Citation : 2022 Latest Caselaw 2725 AP
Judgement Date : 24 June, 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No:W.P.No.17338 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
24.06.2022 DR, J
Notice to the respondents.
Heard both the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
Learned counsel for the petitioner submitted that the present impugned order dated 17.4.2022 issued by the 5th respondent is contrary to the provisions of the Limitation Act and that he has no authority or power to inquire and file an appeal against the endorsement made in the Revenue Records. Apart from that, the entries were made more than two decades ago as such, without filing an application for condonation of delay, the appeal petition is not maintainable. To support his contention, the learned counsel for the petitioner relied on the judgment of the High Court in case of Kosaraju Balaji V. State of Telangana and Others1, wherein, at para-34 it is held as follows:-
"xxx the appeal filed by the respondent Nos. 5 to 8 before the respondent No.3 was hopelessly time barred and that respondent No.3 had no power or jurisdiction to entertain such appeal unless an application for condonation of delay was made by respondent Nos. 5 to 8 and such delay was condoned by respondent No.3 for valid reasons."
Considering the submissions and on perusal of the material placed on record and the observations made in the abovementioned case law, all further proceedings in pursuance of
2015 Law Suit (Hyd) 1055 SL. DATE ORDER OFFICE NO. NOTE impugned order of the 5th respondent dated 17.4.2022 are stayed.
Post after four weeks.
___________ D.RAMESH,J PA.
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