Telangana High Court
WP/39505/2012 of C. Venkatesan, Vs The Commissioner of Prohibition and Excise, on 28 December 2012
SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.39505 of 2012 ORDER: The action of the first respondent in refusing to entertain the petitioner’s appeal as having been filed belatedly, and in passing the order dated 27.11.2012, is questioned in this Writ Petition as being
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Conclusion
THE HON’BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No.39505 of 2012
ORDER:
The action of the first respondent in refusing to entertain thepetitioner’s appeal as having been filed belatedly, and in passing theorder dated 27.11.2012, is questioned in this Writ Petition as beingarbitrary and illegal.
In the affidavit filed in support of the Writ Petition the petitionerasserts that the appeal was filed within sixty days from the date ofreceipt of a copy of the order; and the first respondent had erred incalculating the limitation prescribed from the date of the order till thedate of filing of the appeal, instead of from the date the petitionerreceived a copy of the order.
When the matter came up on 26.12.2012, learned GovernmentPleader for Prohibition and Excise sought time to obtain instructions. Today the learned Government Pleader, on instructions, would fairlystate that the petitioner had preferred the appeal within sixty days fromthe date on which he received a copy of the order impugned in theappeal. In view of the submission now made by the learned GovernmentPleader for Prohibition and Excise, across the bar, the impugned order isset aside; and the first respondent is directed to consider the petitioner’sappeal in accordance with law, and pass orders thereupon, within twomonths from today.
The Writ Petition is disposed of accordingly. The miscellaneouspetitions pending, if any, shall also stand disposed of. There shall be noorder as to costs.
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(RAMESH RANGANATHAN, J)28.12.2012
Note: Issue C.C in one week.B/o. vs