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Andhra Pradesh High Court - Amravati

Anti Corruption Bureau vs P Prabhakar Rao, on 10 December, 2020

Author: D Ramesh

Bench: D Ramesh

axe

. [3212]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND
TWENTY

: PRESENT:
THE HONOURABLE SRI JUSTICE RAKESH KUMAR

AND
THE HONOURABLE SRI JUSTICE D RAMESH

 

IA No. 2 OF 2020
IN
WA NO: 398 OF 2020
Between:
Anti Corruption Bureau, for the State of Andhra Pradesh, represented by the
Director General, Anti Corruption Bureau, @ PN Bus Station, Dr.NTR
Administrative Building, 2nd Floor, Vijayawada, Krishna District. Through
Standing Counsel-cum-Spl.P.P for ACB, (Rayalaseema Region) at High Court of
Andhra Pradesh at Amaravathi,
...Appellant
(Petitioner in WA 398 OF 2020
on the file of High Court)
AND
4. P Prabhakar Rao,, S/o.P.Ramaiah, aged 60 years, Retired P & E Head
~ Constable, O/o.Asst.Commissioner Proh and Excise, Enforcement,
Nellore R/o.D.No.26/2/224, (Opp.Nippo Factory) Chandra Mouli Nagar,
3rd cross road, Nellore 4, Andhra Pradesh.
veaeee Respondent/Writ Petitioner
2. The State of Andhra Pradesh, rep by its Special Chief Secretary, Revenue
Excise, 4th Block, Ground Floor, Room No 134, A P Secretariat,
Velagapudi Amaravathi, Guntur District
3. The Commissioner of Proh. and Excise, State of Andhra Pradesh, Rs No
882B Sai Vihar Apartments, Poultry Farm, Road Prasadampadu,
Vijayawada, Krishna District
4. The Tribunal for Disciplinary Proceedings, TDP for the State of Andhra
Pradesh, rep by its Secretary, Nampally Hyderabad
_..Respondent/Respondents
(Respondents in-do-)
Counsel for the Petitioner: Sri.S.M.Subhani (SC for ACB)
Counsel for the Respondent No.1: Sri.Ramalingeswara Rao Kocharlakota
Counsel for the Respondent Nos.2 to 4: GP for Prohibition & Excise

Petition under Section 5 of Limitation Act praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to condone the delay of 152 days in presentation of the Writ Appeal
against the Judgment dated 01.10.2020 in W.P.15416 of 2019 of on the file of the
Hon'ble High Court, pending disposal of WA No. 398 of 2020.

The court while directing issue of notice to the Respondents herein to
show cause as to why this application should not be complied with, made the

following order.(The receipt of this order will be deemed to be the receipt of
notice in the case). The Court made the following:

ORDER:

[Proceedings taken up through video conferencing) Heard Sri S.M.Subhani, learned Standing Counsel for ACB, appearing on behalf of the writ appellant.

Issue notice to the respondent/writ petitioner on I.A.No.2 of 2020, which has been filed condoning delay of 152 days in filing the Writ Appeal.

Notice to go through ordinary post as well as speed post for which requisites must be filed within two weeks.

List this Appeal immediately either after appearance of respondent/writ petitioner or after receipt of service of notice, whichever is earlier.

SD/- Tata Rao ASSISTANT REGISTRAR I(TRUE COPY// KBedat boos For ASSIS ANT REGISTRAR To,

1. P Prabhakar Rao,, S/o.P.Ramaiah, aged 60 years, Retired P & E Head Constable, O/o.Asst.Commissioner Proh and Excise, Enforcement, Nellore R/o.D.No.26/2/224, (Opp.Nippo Factory) Chandra Mouli Nagar, 3rd cross road, Nellore 4, Andhra Pradesh.(by RPAD) One CC to Sri.Ramalingeswara Rao Kocharlakota, Advocate (OPUC) One CC to Sri.S.M.Subhani, Standing Counsel [OPUC] Two CCs to GP for Prohibition & Excise, High Court of A.P. (OUT) Two spare copies Fn neon Ss HIGH COURT RKJ & DRJ DATED:10/12/2020 NOTE: LIST THIS APPEAL IMMEDIATELY EITHER AFTER APPEARANCE OF RESPONDENT/WRIT PETITIONER OR AFTER RECEIPT OF SERVICE OF NOTICE, WHICHEVER IS EARLIER ORDER

1.A.NO.2 OF 2020 IN WA.No.398 of 2020 5 JAN 202i