M Appa Rao vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble U.Durga Prasad Rao
Listed On:
6 Mar 2020
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Order Text
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
WRIT PETITION No.3344 of 2020
ORDER:
When the matter came up for hearing today, learned Government Pleader for Endowments, on instructions, would submit that as per the proceedings Rc.No.A5/886/2019, dated 13.01.2020 of the 3rd respondent, it is the Inspector, Endowments Department, Ongole, who is authorized to administer the oath and secrecy to the Single Trustee upon intimating date and time to the single trustee as per Rules and submit oath forms; and in view of the order being specific, the 5th respondent is not concerned with the administration of oath and the role of the 5th respondent commences after petitioner takes charge as single trustee when Executive Officer is required to hand over complete charge of accounts and records, movable and immovable properties of the subject tank to the petitioner.
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Learned Government Pleader tried to convince the Court for the delay on the ground that since the petitioner has not submitted the sworn affidavit, even upon intimation by the Inspector, oath could not be administered. On the enquiry of this Court as to whether the Inspector, Endowments Department has sent any written communication to the petitioner, learned Government Pleader could not produce any record to that effect.
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In these circumstances, the 4th respondent, who is the Assistant Commissioner under whom the Inspector of Endowments is said to be
working, is directed to give instructions to the Inspector, Endowments to send communication to the petitioner in writing about the formalities that have to be fulfilled by the petitioner before administering oath by giving sufficient time. Upon receiving communication from the Inspector, Endowments, the petitioner shall fulfil the necessary formalities and thereupon the Inspector of Endowments shall communicate to the petitioner about the date of oath. The entire exercise shall be completed expeditiously. With the above observations, this writ petition is closed.
As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed. No costs.
U.DURGA PRASAD RAO, J
06.03.2020
Note: issue C.C. by 10.03.2020. B/o.SS