Andhra Pradesh High Court - Amravati
Kandukuri Narasimha Rao vs The State Of Andhra Pradesh on 15 November, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE: W.P. No. 35495 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
04. 15.11.2022 RNT, J
Sri G. Naresh Kumar, learned counsel,
representing respondent No.2 based on written
instructions submitted that on 08.11.2022 as per the track consignment report provided to him and placed before the Court on that date on behalf of the Corporation, as per the entry dated 28.09.2022 at 16.46.42, the item delivery was confirmed.
2. Today, Sri G. Naresh Kumar, learned counsel, representing respondent No.2, submits based on further instructions that the registered letter containing the notice was returned to the Corporation with the endorsement dated 27.09.2022 "no such person in this address, returned to the sender".
3. The petitioner‟s case throughout is that the notice was not served to the petitioner and any registered letter was not served.
4. Thus, contradictory instructions were provided by the Corporation to its standing counsel and placed before the Court.
5. Taking a serious view of the matter, the Commissioner of the 2nd respondent shall file his 2 SL. DATE ORDER OFFICE NO. NOTE personal affidavit, explaining the above, by the next date.
6. Further, in view of the inconsistency between the two track consignment records of the same consignment, one produced by the petitioner‟s counsel and the other by Sri G. Naresh Kumar with respect to one entry dated 28.09.2022 at 12:36:05, and showing of „item delivery confirmed‟ in both the track consignment reports, where the registered post was returned unserved, to the sender, the Post Master, Head Post Office, Vijayawada shall also submit a report on the above points by the next date of listing, positively.
7. Let a copy of this order along with copy of the order dated 08.11.2022 be served to the Post Master, Head Post Office, Vijayawada, by 16.11.2022.
8. Post on 23.11.2022.
9. Interim order granted earlier is extended till the next date of listing.
_________ RNT, J Dsr