Sri. Kodari Vinayaka Rao vs Matta Dayanand Vijay Kumar
2023 Latest Caselaw 3340 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                  WRIT APPEAL No.1019 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. A.Sudharshan Reddy, learned Senior Counsel, appears

on behalf of Mr. Srinivas Velagapudi, learned counsel for the

appellant.

       Mr.    J.Ashvini     Kumar,     learned     counsel   appears   for

respondent No.1.

Mr. P.Ramprasad, learned Government Pleader for Social

Welfare appears for respondent Nos.2, 3 and 4.

2. With the consent of the parties, the matter is heard finally.

3. This intra court appeal arises from an order dated 03.10.2023

passed by learned Single Judge by which Writ Petition No.23354

of 2023 preferred by respondent No.1 has been disposed of giving

liberty to him to file an appeal before the appellate authority within

a period of thirty days . Learned Single Judge has further directed

the appellate authority to decide the appeal within a period of one

month from the date of filing of the appeal and till then, the order ::2::

dated 17.08.2023 directing cancellation of the caste certificate has

been directed to be suspended.

4. Learned Senior Counsel for the appellant submits that

respondent No.1 has so far not filed the appeal and the order of stay

has been granted to respondent No.1.

5. In view of the aforesaid submissions, learned counsel for

respondent No.1 submits that he shall file an appeal within the time

stipulated by the learned Single Judge. It is therefore directed that

the appellant shall file the appeal on or before 03.11.2023. It is

clarified that in case the appeal is not filed on or before 03.11.2023,

the order of stay granted by the learned Single Judge shall stand

vacated. It is further directed that in case respondent No.1 files an

appeal along with an application of stay, the same shall be

considered by the appellate authority after hearing the parties

within a period of ten days from the date of filing of such an

application. Till the decision on the application for stay is taken,

the order dated 17.08.2023 shall remain under suspension. It is

clarified that this Court has not expressed any opinion on the merits

of the claims of the parties.

::3::

6. To the aforesaid extent, the order passed by the learned

Single Judge is modified.

7. Accordingly, the appeal is disposed of. There shall be no

order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J Date:19.10.2023

Note:

Issue CC today.

B/o Lrkm/Myk