Donkaatchayamma vs. . K.Santhosha Rao
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Unknown Status
Order Date:3 Nov 2021
CNR:APHC010400012021
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble M.Satyanarayana Murthy
Listed On:
3 Nov 2021
Original Order Copy
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Order Text
MAIN CASE NO: C.C.No.1880 OF 2021
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 03.11.2021 | MSM,J | |
Issue notice to respondents. | |||
Post after four (4) weeks. | |||
_______ | |||
MSM,J<br>EPS | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P.No.20610 of 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
21.12.2019 | MSM,J | ||
Learned Government Pleader for Civil Supplies | |||
seeks time to file counter. Time is extended for filing | |||
counter for a period of two (02) weeks. | |||
As seen from the petition,<br>the petitioner sought |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
interim direction to suspend the impugned order and | |||
during<br>hearing<br>the<br>learned<br>counsel<br>for<br>petitioner | |||
highlighted the action of the 2nd respondent in passing | |||
the order calling for report of Tahsildar. | |||
After<br>completion<br>of<br>enquiry<br>on<br>05-12-2019 | |||
passing an order acting on discreet enquiry referred in | |||
page 5 of the order impugned in this Writ Petition is a | |||
serious irregularity and contrary to the principles laid | |||
down by the High Court of Judicature at Hyderabad | |||
for the State of Telangana and the State of Andhra | |||
Pradesh in W.P.Nos.22158 and 22190 of 2017, dated | |||
21-08-2018. Therefore, the order impugned in this | |||
Writ Petition is suspended for a period of two (02) | |||
months. | |||
In the meantime, the learned Government Pleader | |||
for Civil Supplies is<br>at liberty to file his counter. | |||
Post the matter after two (02) weeks. | |||
________<br>MSM, J | |||
IS | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.18307 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 18.11.2019 | MSM,J | |
W.P No.18307 of 2019 | |||
Issue notice to respondents Nos.2 and 3. The | |||
Standing Counsel for Endowments, takes notice for 3rd | |||
respondent. | |||
The learned Counsel for the petitioner is also | |||
permitted to take out personal notice to 2nd respondent | |||
by RPAD and file proof service into the Registry within | |||
four weeks. | |||
________<br>MSM, J | |||
I.A No.1of 2019 | |||
The petitioner is questioning G.O.Rt.No.1091 | |||
issued by Revenue (Endowments II) Department, dated | |||
01.11.2019,<br>superseding<br>the<br>existing<br>trust<br>board, | |||
before expiry of tenure of two years, only on the | |||
ground that in view of amendment with effect from | |||
22.08.2019 to Section 17 of A.P Charitable and Hindu | |||
Religious Institutions and Endowments Act, 1987, | |||
Endowments Department is competent to supersede | |||
the<br>existing<br>trust<br>board.<br>But<br>there<br>is<br>a<br>serious | |||
controversy about application of the G.O to already | |||
existing trust boards, more particularly whether it has | |||
got prospective or retrospective<br>effect<br>and thereby I | |||
find that there is prima facie case i.e. arguable case, in |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
favour of the petitioner. Hence, I find it is a fit case to | |||
grant interim order suspending the G.O for a period of | |||
one month. | |||
Accordingly,<br>G.O.Rt.No.1091,<br>Revenue | |||
(Endowments<br>II)<br>Department<br>dated<br>01.11.2019<br>is | |||
suspended<br>for<br>a<br>period<br>of<br>one<br>month.<br>In<br>the | |||
meanwhile the respondents are directed to file their | |||
counter. | |||
________<br>MSM, J | |||
Rvk | |||
MAIN CASE NO: W.P No.18054 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 14.11.2019 | MSM,J | |
W.P No.18054 of 2019 | |||
Since<br>the<br>petitioner<br>is<br>questioning<br>the | |||
amendment to Section 17 of<br>the amended Act<br>31 of | |||
2019, vide G.O.Rt No.1100 dated 06.11.2019 which | |||
created services in Trust Board,<br>in the writ petition, | |||
the<br>Registry is<br>directed<br>to list<br>the matter<br>before | |||
appropriate<br>bench,<br>as<br>per<br>Roster,<br>after<br>obtaining | |||
permission from the Hon'ble Chief Justice. | |||
________<br>MSM, J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.18038 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 12.11.2019 | MSM,J | |
W.P No.18038 of 2019 | |||
Standing Counsel for 3rd<br>respondent temple, | |||
seeks time to obtain instructions from the concerned. | |||
Post on 19.11.2019. | |||
________<br>MSM, J | |||
I.A No.1 of 2019 | |||
There shall be an interim direction, not to | |||
dispossess the petitioner till 19.11.2019. | |||
________<br>MSM, J | |||
Note: Issue C.C today.<br>b/o. | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.17848 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 12.11.2019 | MSM,J | |
W.P No.17848 of 2019 | |||
Learned Assistant Government Pleader for | |||
Endowments takes notice for respondent Nos.1 to 3. | |||
Sri<br>G.<br>Ramana<br>Rao,<br>Standing<br>Counsel<br>for | |||
Endowments takes notice for 4th respondent. | |||
Issue notice to<br>unofficial<br>respondent Nos.5 to | |||
11. The learned Counsel for the petitioner is also | |||
permitted to take out personal notice to respondent | |||
Nos.5 to 11 by RPAD and file proof of service into the | |||
Registry within two weeks. | |||
Post after two weeks. | |||
________ | |||
MSM, J | |||
I.A No.1 of 2019 | |||
As<br>seen<br>from<br>the<br>material<br>on<br>record, | |||
respondent Nos.5 to 11 were appointed as members of | |||
trust board for Sri Yogabhogeswara Swamy Temple, | |||
Chippili village, Madanapalli Mandal, Chittoor District, | |||
on the recommendation made by P.V Midhun Reddy, | |||
Member of Parliament, Lok Sabha. His letter dated | |||
16.10.2019,<br>disclose<br>the<br>recommendation<br>for | |||
appointment of the following persons: | |||
1.B. Venkata Ramana, S/o.B.Akkulappa, | |||
2.G. Gangulappa, S/o.G. Obuleshu, | |||
3.M. Ravi Kanth Reddy, S/o.M. Rama Chandra Reddy, | |||
4. P. Sujatha, W/o.P. Jayanarayana Reddy, |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
5.B. Eswaramma, W/o.B. Akkulappa, | |||
6.D. Jaya Prakash, S/o.D. Anjanappa, | |||
7.T. Visweswara Prasad, | |||
8.M. Saradamma. | |||
Yet, another contention raised before this Court | |||
is that no antecedents enquiry was conducted to | |||
appoint respondent Nos.5 to 11 as required under | |||
G.O.Ms.No.258<br>Revenue<br>(Endowments-I)<br>dated | |||
31.03.1988 and Clause 6 (1)<br>directs the appointing | |||
authority to cause verification of antecedents, through | |||
the subordinate officers or the authority may himself | |||
verify the antecedents in case of those applications | |||
received in pursuance of the notification issued under | |||
Sub-Rule (1) of Rule 4. But no such antecedents | |||
enquiry was conducted,<br>according to the Counsel for | |||
the petitioner. However, it is evident from the record | |||
that<br>on<br>the<br>recommendation<br>of<br>the<br>Member<br>of | |||
Parliament,<br>Lok<br>Sabha,<br>these<br>appointments<br>were | |||
made, prima facie contrary to the law declared by this | |||
Court in W.P No.4522 of 2000 dated 10.04.2000. | |||
In<br>another<br>judgment<br>reported<br>in<br>Pagadala | |||
Pratap and another v. State of A.P represented by | |||
its Principal Secretary to Government, Department | |||
of Revenue (Endowments), Hyderabad and others | |||
in 2010 (4) ALT 510, the Single Judge of High Court of | |||
A.P at Hyderabad, observed as follows: | |||
"While<br>public<br>representatives,<br>be<br>they<br>MLAs<br>or<br>Ministers,<br>may<br>be<br>entitled<br>to<br>recommend persons whom they consider to<br>be entitled for appointment as trustees of |
SL. | DATE | ORDER | OFFICE |
---|---|---|---|
NO. | religious<br>institutions,<br>neither<br>can<br>they<br>dictate<br>these<br>persons<br>be<br>appointed<br>as<br>trustees nor can the competent authority<br>surrender its discretion and abdicate its<br>statutory duty of appointing only those<br>persons<br>as<br>trustees<br>who<br>satisfy<br>the<br>conditions prescribed in Act 30 of 1987,<br>and<br>the<br>Trustees<br>Rules.<br>Only<br>those<br>recommended by the Minster of Information<br>and Public Relations, as forwarded to him<br>by the local M.L.A, (other than the two who<br>were found ineligible), have been blindly<br>appointed as trustees without adhering to<br>the statutory provisions of Act 30 of 1987<br>or<br>the<br>statutory<br>rules<br>i.e.<br>the Trustees<br>Rules,<br>1987.<br>Appointing<br>those<br>recommended by the Minister as trustees is<br>evidently<br>at<br>his<br>dictates,<br>and<br>reflects<br>surrender of discretion and abdication of<br>duty<br>by<br>the<br>competent<br>authority.<br>The<br>impugned<br>G.O,<br>appointing<br>only<br>those<br>recommended<br>by<br>the<br>Minister<br>for<br>information<br>and<br>Public<br>Relations,<br>as<br>trustees without independent exercise of<br>mind is ultra vires.<br>In view of the principles laid down in the<br>above judgment, appointment of respondent Nos.5 to<br>11,<br>based<br>on<br>the<br>recommendation<br>made<br>by<br>P.V<br>Midhun Reddy, Member of Parliament, Lok Sabha by<br>his letter dated 16.10.2019 is an illegality, prima facie,<br>if they are not ineligible.<br>Therefore,<br>the<br>proceedings<br>in<br>Rc.No.D1/14027(31)/10/2019<br>dated<br>18.10.2019,<br>appointing respondent Nos. 5 to 11 as members of<br>trust board for Sri Yogabhogeswara Swamy Temple,<br>Chippili village, Madanapalli Mandal, Chittoor District<br>is hereby suspended for a period of two (2) months. | NOTE | |
________<br>MSM, J<br>Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.17809 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 11.11.2019 | MSM,J | |
W.P No.17809 of 2019 | |||
Post on 18.11.2019. | |||
I.A No.1 of 2019 | |||
Heard the learned Counsel for the petitioner. | |||
In the meanwhile, considering his submissions, that | |||
in similar circumstances, in W.P No.12824 of 2019, this | |||
Court passed interim direction directing the respondents to | |||
restore the DIN number of the petitioner company; there | |||
shall be interim direction to the respondents to restore the | |||
DIN number of the petitioner company to enable it to | |||
discharge its statutory functions for all the companies | |||
which are classified as active. | |||
________<br>MSM, J<br>Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.17434 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 06.11.2019 | MSM,J | |
W.P No.17434 of 2019 | |||
Learned Government Pleader for respondent Nos.3 | |||
and 4 contended that the petitioner is an employee and the | |||
matter must go to the Bench dealing with service matters. | |||
In view of the submission, the learned Government | |||
Pleader for respondent Nos.3 and 4, is directed to file an | |||
affidavit, verifying the fact that the petitioner was an | |||
employee under the respondents. | |||
Post on 11.11.2019. | |||
________ | |||
MSM, J<br>Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.16572 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 02.11.2019 | MSM,J | |
W.P No.16572 of 2019 | |||
For filing counter by Assistant Government Pleader for Land | |||
Acquisition, post after two weeks. | |||
I.A No.1 of 2019 | |||
Heard the learned Counsel for the petitioners Sri D. Krishna | |||
Murthy<br>and<br>Assistant<br>Government<br>Pleader<br>for<br>Land | |||
Acquisition. | |||
The<br>petitioners<br>sought<br>interim<br>direction,<br>not<br>to | |||
dispossess the petitioner from their lands in pursuant to | |||
the<br>preliminary<br>notification<br>No.A/14/2018<br>dated | |||
06.03.2018<br>issued<br>under<br>Section<br>11<br>and<br>declaration | |||
No.A/14/2018 dated 23.10.2018 issued under Section 19 | |||
of Right to Fair Compensation and Transparency in Land | |||
Acquisition, Rehabilitation and Resettlement Act, Act 30 of | |||
2013, pending disposal of writ petition. | |||
The main grievance of the petitioner is that the Land | |||
Acquisition<br>Officer,<br>did<br>not<br>comply<br>the<br>mandatory | |||
requirement under Section 11 (1) (c) and (e) of Act 30 of | |||
2013, thereby their acquisition of the land itself is illegal. | |||
The basis for this<br>contention is the information, the | |||
petitioners obtained under Right to Information Act, from | |||
Gram Panchayat vide proceedings DT (1)/10/2019 dated | |||
28.09.2019 from Special Deputy Collector GNSS Unit – III | |||
Maddunuru. As per the information the respondents, did | |||
not comply Section 11 (1) (c) and (e) of Act 30 of 2013. | |||
Whereas, the respondents Counsel contended that every |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
rule for acquisition of land is complied and produced | |||
certain documents before this Court, during hearing and | |||
before filing counter in the main petition. The proceedings | |||
in<br>Rc.No.A/14/2018<br>dated<br>09.04.2018<br>is<br>relevant | |||
document which shows that the notification was published | |||
in Gram Panchayat, Tahsildar and Mandal Parishad Office, | |||
police<br>station<br>and<br>Sub-Registrar<br>Office<br>etc.,<br>so<br>also | |||
uploaded in the website. But it is a disputed question of | |||
fact and such question cannot be decided at this stage, | |||
without<br>inviting<br>counter,<br>since<br>the<br>entire<br>acquisition | |||
proceedings<br>vitiates<br>on<br>account<br>of<br>such<br>irregularity. | |||
Therefore, I find that it is appropriate to decide the main | |||
petition only after inviting counter, in view of the disputed | |||
question of fact, regarding publication of notification as | |||
mandated under Section 11 (1) (c) and (e) of Act 30 of 2013. | |||
However in view of the information furnished under Right to | |||
Information<br>Act,<br>referred<br>supra<br>discloses<br>that<br>the | |||
requirement is not complied prima facie. Having considered | |||
the facts and circumstances of the case and based on | |||
information collected under Right to Information Act, the | |||
respondents are directed not to dispossess the petitioners | |||
from their land in pursuant to notification No.A/14/2018 | |||
dated 23.10.2018 for a period of two months. | |||
In the meanwhile the respondents are directed to file | |||
their counter within two weeks from today, enabling this | |||
court to dispose of the main petition in accordance with | |||
law. | |||
________<br>MSM, J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.16762 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 25.10.2019 | MSM,J | |
W.P No.16762 of 2019 | |||
Implead<br>Smt.<br>Chandralekha,<br>member<br>of | |||
Udayasri Mahila Podupu Sangam as 4th respondent | |||
and issue notice to 4th<br>respondent, since she was | |||
already appointed as Fair Price Shop dealer<br>to Fair | |||
Price Shop No.1285110 of Anantapuramu Urban and | |||
Mandal. | |||
However,<br>the<br>order<br>impugned<br>in<br>the<br>writ | |||
petition is hereby suspended for a period of one | |||
month,<br>as<br>the<br>order<br>was<br>not<br>passed<br>by<br>the | |||
Committee<br>constituted<br>for<br>the<br>purpose<br>of | |||
recommending appointment of Fair Price Shop dealer | |||
in Annexure II of Andhra Pradesh State Targeted | |||
Public Distribution System (Control) Order, 2018. | |||
Post after two weeks. | |||
________ | |||
MSM, J | |||
Rvk | |||
SL. | DATE | ORDER | OFFICE |
---|---|---|---|
NO. | NOTE | ||
MAIN CASE NO: Crl.R.C No.1125 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 24.10.2019 | MSM,J | |
Crl.R.C No.1125 of 2019 | |||
Admit and notice. | |||
________<br>MSM, J | |||
I.A No.1 of 2019 | |||
This petition is filed under Section 397 (1) of | |||
Criminal Procedure Code, to suspend the substantive | |||
sentence of imprisonment and release the petitioner | |||
on bail. | |||
As seen from the record, the petitioner was | |||
on bail throughout the trial and during pendency of | |||
the appeal. Hence, I find it is a fit case to suspend | |||
the substantive sentence of imprisonment<br>in Crl.A | |||
No.487 of 2017 on the file of XII Additional District | |||
and Sessions Judge, Pithapuram. | |||
The substantive sentence of imprisonment is | |||
hereby suspended and the petitioner is ordered to be | |||
released<br>on<br>bail<br>on<br>execution<br>of<br>his<br>bond<br>for | |||
Rs.20,000/-<br>(Rupees Twenty Thousand Only)<br>with | |||
two sureties for a like sum each to the satisfaction of | |||
Assistant Sessions Judge, Pithapuram. | |||
________<br>MSM, J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.15301 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.10.2019 | MSM,J | |
W.P No.15301 of 2019 | |||
This<br>writ<br>petition<br>is<br>filed<br>seeking<br>writ<br>of<br>mandamus,<br>declaring the action of the respondent<br>Nos.4 and 5 in deducting the labour cess @ 1% of<br>the bills payable to the petitioner at the instance of<br>respondent Nos.1 to 3 as illegal, arbitrary and in<br>contravention<br>of<br>Memo<br>No.636/Reforms-A1/2008<br>dated 08.06.2011 and in contravention of Building<br>and other Construction Workers' Welfare Cess Act,<br>1996 and Rules made there under in agreement<br>No.07/2014-15 dated 30.05.2014. | |||
Heard the learned Counsel for the petitioner<br>and<br>the<br>learned<br>Government<br>Pleader<br>for<br>Panchayatraj. | |||
Learned Government Pleader for Panchayat Raj<br>would submit that this matter is squarely covered by<br>the orders of this Court passed in W.P Nos.2369 of<br>2019 and 2372 of 2019 and 10084 of 2018 wherein<br>this Court granted interim direction. | |||
In view of the similar facts and circumstances<br>of the case, there shall be interim direction to the<br>respondents not to deduct 1% labour cess from the<br>bills of the petitioner unless the same has been<br>included in the estimates.<br>Post after two weeks. | |||
_______<br>MSM,J<br>Rvk |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.16537 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.10.2019 | MSM,J | |
At<br>request<br>for<br>filing<br>counter,<br>post<br>on | |||
04.11.2019. | |||
Issue notice to the respondent Nos.3 and 4. | |||
The<br>learned<br>Counsel<br>for<br>the<br>petitioner<br>is<br>also<br>permitted to take out personal notice through RPAD | |||
and file proof of service in the Registry within two | |||
weeks.<br>_______ | |||
MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: W.P No.14389 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.10.2019 | MSM,J | |
At request of Government Pleader<br>for land | |||
acquisition, for filing counter, post after two weeks. | |||
It is brought to the notice of this Court that | |||
there is mistake in the cause title of 6th respondent, | |||
the Counsel for the petitioner is permitted to carry | |||
out the correction in the cause title, in the office of | |||
the Registry.<br>_______ | |||
MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.A S.R No.4489 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 28.09.2019 | MSM,J | |
I.A No.1 of 2019 | |||
Leave granted. The I.A is accordingly, ordered. | |||
_______<br>MSM,J | |||
I.A No.2 of 2019 | |||
The I.A is accordingly, ordered. | |||
_______<br>MSM,J | |||
Crl.A S.R No.4489 2019 | |||
Admit. | |||
_______<br>MSM,J<br>Rvk | |||
DATE | ORDER | OFFICE<br>NOTE |
---|---|---|
MAIN CASE NO: C.R.P No.2135 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 20.09.2019 | MSM,J | |
I.A No.2 of 2019 | |||
Heard. | |||
For the reasons, stated in the accompanying | |||
affidavit filed in support of the petition,<br>filing of | |||
certified copy order and decree dated 25.06.2018 is | |||
dispensed with. | |||
The I.A is accordingly, ordered. | |||
_______<br>MSM,J | |||
Rvk | |||
MAIN CASE NO: Criminal Petition No.4595 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 28.09.2019 | MSM, J | |
The main allegation against the Special Judge | |||
for SPE &<br>ACB cases at Nellore is that instead of | |||
recording examination in chief of the Investigating | |||
Officer, in the court, he took pen drive and the same | |||
is inserted in the computer and got print out. But the | |||
Counsel for the respondent, denied the allegation, | |||
while<br>contending<br>that<br>the<br>chief<br>examination<br>of | |||
Investigating Officer was commenced at 10.45 AM | |||
and completed by 7 PM on 06.09.2018. Thus, the | |||
assertion of the Counsel<br>for the respondent<br>is<br>that | |||
through out the day, only one witness was examined. | |||
In view, of<br>the<br>specific contention raised | |||
by the learned Counsel for the respondent,<br>the | |||
Registry is directed to call for report from the Special | |||
Judge for SPE &<br>ACB cases at Nellore, as to how | |||
many witnesses were examined on 06.09.2018 and | |||
how many<br>documents were marked, based on the | |||
dairy maintained in the office, within two weeks from | |||
today. | |||
List the matter on 14.10.2019. | |||
_______<br>MSM,J | |||
Rvk | |||
SL. | DATE | ORDER | OFFICE |
---|---|---|---|
NO. | NOTE | ||
MAIN CASE NO: Transfer Criminal Petition No.818 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 28.09.2019 | MSM, J | |
Notice. | |||
The learned Counsel for the petitioner is also | |||
permitted<br>to<br>take<br>out<br>personal<br>notice<br>to<br>the | |||
respondent<br>Nos.2<br>to<br>4<br>by<br>registered<br>post<br>with | |||
acknowledgment with due and file proof of service in | |||
the Registry within three weeks. | |||
Post after three weeks. | |||
_______<br>MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Criminal Appeal No.9695 OF 2018
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Criminal Petition No.1069 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 28.09.2019 | MSM, J | |
Post the matter in usual course. | |||
b/o | |||
Rvk | |||
I.A No.1 of 2019 | |||
This<br>petition<br>under<br>Section<br>397<br>(1)<br>of | |||
Criminal Procedure Code is filed to suspend the | |||
substantive sentence of imprisonment and enlarge | |||
this petitioner on bail. | |||
The case of the petitioner<br>is that, he was | |||
found guilty for the offence punishable under Section | |||
354<br>of Indian<br>Penal<br>Code<br>(for<br>short<br>I.P.C)<br>and | |||
sentenced him to undergo simple imprisonment for a | |||
period of two years and pay a fine of Rs.5,000/- for | |||
the offence punishable under Section 354 of I.P.C. | |||
The<br>petitioner<br>has<br>paid<br>the<br>fine<br>amount | |||
before the Additional Judicial Magistrate of First | |||
Class, Nandigama, at the time of filing appeal against | |||
the conviction and sentence passed in C.C No.260 of | |||
2017. The petitioner preferred an appeal in Crl.A | |||
No.449<br>of<br>2017,<br>challenging<br>the<br>conviction<br>and | |||
sentence<br>passed<br>by<br>the<br>Additional<br>Judicial | |||
Magistrate of First Class, Nandigama in C.C No.260 | |||
of 2017<br>and the sentence was suspended. Upon |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
hearing argument of both the counsel, considering | |||
the material available on record, the appellate court, | |||
confirmed<br>the<br>conviction<br>and<br>sentence<br>passed | |||
against this petitioner. | |||
It is the contention of the petitioner, that | |||
there are good grounds to succeed in the main appeal | |||
and requested to enlarge the petitioner, suspending | |||
the conviction and sentence passed against<br>this | |||
petitioner. | |||
Considering, the facts and circumstances of | |||
the case, the substantive sentence and imprisonment | |||
passed by the Additional Judicial Magistrate of First | |||
Class, Nandigama in C.C No.260<br>of 2017<br>dated | |||
27.11.2017 is hereby suspended. The petitioner shall | |||
be enlarged on bail on his execution of bond for | |||
Rs.20,000/-<br>(Rupees Twenty Thousand) with two | |||
sureties for a like sum each to the satisfaction of | |||
Additional<br>Judicial<br>Magistrate<br>of<br>First<br>Class, | |||
Nandigama. | |||
_______<br>MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Criminal Petition No.1071 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 28.09.2019 | MSM, J | |
Post the matter in usual course. | |||
b/o<br>Rvk | |||
I.A No.2 of 2019 | |||
This<br>petition<br>under<br>Section<br>397<br>(1)<br>of | |||
Criminal Procedure Code<br>is filed to suspend the | |||
substantive sentence of imprisonment and enlarge | |||
this petitioner on bail. | |||
The case of the petitioner<br>is that,<br>he was | |||
found<br>guilty<br>for<br>the<br>offences<br>punishable<br>under | |||
Sections 403, 420, 468 and 471 of Indian Penal Code | |||
(for short I.P.C) and sentenced him to undergo simple | |||
imprisonment for a period of six months<br>simple | |||
imprisonment<br>for<br>the<br>offence<br>punishable<br>under | |||
Section<br>403<br>of<br>I.P.C,<br>six<br>months<br>simple | |||
imprisonment<br>and<br>Rs.500/-<br>fine<br>for<br>the<br>offence | |||
punishable under Section 420 of I.P.C, six months | |||
simple<br>imprisonment<br>and<br>Rs.500/-<br>fine<br>for<br>the | |||
offence punishable under Section 468 of I.P.C and six | |||
months<br>simple<br>imprisonment<br>for<br>the<br>offence | |||
punishable under Section 471 of I.P.C. | |||
The<br>petitioner<br>has<br>paid<br>the<br>fine<br>amount | |||
before<br>the<br>Judicial<br>Magistrate<br>of<br>First<br>Class, |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
Srikakulam, at the time of filing appeal against the | |||
conviction and sentence passed in C.C No.751 of | |||
2014. The petitioner preferred an appeal in Crl.A | |||
No.90<br>of<br>2016<br>challenging<br>the<br>conviction<br>and | |||
sentence passed by the Judicial Magistrate of First | |||
Class, Srikakulam in C.C No.751 of 2014 and the | |||
sentence was suspended. Upon hearing argument of | |||
both the counsel, considering the material available | |||
on<br>record,<br>the<br>appellate<br>court,<br>confirmed<br>the | |||
conviction<br>and<br>sentence<br>passed<br>against<br>this | |||
petitioner. | |||
It is the contention of the petitioner,<br>that | |||
there are good grounds to succeed in the main appeal | |||
and requested to enlarge the petitioner, suspending | |||
the conviction and sentence passed against this | |||
petitioner. | |||
Considering, the facts and circumstances of | |||
the case, the substantive sentence and imprisonment | |||
passed by the Judicial Magistrate of First Class, | |||
Srikakulam in C.C No.751 of 2014 dated 07.09.2016 | |||
is hereby suspended. The petitioner shall be enlarged | |||
on bail on his execution of bond for Rs.20,000/- | |||
(Rupees Twenty Thousand)<br>with two sureties for a | |||
like<br>sum<br>each<br>to<br>the<br>satisfaction<br>of<br>Judicial | |||
Magistrate of First Class, Srikakulam. | |||
_______<br>MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Criminal Petition No.4795 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 27.09.2019 | MSM, J | |
Notice before admission. | |||
The learned counsel for the petitioners is also | |||
permitted to take out personal notice to the 2nd | |||
respondent by registered post with acknowledgment | |||
due and file proof of service in the registry within | |||
three weeks. | |||
Post after three weeks. | |||
_______<br>MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.R.C No.1000 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
At request, post on 24.09.2019. | |||
b/o.<br>Rvk | |||
2. | 27.09.2019 | MSM, J | |
Notice before admission. | |||
The learned counsel for the petitioner is also<br>permitted to take out personal notice to the 2nd<br>respondent by registered post with acknowledgment<br>due and file proof of service in the registry within<br>three weeks. | |||
Post after vacation. | |||
_______<br>MSM,J | |||
I.A No.1 of 2019 | |||
There shall be interim suspension of order<br>dated 13.10.2017 C.C No.246 of 2017 passed by the<br>Additional Judicial Magistrate of First Class, Bapatla<br>and the petitioner is directed to be released on bail<br>on execution of his bond for Rs.20,000/-<br>(Rupees<br>Twenty Thousand Only) with two sureties for a like<br>sum each to the satisfaction of Additional Judicial<br>Magistrate of First Class, Bapatla. | |||
________<br>MSM,J<br>Rvk |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.R.C No.932 OF 2019
DATE | ORDER | OFFICE<br>NOTE |
---|---|---|
23.09.2019 | MSM,J | |
No representation, post on 24.09.2019. | ||
b/o.<br>Rvk | ||
24.09.2019 | MSM,J | |
I.A No.1 of 2019 | ||
Heard. | ||
For the reasons, stated in the accompanying | ||
affidavit filed in support of the petition, the delay of | ||
10 days in representing Crl.R.C.SR No.6434 of 2019 | ||
is condoned. | ||
The I.A is accordingly, ordered. | ||
MSM,J | ||
I.A No.2 of 2019 | ||
The learned counsel for the petitioners is also | ||
permitted to take out personal notice to the 2nd | ||
respondent by registered post with acknowledgment | ||
due and file proof of service in the registry within | ||
four weeks. | ||
List after four weeks. | ||
_______ | ||
_______<br>Notice.<br>MSM,J<br>Rvk |
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.R.C No.999 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 24.09.2019 | MSM,J | |
Notice before admission. | |||
The learned counsel for the petitioners<br>is | |||
also permitted to take out personal notice to the 1st | |||
respondent through RPAD and file proof of service in | |||
the registry within three weeks. | |||
List immediately after vacation. | |||
_______<br>MSM,J | |||
I.A No.1 of 2019 | |||
There shall be interim suspension of order in | |||
Tr.Crl.M.P No.6 of 2019 dated 25.07.2019 on the file | |||
of Principal District Judge, Ongole. | |||
_______<br>MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.R.C No.1003 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 24.09.2019 | MSM,J | |
Issue notice. | |||
The learned counsel for the petitioners<br>is | |||
also permitted to take out personal notice to the 1st | |||
respondent through RPAD and file proof of service in | |||
the registry within three weeks. | |||
List immediately after vacation. | |||
_______<br>MSM,J | |||
I.A No.1 of 2019 | |||
There shall be interim suspension of order in | |||
Tr.Crl.M.P No.6 of 2019 dated 25.07.2019 on the file | |||
of Principal District Judge, Ongole. | |||
_______<br>MSM,J | |||
Rvk | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.R.C No.1006 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 24.09.2019 | MSM,J | |
Notice before admission. | |||
The learned counsel for the petitioner is also | |||
permitted to take out personal notice to the<br>1st | |||
respondent by registered post with acknowledgment | |||
due and file proof of service in the registry within | |||
three weeks. | |||
List after three weeks. | |||
_______<br>MSM,J | |||
Rvk | |||
MAIN CASE NO: Crl.R.C No.946 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
Notice | |||
The learned counsel for the petitioner is also | |||
permitted to take out personal notice to the 1st | |||
respondent by registered post with acknowledgment | |||
due and file proof of service in the registry within | |||
three weeks. | |||
List on 18.10.2019. | |||
________<br>MSM, J | |||
Rvk | |||
MAIN CASE NO: Crl.R.C No.966 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
No representation, post on 18.10.2019. | |||
b/o | |||
Rvk | |||
MAIN CASE NO: Crl.R.C No.958 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
Notice before admission. | |||
The learned counsel for the petitioner is also | |||
permitted to take out personal notice to the 2nd | |||
respondent by registered post with acknowledgment | |||
due and file proof of service in the registry within | |||
three weeks. | |||
List on 18.10.2019. | |||
________<br>MSM, J | |||
I.A No.1 of 2019 | |||
This petition, is allowed, subject to furnishing | |||
certified copy of the order within one month. In the | |||
event of failure to furnish certified copy, the main | |||
revision shall be rejected automatically. | |||
________<br>Rvk<br>MSM, J | |||
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
MAIN CASE NO: Crl.R.C No.990 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
Notice. | |||
The learned counsel for the petitioner is also | |||
permitted to take out personal notice to the 1st | |||
respondents by registered post with acknowledgment | |||
due<br>and file proof of service in the registry within | |||
three weeks. | |||
List on 18.10.2019. | |||
_______<br>MSM,J | |||
Rvk | |||
MAIN CASE NO: Crl.R.C No.991 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
Notice before admission. | |||
The learned counsel for the petitioner is also | |||
permitted<br>to<br>take<br>out<br>personal<br>notice<br>to<br>the | |||
respondent<br>Nos.1<br>to<br>9<br>by<br>registered<br>post<br>with | |||
acknowledgment due and file proof of service in the | |||
registry within one week. | |||
List on 01.10.2019. | |||
_______<br>MSM,J | |||
Rvk | |||
MAIN CASE NO: Crl.R.C No.992 OF 2019
MAIN CASE NO: Crl.R.C No.994 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019<br>MSM,J<br>Rule nisi. Call for records. | ||
Notice returnable in three weeks. | |||
The learned counsel for the petitioner is also | |||
permitted to take out personal notice to<br>2nd<br>RPAD | |||
respondent by registered post with acknowledgment | |||
due<br>and file proof of service in the registry within | |||
three weeks. | |||
List on 18.10.2019. | |||
_______<br>MSM,J | |||
Rvk | |||
MAIN CASE NO: Crl.R.C No.996 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019 | MSM,J | |
Notice. | |||
The learned counsel for the petitioner is also | |||
permitted to take notice to the counsel appearing for | |||
the respondent/complainant in Crl.M.P No.972 of | |||
2019 in C.C No.105 of 2019 on the file of Judicial | |||
Magistrate of First Class, Railway Kodur. | |||
List on 30.09.2019. | |||
_______ | |||
MSM,J<br>RVK | |||
MAIN CASE NO: Crl.R.C No.957 OF 2019
1. | 23.09.2019 | MSM,J | |
---|---|---|---|
I.A No.1 of 2019 | |||
This petition, is allowed, subject to furnishing | |||
certified copy of the order within one month. In the | |||
event of failure to furnish certified copy, the main | |||
revision shall be rejected automatically. | |||
________<br>Rvk<br>MSM, J | |||
I.A No.2 of 2019 | |||
This petition is filed to suspend the orders passed | |||
by the III Additional Judicial Magistrate of First | |||
Class, Ongole in DVC No.19 of 2014 and confirmed | |||
by the appellate court i.e. VII Additional District & | |||
Sessions Judge, Ongole in Crl. Appeal No.107 of | |||
2016, whereby the petitioner was directed to pay | |||
maintenance<br>@<br>Rs.5,000/-<br>per<br>month<br>and<br>pay | |||
compensation of Rs.1,00,000/-<br>(Rupees One Lakh | |||
only). | |||
Considering the facts and circumstances of | |||
the case, the order to the extent of payment of half of | |||
the compensation is suspended for a period of one | |||
month,<br>while<br>directing<br>the<br>petitioner<br>to<br>pay | |||
maintenance as directed by the trial court in DVC | |||
No.19<br>of<br>2014<br>and<br>Rs.50,000/-<br>towards | |||
compensation to the respondent, within two weeks | |||
from the date of order. In the<br>event of failure to | |
---|---|
comply any of the directions of the order, the petition | |
shall stand dismissed automatically. | |
The<br>counsel<br>for<br>the<br>petitioner<br>herein<br>is | |
permitted to furnish a copy of the order before the III | |
Additional Judicial Magistrate of First Class, Ongole. | |
________<br>Rvk<br>MSM, J | |
Note: | |
Issue C.C by tomorrow. | |
B/O<br>Rvk | |
MAIN CASE NO: Crl.R.C No.1011 OF 2019
SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
---|---|---|---|
1. | 23.09.2019<br>MSM,J | ||
Notice before admission. | |||
The learned counsel for the petitioner is also | |||
permitted<br>to<br>take<br>out<br>personal<br>notice<br>to<br>the | |||
respondents 1 to 3 through RPAD and file proof of | |||
service in the registry within two weeks. | |||
List on 18.10.2019. | |||
_______<br>MSM,J | |||
RVK | |||
THE HON'BLE SRI JUSTICE D.V.S.S. SOMAYAJULU
1. | Whether Reporters of Local newspapers<br>may be allowed to see the Judgments ? | Yes/No |
---|---|---|
2. | Whether the copies of judgment may be<br>Marked to Law Reporters/Journals ? | Yes/No |
3. | Whether Their Ladyship/Lordship wish<br>To see the fair copy of the Judgment ? | Yes/No |
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