Telangana High Court
WP/25041/2004 of The Secunderabad Club, Vs The Appellate Authority under S.274 of the Cantonments Act, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25041 of 2004 Between: The Secunderabad Club, Secunderabad, rep. by its Secretary.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 25041 of 2004
Between:
The Secunderabad Club, Secunderabad, rep. by its Secretary.
AND
..... PETITIONER
1 The Appellate Authority under S.274 of the Cantonments Act, GOC Incharge,Southern Command, Pune.
2 the Cantonment Executive Officer, Secudnerabad Cantonment, Secunderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toIssue a Writ, Order or direction in the nature of mandamus or otherwise declaringthat the impugned proceedings of the Appellate authority dt. 21.5.2004 ( AnnexureIV) is arbitrary, illegal and ultra vires the powers of the First Respondent andconsequently set aside the same by directing the first respondent to hear anddispose of the appeal of the Petitioner bearing No.11/97 in accordance with law onmerits preferably by fixing a date while the first respondent is on camp atSecunderabad or otherwise.
Counsel for the Petitioner: MR.VILAS V.AFZULPURKAR
Counsel for the Respondents: MR.DEEPAK BHATTACHARJEE
The Court made the following :
HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25041 OF 2004
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ORDER:
This writ petition is directed against the order of the first respondent dated 21.5.2004dismissing the Appeal No.11/1997 for non-cooperation of the petitioner counsel.
It is submitted by the learned counsel for the petitioner that the earlier counsel, whowas representing the matter before the first respondent in the said appealNo.11/1997, has died and an alternate arrangement is made and the same is thereason for non-prosecution of the said appeal before the first respondent.
Both the counsel agreed for disposal of the writ petition with a direction to the firstrespondent to give one more opportunity to the petitioner.
In that view of the matter, the writ petition is disposed of with the following direction.
The Appeal No.11/1997 is restored to the file of the first respondent-AppellateAuthority and the first respondent-appellate authority is directed to take the same onits file and shall fix a date for hearing after four weeks, from the date of receipt of thisorder, and the same shall be intimated to the petitioner and the petitioner or hiscounsel must appear before the Appellate Authority on the date so fixed by the it. Ifthe petitioner seeks any adjournment, the Appellate Authority is at liberty to passfinal order in the said appeal.
With the above observation, the writ petition is disposed of. No costs.
mdaa.
31.12.2004.
Copy to:
1 The Appellate Authority under S.274 of the Cantonments Act, GOC Incharge,Southern Command, Pune.Southern Command, Pune.
2 the Cantonment Executive Officer, Secudnerabad Cantonment, Secunderabad.
3. Two C.D.copies.