Administrative delays, including staff engagement in election duties or personnel changes, do not justify inordinate delays in filing appeals. Furthermore, an authority cannot allege fraud in LRS proceedings if it had prior knowledge of the irregularities and accepted penal charges for them.

COMMON JUDGMENT:

(Per Hon’ble Smt. Justice Renuka Yara)

1. The present Writ Appeals are filed challenging the common order dated 25.04.2022 passed by the learned Single Judge in W.P.Nos.27793 and 27784 of 2018 respectively.

2. In the Writ Appeals, the I.A.No.1 of 2024 in W.A.No.1028 of 2024 and I.A.No.1 of 2024 in W.A.No.1033 of 2024 are filed under Section 5 of Limitation Act, 1963 to condone delay of 820 days and 794 days in filing the Writ Appeals respectively.

3. The main Writ Petitions were filed to declare the revocation notice No.LRS/432/Cr-11/WZ/GHMC/2012-18 with respect to Plot No.22/A and revocation notice No.LRS/919/Cr-11/WZ/GHMC/2012-18 with respect to Plot No.19/A both dated 23.07.2018 and served on 02.08.2018 as illegal and to set aside said revocation notices. The Writ Petitions were allowed vide common order dated 25.04.2022 setting aside the revocation notices dated 23.07.2018. Aggrieved by the same, the present Writ Appeals are filed with I.As. to condone delay of 820 and 794 days in filing the Writ Appeals.

4. The affidavits filed along with petitions contain pleadings referring to the merits of the petitioners’ case and the alleged errors committed by the learned Single Judge while allowing the Writ Petitions. Said, pleadings are not relevant for disposal of the present petitions, hence, not recounted.

5. Coming to the pleadings with respect to delay, it is pleaded that the Zonal Level Official by name M. Narsimha Ramulu who was dealing with the subject was caught by the Inspector of Police (CIU) ACB in a case relating to possession of disproportionate assets. The said official was apprehended on 21.04.2022. On 29.04.2022, one K. Uma Devi, City Planner, Kukatpally Zone GHMC was posted as in-charge to the post of M. Narsimha Ramulu vide Proceeding No.B/943/TPS/HO/ GHMC/2022/432. Said K. Uma Devi was officiating the duties of M. Narsimha Ramulu in addition to her regular duties. On 12.08.2022, K. Mallikarjun Rao was posted as City Planner, Serilingampally Zone, GHMC vide Proceeding No.B/270/TPS/HO/ GHMC/2020-22/830 dated 11.08.2022. Immediately thereafter, the Standing Counsel representing GHMC were changed vide G.O.Ms.No.517 dated 10.10.2022 and the impugned common order dated 25.04.2022 was not in the notice of concerned officials. Only when the respondents submitted representation to GHMC to restore the building permission, the officials of GHMC have put up the file for necessary approval on 09.11.2023. At that time, the Legislative Assembly Code was in force and also, the officials were preoccupied with elections. The entire staff were entrusted with special duties for State Assembly elections and thereafter, Parliament elections. As such, the officials could not present the file before the Standing Counsel for getting legal opinion and further course of action as to whether to file an appeal or not. On account of transfers and elections, there was delay in taking legal opinion. As such, there was inadvertent delay. After receiving the legal opinion, since the State interest was involved, it was decided that an appeal has to be preferred.

6. The respondents are seeking issuance of Occupancy Certificate in their favour. Also, the respondents are continuing with their building in a fraudulent layout to consolidate their hold on the premises, which is earmarked for park. By submission of a fraudulent layout, the health of the public at large would be affected, i.e., breathing space within layout is necessary and cannot be reduced by committing fraudulent acts. The petitioners have good chance in succeeding the appeal and therefore, it is prayed that the delay be condoned as the same is not deliberate or intentional.

7. The petitioner No.3 filed additional affidavit restating the grounds stated in the common affidavit filed by the petitioners referring to the concerned official M. Narsimha Ramulu being apprehended by the ACB, posting another official in-charge followed by regular posting and appointment of ne