Dasari Mallikharjuna Naidu vs The State Of Andhra Pradesh,
2024 Latest Caselaw 8303 AP

Andhra Pradesh High Court - Amravati

Dasari Mallikharjuna Naidu vs The State Of Andhra Pradesh, on 11 September, 2024

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE: W.P.No. 25004 of 2018 PROCEEDING SHEET

Sl. Office DATE ORDER No Note

06. 11.09.2024 TRR, J Office raised an objection about maintainability of the application filed to bring the legal heirs of the deceased-Writ Petitioner directing the implead petitioners to file application to set aside abatement and condone delay petition. Not satisfying with the endorsement made by the implead-petitioners that the Limitation is not applicable to the Writ proceedings. The Registry is placed the IA(SR) No.55579/2024 before this Court for appropriate orders.

Learned Counsel appearing for the petitioner would submit that the Limitation Act has no application to the Writ Proceeding Rules and relied on the orders of this Court in WA No.881 of 2006 and also relied on the Judgment of the Madras High Court in The State of Tamil Nadu rep. by its Chief Secretary, Housing and Urban Development Department, Fort St. George, Chennai & others v. N. Rama Murthy reported in 2010 6 CTC 1.

Where in both the cases, the Court held that the procedure prescribed in respect of suit in the Court which is made applicable to the Writ Proceedings, then in many cases which may frustrate the exercise the extraordinary powers of High Court under Article 226 and 227 of the Constitution of India.

In view of the orders referred supra, the office objections are over ruled and the office is directed to register the I.A., if it is otherwise in order.

_______ TRR,J Harin