Andhra Pradesh High Court - Amravati
Kothapalli Geeta vs The State Of Ap on 26 December, 2023
Author: B Krishna Mohan
Bench: B Krishna Mohan
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE: W.P No. 33150 of 2023
PROCEEDING SHEET
Sl.No. Office
DATE ORDER Note
01. 26.12.2023 BKM, J
Heard the learned Senior Counsel for the
petitioner and the learned counsel for the
petitioner is permitted to take out personal
notices to the respondent Nos. 3 and 4 and
proof of service shall be filed within a period of three (3) weeks from today.
List after 23.01.2024.
This writ petition is filed seeking the prohibition against the continuation of appeal No. 33321 of 2016 before the 1st respondent against the proceedings of the Collector and District Magistrate, Kakinada, East Godavari District in reference No. C5 (M)/720/2008 dated 19.07.2016.
The learned counsel for the petitioner submits that earlier, appellants therein filed W.P.No. 10547 of 2023 without impleading the petitioner herein and the same was disposed by this court on 28.04.2023 directing the 1st respondent therein to consider the appeal pending before it strictly in accordance with law by disposing the same within four (4) months from the date of receipt of that order copy by giving due opportunity to the writ petitioner 2 herein also who is made as the 3rd respondent in the appeal.
Thereafter when the matter was posted on 16.12.2023, the petitioner's counsel appeared before the appellate authority and sought time for filing objections before it but the same was not considered and the 1st respondent expressed that he will pass his own orders and he did not receive any papers which are tried to be served by the petitioner's Advocate as a counsel for the 3rd respondent in the appeal.
On the other hand, the learned Assistant Government Pleader for Social Welfare seeks time to find out the status of the appeal before the 1st respondent herein.
In view of the above said facts and circumstances, already as there are directions of this court in W.P.No. 10547 of 2023 dated 28.04.2023, due opportunity shall be given to the 3rd respondent therein in the appeal/the writ petitioner herein before the disposal of the main appeal by the 1st respondent. It is open for the petitioner herein to file her objections within a period of two (2) weeks from the date of receipt of this order before the 1st respondent and the same shall be considered in due course by the 1st respondent strictly in accordance with law for the disposal of main appeal. Giving due opportunity to all the parties therein, appropriate order shall be passed in the main appeal by the respondent No. 1.
3The mere pendency of this writ petition does not preclude for the 1st respondent to dispose of the appeal on merits.
Till filing of the objections by the petitioner as indicated above only, the 1st respondent shall not dispose of the appeal.
_________ BKM, J UPS