J.V.Janardhan Setty vs The State Of Andhra Pradesh
2021 Latest Caselaw 351 AP

         IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

   HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                            &
                   HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

                         WRIT APPEAL No.1698 of 2018

                       (Taken up through video conferencing)

J.V. Janardhan Setty, S/o Venkataramaiah Setty,
Aged about 65 years, R/o China Gottigallu, Piler Post
and Mandal, Chittoor District.

                                                               .. Appellant.
          Versus

1. The State of Andhra Pradesh,
Department of Agriculture, rep., by
its Principal Secretary, Secretariat,
Velagapudi, Amaravathi,
Guntur District and four others.

                                                              ..Respondents.

Counsel for the Appellant : --

Counsel for respondents No.1 to 4 : Government Pleader for Agriculture.

Counsel for respondent No.5 : Mr. B. Prakasam, standing counsel.

ORAL JUDGMENT

Dt: 25.01.2021

per Arup Kumar Goswami, CJ

1. On 20.01.2021, this court passed the following order:

"None appears for the appellant on call.

Sri C. Srinivas, learned standing counsel for the 5th respondent, submits that appeal has been rendered infructuous by efflux of time.

Perusal of the order dated 22.11.2018 goes to show that challenge was mounted against a notice dated 03.11.2018 directing the appellant to vacate the godown in Piler Agricultural Marketing Committee for the purpose of taking steps to conduct fresh auction and, accordingly, writ petition was filed assailing the notice of eviction. The order also goes to show that the counsel for the petitioner submitted that petitioner was inclined to participate in the

auction proceedings which was not under challenge. The writ petition was disposed of in the following terms:

"Having regard to the same, Writ Petition is disposed of granting

liberty to the petitioner to participate in the auction scheduled to

be held on 23.11.2018. If the petitioner is the highest bidder,

renewal fee already paid by him shall be adjusted. If the

petitioner is not the highest bidder, the amount paid by him

should be refunded to him after adjustment of any arrears liable

to be paid by him. In the event of petitioner not successful in the

open auction scheduled on 23.11.2018, petitioner shall have to

vacate the subject premises and handover the premises by

31.12.2018. It is made clear that no further extension of time

would be granted to petitioner for vacation of the subject

premises. Pending miscellaneous petitions shall stand closed."

In the interregnum period, there is no order of stay operating and, in the above context, submission is advanced by learned standing counsel for the 5th respondent that the writ appeal has become infructuous.

Since the learned counsel for the appellant is not present today, so as not to cause any prejudice to the appellant, one more opportunity is granted and, accordingly, we direct the Registry to list this case on 25.01.2021 and on that day, orders as may be considered appropriate will be passed."

2. Today also, there is no representation on behalf of the appellant on

call.

3. In view of the above position, this Writ Appeal is dismissed for non-

prosecution. No costs. As a sequel, all the pending miscellaneous

applications shall stand closed.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

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HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT APPEAL No.1698 of 2018

(per Arup Kumar Goswami, CJ)

Dt: 25.01.2021

Nn