The Bhel Executive Cooperative Housing ... vs S. Tej Kumar,
2025 Latest Caselaw 1686 Tel

Telangana High Court

The Bhel Executive Cooperative Housing ... vs S. Tej Kumar, on 3 February, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

                                  AND

                THE HON'BLE SMT. JUSTICE RENUKA YARA

                     WRIT APPEAL No.132 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Sri Anand Kumar Kapoor, learned counsel for the

appellant; Sri V. Ravi Kiran Rao, learned Senior Counsel represents

Sri V. Rohith, learned counsel for respondent No.1; Smt. B.

Mohana Reddy, learned Government Pleader for Co-operation, for

respondent No.2; Sri C. Sri Hari Prasad, learned counsel for

respondent Nos.4, 5 and 10 to 13 and Sri M. Venkat Divakar,

learned counsel for respondent Nos.6 to 9.

2. With the consent, finally heard.

3. Learned counsel for the parties fairly submitted that the

delay was condoned by the Co-operative Tribunal on 23.12.2010.

Learned Single Judge could have decided whether such

condonation of delay is founded upon furnishing "sufficient cause".

However, it is agreed that in the teeth of Section 76(3) which

prescribes that "Any appeal under sub-section (1) shall, subject to

the other provisions of this Act, be preferred within sixty days from

the date of communication to the appellant of the decision, refusal or

order complained of but the Tribunal may admit an appeal preferred

after the said period of sixty days, if it is satisfied that the appellant

has sufficient cause for not preferring the appeal within the said

period", it was not correct to say that there was no power with the

Tribunal to condone the delay. Since the Writ Petition was decided

only on the ground of condonation of delay, it is agreed that the

impugned order of learned Single Judge may be set aside and the

matter may be remitted to the learned Single Judge for hearing in

accordance with law.

4. In view of consensus arrived at, the impugned order dated

18.11.2024 in W.P.No.29459 of 2014 is set aside. The Writ Petition

is restored to its original number. Since the Writ Petition is of the

year 2014, we request the learned Single Judge to decide the

matter at the earliest.

5. Accordingly, the Writ Appeal is disposed of. It is made

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

of the case. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 03.02.2025 Myk/Tsr

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

AND

THE HON'BLE SMT. JUSTICE RENUKA YARA

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Date: 03.02.2025

myk/tsr