IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.454 of 2003 Between: ..... PETITIONER AND .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Counsel for the Petitioner:MR.MAHMOOD ALI Counsel for the Respondent No.: MR.M.NARENDER REDDY The Court made the following: Form-NIC-OGS/WP{ } THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.454 of 2003 ORDER: It is stated that the petitioner filed an application to transfer the B-Form licence of Shakuntal Picture Palace, Miryalaguda in his favour, but while transferring the B-Form licence of Raghava theatre, Miryalaguda in favour of the petitioner, transferred the B-Form licence of Shakuntal picture palace, Miryalaguda in favour of his step mother i.e. the 6th respondent. Aggrieved by the said order of the Joint Collector & District Magistrate, Nalgonda in Proceedings No.C1/4285/2002, dated 30.07.2002, it is stated that the petitioner filed an appeal before the Government-1st respondent on 07.11.2002 along with an application to condone the delay of 32 days in filing the appeal dated 08.11.2002 which are said to have been filed on 14.11.2002. But the Government vide memo No.40408/Genl.A1/2002-01, dated 04.12.2002 while referring the appeal petition dated 13.11.2002 stating that the appeal has been filed beyond the stipulated period of 30 days, rejected the same. The petitioner questions the said order of the Government dated 04.12.2002. In the writ affidavit, no particulars have been mentioned about the date of appeal petition and the date of the delay condonation petition, but during course of arguments, the miscellaneous application dated 08.11.2002 seeking to condone the delay of 32 days in filing the appeal in which the endorsement of the Government, Home (Tappal) Department dated 14.11.2002 is there has been placed on record. It is stated that the said delay condonation petition received on 14.11.2002 has not been considered, but simply rejected the appeal on the ground that appeal has been filed beyond the stipulated period of 30 days. Under Rule 18 of Andhra Pradesh Cinemas (Regulation) Rules 1970, no doubt appeal has to be filed within 30 days, but there is a provision to condone the delay if sufficient cause is shown in not preferring an appeal within 30 days. If no affidavit has been filed showing sufficient cause to condone the delay, I am of the opinion that the Government ought to have rejected the said application on the ground that there was no affidavit showing sufficient cause, but when a petition was filed seeking condonation of delay and is pending, there cannot be any justification in not considering the said application. Having regard to the facts of the case, the order of the Government in Memo No.40408/Genl.A1/2002-1, dated 04.12.2002 is set aside and the matter is remitted back to the Government for re-consideration of the issue relating to application filed by the petitioner to condone the delay of 32 days in filing the appeal which was received on 14.11.2002. The Writ Petition is, accordingly, allowed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 25.06.2008 Dsr Note: Issue copy in one week B/o Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 2 2. 2CCs to 3. 2CD copies