THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration and perused the material on record.

2. Learned counsel for the petitioner submits that this writ petition is filed by the petitioner seeking calling for the records from the respondent No.1 with respect of Memo No.16753/Regn-II/2015-1, dated 23.09.2015 and consequently, set aside the said order dated 23.09.2015 passed by the respondent No.1 in Memo No.16753/ Regn-II/2015-1 and declare the same as null and void and direct the respondent No.1 to provide an opportunity to the petitioner for personal hearing.

3. After hearing both sides and perusing the material on record, this Court is of the considered view that the petitioner filed an Appeal under Section 70 of the A.P. Chit Fund Act, 1982 before the respondent No.1 along with the petition for the condonation of the delay in filing of the said vide Appeal Memo No.16753/Regn-II/2015-1, dated 23.09.2015 questioning the arbitration award passed by the Deputy Registrar of Chits, Arbitrator, Ranga Reddy District (West) in Dispute No.151 of 2013, dated 25.02.2015. The respondent No.1 without issuing notice to the petitioner and without hearing the petitioner, has rejected the delay petition of the petitioner and the same is arbitrary and illegal. Before passing any orders on the application filed by the petitioner, the respondent No.1 being a quasi judicial authority has to give opportunity to the petitioner or his counsel for hearing. Without following the said procedure, the impugned orders passed by the respondent No.1 and the same is arbitrary and illegal and the same has to be liable to be set aside. The respondent No.2 has to issue notice to the petitioner. After hearing the petitioner or his counsel, the respondent has to pass appropriate orders.

4. In view of the above findings, the writ petition is disposed of by setting aside the Memo No.16753/Regn- II/2015-1 and remand the matter to the respondent No.1 for fresh hearing by giving opportunity to the petitioner as well as the respondent No.2. Further, the petitioner is directed to represent the appeal within four (4) weeks from the date of receipt of copy of this order. After representing the said appeal, the respondent No.1 is directed to pass appropriate orders on the condone delay petition filed by the petitioner.

5. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE K.SARATH Dated: 10.04.2025 BB