HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI,BALAJI MEDAMALLI
The State of Andhra Pradesh – Appellant
Versus
Sri P.V.Naga Sai – Respondent
WA 30/2024
APHC010010252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3572]
(Special Original Jurisdiction)
WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT APPEAL NO: 30/2024 Writ Appeal under clause 15 of the Letters Patent to issue an appropriate Direction or Order to Set aside the Order dt.4.1.2023 and consequential orders passed in I.A.No.l of 2023 dated 14.12.2023 passed by the Honble High court of A.P in WP (AT) No.636/2021 and to pass Between:
1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT ESTTII DEPARTMENT 5TH BLOCK SECRETARIAT VELAGAPUDI GUNTUR DISTRICT.
2. T HE ENGINEERINCHIEF R W S ANDS DEPARTMENT, STATE OF AP VASUDHA SHELTER CBLOCK, GOLLAPUDI POST VIJAYAWADA RURAL KRISHNA DISTRICT.
3. T HE CHIEF ENGINEER ADMIN, 3. R W S AND5 STATE OF AP VASUDHA SHELTER CBLOCK GOLLAPUDI POST VIJAYAWADA RURAL KRISHNA DISTRICT ...APPELLANT(S)
AND
1. S RI P V NAGA SAI, S/o. P.V. Rama Krishna Rao Aged 43 years, Occ- Asst. Executive Engineer, O/o. Dy.Executive Engineer, PR Engg. Dept. PIU Sub-Division, Mowa, Krishna District ...RESPONDENT IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with the certified copy of the final order dated 04.01.2023, passed in W.P (AT).No.636 of 2021 and (Review I.A) Order dated 14.12.2023 passed in I.A.No.l of 2023 in W.P(AT) No.636 of
2021 on the file of Hon'ble High Court of Andhra Pradesh and to pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of337days in filing the writ appeal and to pass IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the final orders dated
04.01.2023 passed in W.P.(AT).No.636 of 2021 and to pass Counsel for the Appellant(S):
1. .
2. GP FOR SERVICES IV Counsel for the Respondent:
1. PARTY IN PERSON The Court made the following:
JUDGMENT:-(per Hon’ble Sri Justice Ravi Nath Tilhari)
Heard Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services-IV appearing for the writ appellants and the respondent-Sri P.V.Naga Sai (writ petitioner) appearing in person. 2. The present Writ Appeal has been filed challenging the order dated 04.01.2023 passed in W.P.(AT).No.636 of 2021, and the order dated 14.12.2023 passed in Review I.A.No.1 of 2023 in W.P.(AT).No.636 of 2021 by the learned Single Judge.
3. W.P.(AT).No.636 of 2021 by the writ petitioner/respondent in writ appeal was allowed and Review I.A.No.1 of 2023 filed by the State and its authorities/ the writ appellants, was dismissed.
I.A.No.1 of 2024
4. This application has been filed to dispense with the filing of the certified copy of the final order dated 04.01.2013 passed in W.P.(AT).No.636 of 2021 and the order dated 14.12.2013 passed in Review I.A.No.1 of 2023 in W.P.(AT).No.636 of 2021.
5. Considering the cause shown in the affidavit as also submissions advanced, filing the certified copies as aforesaid, is dispensed with.
I.A.No.2 of 2024
6. The Writ Appeal was filed on 06.01.2024 along with I.A.No.2 of 2024 seeking condonation of delay of 337 days.
7. Learned counsel for the writ appellants submits that the final order in the writ petition was communicated to the Government on 11.04.2023 and immediately, a decision was taken to file review application. However, due to administrative reasons, the review application could be filed on 28.06.2023, which was heard on 8.12.2023 and was reserved for orders, which was passed on 14.12.2023. Consequently, there is a delay in filing the writ appeal, which is neither deliberate n
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