Sri Kanaka Mahalakshmi Ammavari ... vs K Satyanarayana
2021 Latest Caselaw 1372 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

                             I.A.No.1 of 2019

                                 IN/AND

                    WRIT APPEAL No.105 of 2019

                  (Taken up through video conferencing)

Sri Kanaka Mahalakshmi Ammavari Temple,
Burujupeta, Visakhapatnam District,
Rep.by its Executive Officer.                                 .. Appellant

                                  Versus

K.Satyanarayana S/o. Late Sri Sanyasi Naidu,
Aged about 71 years, Occ: Retired Senior Assistant,
Sri Kanaka Mahalakshmi Ammavari Devasthanam,
Visakhapatnam, Burujupeta,
Visakhapatnam District, r/o.H.No.MIG 68,
Near Collector's Bungalow,
Srikakulam, Srikakulam District,
Andhra Pradesh and 4 others                                   ..Respondents


Counsel for the Appellant               :       Mr.Kasa Jagan Mohan Reddy,
                                                Spl. G.P. attached to the office of
                                                Advocate General
                                                for Mr.K.Madhava Reddy

Counsel for Respondent No.1             :       Mr.M.Pitchaiah

Counsel for Respondent Nos.2 to 5       :       Ms.P.Rajani


                            JUDGMENT (ORAL)

Date: 04.03.2021

(Arup Kumar Goswami, CJ)

Heard Mr.Kasa Jagan Mohan Reddy, learned Special Government

Pleader attached to the office of Advocate General, representing

Mr.K.Madhava Reddy-Standing Counsel for Endowments, for the appellant.

2. Also heard Mr.M.Pitchaiah, learned counsel appearing for the

respondent No.1, Ms.P.Rajani, learned G.P. for Endowments, appearing for

respondents No.2 to 5.

3. I.A.No.1 of 2019 is filed for condonation of delay of 143 days in filing

the present appeal. The reason for delay is sought to be explained at

paragraph No.5 of the petition, which reads as follows:

"It is humbly submitted that the Hon'ble High Court was

pleased to allow the W.P.No.32900/2016 on 25.09.2018.

Thereafter the temple has received the copy on 01.12.2018

from the court. Thereafter, immediately I have approached

the standing counsel at Hyderabad within 30 days i.e., on

15.12.2018. During such time I was informed that it is the

date of the dispatch it has to be taken for counting the actual

delay in filing, hence the dispatch date is 29.10.2018 and

there is a delay of 143 days. The delay occurred is neither

willful nor wanton. Unless the delay in presenting the above

appeal is condoned the appellant institution will be put to

irreparable loss and hardship."

4. The appeal came to be filed on 24.04.2019. There is no explanation

whatsoever as to what happened after 15.12.2018.

5. In absence of any explanation for the aforesaid period, I.A.No.1 of

2019 is dismissed.

6. Resultantly, the Writ Appeal is also dismissed. No costs. Pending

miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ                               C. PRAVEEN KUMAR, J

                                                                            GM