APHC010606072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3565]

(Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 1223/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the instant Writ Appeal by setting aside the order dated 18.06.2024 passed in W.P.No. 35323 of 2014 and pass such Between:

1. T HE ANDHRA PRADESH POWER GENERATION CORPORATION LTD, REP. BY ITS MANAGING DIRECTOR, VIDYUTH SOUDHA, VIJAYAWADA.

2. T HE JOINT SECRETARY (PERSONNEL), ANDHRA PRADESH POWER GENERATION CORPORATION LTD. VIDYUT SOUDHA, VIJAYAWADA.

3. T HE CHIEF ENGINEER (O AND M), LOWER SILERU, H.E. SCHEME, APGENCO, MOTHUGUDEM POST, KHAMMAM DISTRICT.

4. T HE SUPERINTENDING ENGINEER (O AND M), MACHKUND HYDRO ELECTRIC (JOINT SCHEME PROJECT), AP. GENCO, ONUKUDELLI POST, KORAPUT DISTRICT, ODISHA STATE

5. T HE PROJECT DIVISIONAL ENGINEER, GENERATION DIVISION, APGENCO, ONUKUDELLI POST, KORAPUT DISTRICT, ODISHA STATE.

...APPELLANT(S)

AND

1. S RI T SRINU, S/o (Late) T. Syamalamma, Aged about 38 years, Occ Unemployed, R/o Onukudelli, Koraput District, Odisha State.

...RESPONDENT IA NO: 1 OF 2025 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 may be pleased to dispense with filing with the certified copy of the order dated: 11.12.2024 in W.P. No. 35323 OF 2014, passed by His Lordship The Honourable Sri Justice N.HARINATH GARU and pass such IA NO: 2 OF 2025 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 may be pleased to condone the delay of 335 days in preferring the writ appeal against the orders passed in W.P.No.35323 of 2014, dated 11.12.2024, and pass such IA NO: 3 OF 2025 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 may be pleased to permit to file the additional materials from Ex.P1 to Ex.P14 i.e., from 30 to 69 pages and pass such IA NO: 4 OF 2025 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 may be pleased to suspend the operation of the order dated 11.12.2024 in W.P.No. 35323 of 2014 pending disposal of the Writ Appeal and pass such Counsel for the Appellant(S):

1. K.KRISHNABUSHAN CHOWDARY SC For APGENCO Counsel for the Respondent:

1. V HIMABINDU The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND &

THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA I.A.No.02/2025 IN W.A.No.1223 /2025 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

This writ appeal filed against the order, dated 11.12.2024 passed by the learned single Judge of this Court in W.P.No.35323 of 2014, wherein the learned single Judge partly allowed the writ petition holding that the respondents therein are directed to consider the petitioner‟s case and pass necessary orders in accordance with law by setting aside the memo issued by the Andhra Pradesh State Electricity Board, Vidyut Soudha, Hyderabad, dated

25.10.1994, as the same has a fundamental flaw.

2. The appellant filed I.A.No.2 of 2025 seeking to condone the delay of 335 days in filing the present writ appeal.

3. The learned Standing Counsel appearing for the appellants, would submit that the delay caused is thus not willful, wanton, or due to negligence, but for the reasons stated in the affidavit and accordingly sought to condone the delay in filing the writ appeal.

4. The learned counsel appearing for the respondent has raised a preliminary objection and sought to hear the delay condonation petition at first and requested to decide the same. Accordingly, the delay condonation petition in I.A.No.2 of 2025 is taken for consideration.

5. The learned c