THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.1714 of 1999 DATED:04.02.2008 Between: B.S.R.K.Raju. …Petitioner And Zonal Manager, Central Bank of India, Hyderabad. and others. ..Respondents. THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.1714 of 1999 ORDER: Heard Sri K.Venkatesh, learned counsel for the petitioner, and Sri C.V.Rajeeva Reddy, learned Standing Counsel for the respondent- Bank. After elaborate submissions were advanced, both on behalf of the petitioner and on behalf of the respondent-Bank, Sri K.Venkatesh, learned counsel for the petitioner, would state that instead of seeking an adjudication on merits from this Court, the petitioner would file an appeal before the appellate authority and that a direction be given to the appellate authority to condone the delay in preferring the appeal, entertain and decide the appeal on merits. Learned counsel would state that the delay, if any, is only on account of the pendency of the Writ Petition before this Court and the mere fact that he had availed the constitutional remedy under Article 226 of the Constitution of India should not be put against him in rejecting the appeal solely on the ground of delay. The submission of the learned counsel for the petitioner, that the period during which the writ petition was pending before this Court ought not to be taken into consideration in computing the delay in preferring the appeal, cannot be said to be without merits. Since, however, the petitioner has not even preferred an appeal, it is not for this Court to presume that the appellate authority would reject the appeal, if any, preferred by the petitioner, solely on the ground of delay. It is not for this Court to issue a mandamus to the appellate authority to condone the delay, more so, when an appeal has not even been preferred. Leaving it open to the petitioner to avail the remedy of an appeal, as provided for in the bipartite settlement, the Writ Petition is dismissed. However, in the circumstances, without costs. __________ 04.02.2008 GJ