Birru Prathap Reddy vs. The State Of Andhra Pradesh

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).1314/2020 (Arising out of impugned final judgment and order dated 08-01-2020 in WPPIL No. 2/2020 passed by the High Court Of Andhra Pradesh At Amravati) BIRRU PRATHAP REDDY Petitioner(s) VERSUS THE STATE OF ANDHRA PRADESH & ORS. Respondent(s) (With IA No. 6389/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 6388/2020 - PERMISSION TO FILE SLP WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER) WITH SLP(C) No. 1024/2020 (XII-A) (FOR ADMISSION and I.R. and IA No.7070/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 15-01-2020 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE B.R. GAVAI

HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Ms. Prerna Singh, Adv. Ms. Jesal Wahi, AOR Ms. Puja Singh, Adv. Ms. Anjana Prakash, Sr. Adv. Ch. Leela Sarveswar, Adv. Mr./Ms. T. Kiran, Adv. Mr. D. Srinivas, Adv. Mr. Galla Satish, Adv. Mr. Somanatha Padhan, AOR For Respondent(s) Mr. R. Venkataramani, Sr. Adv. Mr. G. N. Reddy, AOR

Mr. T. Vijaya Bhaskar Reddy, Adv. Mr. C. Soman, Adv. Mr. Yeshraj Singh Bundela, Adv. Mr. Praveen Vignesh, Adv.

UPON hearing the counsel the Court made the following O R D E R

Digitally signed by SANJAY KUMAR Date: 2020.01.15 16:37:32 IST Reason: Signature Not Verified

We have heard learned counsel appearing the parties and perused the record.

Ms. Prerna Singh, learned counsel appearing for the petitioner relies on the judgment rendered in the case of K.

ITEM NO.6 COURT NO.1 SECTION XII-A

Krishna Murty (Dr.) & Ors. vs. Union of India & Anr. - (2010) 7 SCC 202, for the proposition that percentage of reservation cannot be exceed 50 per cent. According to her, the present case is not an exceptional case.

We do not consider it necessary to decide that issue in the present proceedings which are only against an omission to grant interim relief.

Mr. R. Venkataramani, learned Senior Counsel appearing for the respondent – State of Andhra Pradesh, states that the State Election Commission has not issued any notification so far for holding the elections in question. However, he further states that the respondent – State has no objection if the High Court decides the matter before the elections are held.

In the circumstances, we consider it appropriate to direct that the matter may be decided as expeditiously as possible on its own merits in accordance with law.

We, therefore, request the High Court to decide the matter being Writ Petition (PIL) No.2 of 2020 and connected matters, if any, itself not later than four weeks from the day the parties appear before it.

The parties are directed to appear before the High Court on 20.01.2020.

We direct that the Goverment Order being G.O.Ms.No.176 dated 28.12.2019 shall remain stayed till the disposal of the aforesaid writ petition and connect matters which are pending before the High Court.

Needless to re-emphasise that the High Court may pass such orders as appears appropriate in accordance with law.

2

Order accordingly.

The special leave petitions are disposed of in the above terms.

Pending interlocutory applications, if any, stand disposed of.

(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR