APHC010591902012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26791/2012 Between: Valluri Venkateswara Rao, ...PETITIONER AND The Deputy Commissioner Of Laborcum and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR LABOUR 2. NAGA PRAVEEN VANKAYALAPATI The Court made the following Order: The petitioner is challenging the proceedings passed by the 1st respondent in I.A.No.1 of 2011 in W.C.M.P.No.2 of 2007, whereby the 1st respondent dismissed the I.A. filed by the petitioner for setting aside the order of dismissal of the case, W.C.M.P.No.2 of 2007. 2. The learned counsel for the petitioner submits that the petitioner was unwell and has submitted a medical certificate issued by a Doctor dated 15.10.2011. Although the 1st respondent 2 recorded the submission of the medical certificate, the petition was dismissed on the ground that the abnormal delay could not be denied. 3. It is submitted by the learned counsel for the petitioner that the petitioner is an uneducated lorry driver who was completely dependent on his counsel, who submitted the application for setting aside the order of dismissal of W.C.M.P.No.2 of 2007 for non- prosecution. It is further submitted by the learned counsel for the petitioner that the petitioner has a fair chance of success in his case before the Workmen’s Compensation Court, as the petitioner has suffered permanent disability on account of the accident. The M.V.O.P filed by the petitioner was returned with an objection to be submitted before the competent court seeking compensation under the Workmen’s Compensation Act. As such, the petitioner approached the 1st respondent. However, for various reasons, the petitioner could not attend the 1st respondent and pursue his case for compensation. 4. This Court is inclined to allow the writ petition by directing the 1st respondent to restore W.C.M.P.No.2 of 2007 to the file and 3 dispose off the same within a period of four (04) months from the date of receipt of this order, duly granting ample opportunity to both the petitioner and the respondents therein. 5. With these observations, the writ petition is allowed. The impugned proceedings passed in I.A.No.1 of 2011 in W.C.M.P.No.2 of 2007 are herewith set aside; W.C.M.P.No.2 of 2007 is hereby restored to the file. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 06.02.2025 NKA 4 41 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.26791 of 2012 Date: 06.02.2025 NKA