IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.589 OF 2014 DATED:15.4.2014 Between:
R. Bhim Reddy and another … Appellants And Joint Collector Mahaboobnagar and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.589 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) As both the learned Lawyers for the parties appear before us, no notice is to be issued formally and we admit the appeal and we do not detain ourselves from deciding the matter on merit.
It appears that the learned trial Judge by the impugned order has directed the first appellate authority to decide the application for condonation of delay and also on merit. We think that this cannot go together and this is contradictory by itself. We have understood the entire gamut of the order. It appears that the appellate authority without giving any reasons condoned the delay. Therefore, we modify the order of the learned trial Judge as under.
We set aside the orders of the appellate authority dt.21.1.2014 and 25.1.2014 and direct the appellate authority to decide the application for condonation of delay and pass appropriate order in accordance with law with reasons, and after deciding this application if the delay is condoned then the matter be heard on merit, otherwise not.
The writ appeal is accordingly disposed of. There will be no order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 15.4.2014 bnr