Shaik Sayyed Basha, vs K. Thyaga Raju,
2024 Latest Caselaw 1100 AP

Andhra Pradesh High Court - Amravati

Shaik Sayyed Basha, vs K. Thyaga Raju, on 9 February, 2024

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

                                                                                23
                 HIGH COURT OF ANDHRA PRADESH : AMARAVATI

      MAIN CASE No. : W.A.No.890 of 2023
                               PROCEEDINGS SHEET

Sl.       DATE                                 ORDER                            OFFICE
No.                                                                              NOTE


09.    09.02.2024
                                       I.A.No.3 of 2023
                         Mr.    C.   Subodh,    learned   counsel   for   the
                    applicants, appears for the applicants.

                         Mr. Suresh Kumar Reddy Kalava, learned
                    counsel for the respondent Nos.1 and 2, is present.

This is an application seeking condonation of 423 days delay in filing an appeal against judgment and order dated 26.05.2022 in W.P.No.15464 of 2022.

The applicants were not a party to the writ proceedings before the learned single judge. By virtue of order dated 23.01.2024, the application for leave to prefer an appeal was allowed by this Bench.

The dispute appears to be one pertaining to a road over which black topping is stated to be in progress. The said road according to the applicants is the only approach road to the residents of Beripalli, Karanamvaripalli and Cherikuvaripalli villages.

The claim of the writ petitioners on the other hand is that they are the owners of the land and there is no road existing which is used by the villagers and that the land of the non-applicants/petitioners was being encroached upon without following due process of law. It is in that context a direction was issued by

HCJ & RRR,J

Sl. DATE ORDER OFFICE No. NOTE

the learned single Judge not to interfere with the subject land of the petitioners without following due process of law.

In the backdrop of the aforementioned facts and considering the view that the applicants were not party respondents in the aforementioned writ petition and that knowledge of the judgment and order dated 26.05.2022 was obtained only recently and therefore, we feel that sufficient cause has been shown for seeking condonation of delay.

Be that as it may, the application is allowed and delay is condoned.

List on 19.02.2024, for consideration.

DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

SSN