 of 2018 is an application for condonation of delay
of 330 days in filing the appeal.
2) The Appeal is presented against the Order, dated
04.09.2017, passed in W.P. No. 32951 of 2012, whereby, the
learned Single Judge disposed of the Writ Petition in the following
terms:
"The respondents are given liberty to proceed with the
acquisition pursuant to 4(1) Notification dated
12.05.2010, however, by following the requirement of
part-IV of Act 30 of 2013. The petitioner as and when
receives notice at any stage in part-IV is given liberty
to raise objections and it is for the authorities atleast
now to consider such objections objectively and pass
orders. The respondents are directed to serve notice on
the address given in the writ affidavit, if enquiry is
taken up in this behalf."
3) At the very outset, Mr. P. Prabhakar Rao, learned Counsel
for Respondent No.1 submits that, in terms of the same, notice has
been issued to the Respondent No.1 and he has also submitted a
reply thereto. In the application for condonation of delay, at
paragraph no. 4 it is stated as follows:
"a) Some time was consumed in getting permission for
filing the appeal from Head Office after receiving the
copy of the order from the Standing Counsel.
b) Some time was consumed in obtaining the details
from Nellore, where the records of the acquisition were
available and for obtaining the copies of the
documents like the notices issued to the petitioner etc."
4) Subsequently, another affidavit was filed by the Appellant in
I.A. No. 1 of 2019 for substantiating the delay in filing appeal. In
the said affidavit, it is stated that judgment of the court was
received on 13.10.2017 and, thereafter, the Legal Department had
addressed a letter to the Zonal Manager, APIIC, Nellore, to
coordinate with the concerned revenue officials for certain
clarification with regard to the issuance of statutory notices to the
petitioner in order to enable the Appellant to file an appeal.
Thereafter, the Standing Counsel sent a letter, dated 22.02.2018,
seeking approval for the appeal grounds and after receipt of the
approval, the appeal was filed on 30.08.2018.
5) There is no explanation as to why it took long six months to
approve the grounds of appeal. The affidavit is silent as to when
the clarification was sought for and when the clarification was
received from the revenue officials.
6) We are of the considered opinion that, even if construed
liberally, the appellant has failed to show sufficient cause for
condoning the delay.
7) Accordingly, the Interlocutory Application No. 1 of 2018 is
dismissed. Consequently, the Appeal is also dismissed. No order as
to costs.
8) All pending miscellaneous applications; if any, are closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
Dt. 09.02.2021
SM..
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
W.A. No. 1206 of 2018
(Per Arup Kumar Goswami, CJ)
Dt. 09.02.2021
SM.
