Appeal filed beyond condonable period after writ proceedings disposal not maintainable

Last updated: 14 November 2024

Quick Summary

The Andhra Pradesh High Court ruled that an appeal filed after writ proceedings have been concluded, and beyond the permissible time limit, is not maintainable. This decision clarifies that if a writ petition is entertained and disposed of with conditions, the petitioner cannot subsequently file an appeal to avoid those conditions. The court emphasised that choosing a writ petition over a statutory appeal binds the petitioner to the writ's outcome, and filing a new appeal in such cases constitutes an abuse of the court's process.

Court :
Andhra Pradesh High Court

Brief :
The Hon'ble Andhra Pradesh High Court, in the case of M/s Reddy Enterprises v. Appellate Authority & Additional Commissioner (ST), Vijayawada [Writ Petition No. 12355 of 2024 dated July 05, 2024] held that the appeal filed beyond condonable period after disposal of the writ petition in favour of the Petitioner by granting relief of setting aside of order subject to certain conditions is not maintainable. However, an alternate view has arisen wherein the Hon'ble High Court has relied upon the judgment of the Hon'ble Supreme Court and stated that "the period from the date of filing of the writ petition and the date on which it was dismissed as not entertained should have been excluded, in terms of Section 14 of the Limitation Act." as in the said case the writ petition was dismissed on account of availment of alternate remedy of appeal.

Citation :
Writ Petition No. 12355 of 2024 dated July 05, 2024

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