IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Manmadha Rao, J.
Challa Vengal Reddy - Petitioner
Versus
The Executive Officer and Others - Respondent
Writ Petition Nos: 20490, 20491, 20531, 20548/2011 and 32850/2010
Decided On : 13-09-2024
Limitation - Writ Petitions - AP Charitable and Hindu Religious Institutions and Endowments Act 1987, Limitation Act 1963 - The court held that the provisions of the Limitation Act do not apply to appeals under the Endowments Act, thus quashing the impugned orders for condonation of delay.
Fact of the Case:
Multiple writ petitions were filed challenging the orders of the Regional Joint Commissioner regarding the status of landless poor tenants and the condonation of delay in appeals against earlier orders declaring them as such.
Finding of the Court:
The court found that the Regional Joint Commissioner lacked jurisdiction to condone the delay in filing appeals under the Endowments Act, as the provisions of the Limitation Act were not applicable.
Issues: Whether the condonation of delay in filing appeals was legally justified under the provisions of the Limitation Act and the Endowments Act.
Ratio Decidendi: The court concluded that the provisions of the Limitation Act do not apply to appeals under the Endowments Act, and thus the impugned orders were illegal.
Result: All writ petitions are allowed, and the impugned orders are set aside.
ORDER:
K. Manmadha Rao, J.
WP No.20490 of 2011 is filed under Article 226 of Constitution of India for the following relief:
WP No.20491 of 2011 is filed under Article 226 of Constitution of India for the following relief:
WP No.20531 of 2011 is filed under Article 226 of Constitution of India for the following relief:
WP No.20548 of 2011 is filed under Article 226 of Constitution of India for the following relief:
WP No.32850 of 2010 is filed under Article 226 of Constitution of India for the following relief:
Balwant Singh (dead) v. Jagdish Singh and others (2010) 8 SCC 685
K. Venkaiah v. K. Venkateswara Rao
Lanka Venkateswarlu (D) by L.Rs. v. State of A.P. & Ors. AIR 2011 SC 1199
Maniben Devraj Shah v. Municipal Corporation of Brihan
Mukri Goipal v. Cheppilat Puthanpuraji and other precedents
Om Prakash v. Ahswani Kumar Bassi AIR 2010 SC 3791
Prakash H. Jain v. Marie Fer nandes
R.B. Ramlingam v. R.B.Bhvaneswari
Ram Nath Sao Alias Ram Nath Sahu and others versus Govardhan Sao and others (2002) 3 SCC 195
The court established that the Limitation Act does not apply to appeals under the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987.
A formal application for condonation of delay is not necessary; oral requests sufficing with sufficient cause are valid in proceedings under the U.P. Land Revenue Act.
A formal application for condonation of delay under the Limitation Act is not mandatory if sufficient cause is shown, allowing courts to exercise discretion in restoring cases.
(1) Law of limitation is founded on public policy – Appeal which is preferred after expiry of limitation is liable to be dismissed.(2) Bar of limitation – Delay is not liable to be condoned merely be....
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
Though the Courts are required to weigh scale of balance of justice in respect of both the parties, the said principle cannot be given a total good-bye in the name of liberal approach.
The court emphasized that while a liberal approach is generally applied in condoning delays under the Limitation Act, lack of sufficient cause, particularly evident inactivity, precludes such discret....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
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