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Karumanchi Ahalya Devi, vs Gopalakrishna Cotton ...
2021 Latest Caselaw 3237 AP

Citation : 2021 Latest Caselaw 3237 AP
Judgement Date : 27 August, 2021

Andhra Pradesh High Court - Amravati
Karumanchi Ahalya Devi, vs Gopalakrishna Cotton ... on 27 August, 2021
Bench: M.Ganga Rao
          HIGH COURT OF ANDHRA PRADESH :: AMARAVATI



MAIN CASE NO: A.S.No.277 OF 2021

                                  PROCEEDING SHEET



SL.     DATE                       ORDER                               OFFICE

NO.                                                                    NOTE



2.    27.08.2021   KSR,J

                           Registry is directed to print the name of

                   Sri M.Manohar Reddy, learned Standing Cousel for

                   Municipal Corporation.

                         Post on 31.08.2021.



                                                             _______
                                                              KSR,J
                   EPS
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
          HIGH COURT OF ANDHRA PRADESH :: AMARAVATI



MAIN CASE NO: W.P.No.20610 of 2019



                                   PROCEEDING SHEET



SL.     DATE                        ORDER                                    OFFICE

NO.                                                                          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, the petitioner sought
 SL.   DATE                     ORDER                                     OFFICE

NO.                                                                      NOTE

             interim direction to suspend the impugned order and

             during hearing the learned counsel for petitioner

             highlighted the action of the 2nd respondent in passing

the order calling for report of Tahsildar.

After completion of enquiry on 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 at liberty to file his counter.

Post the matter after two (02) weeks.

                                                              ________

                                                              MSM, J



                                                                   IS
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.18307 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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.

________

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, superseding the existing trust board,

before expiry of tenure of two years, only on the

ground that in view of amendment with effect from SL. DATE ORDER OFFICE

NO. NOTE

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 existing trust board. But there is a serious

controversy about application of the G.O to already

existing trust boards, more particularly whether it has

got prospective or retrospective effect and thereby I

find that there is prima facie case i.e. arguable case, in

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, G.O.Rt.No.1091, Revenue

(Endowments II) Department dated 01.11.2019 is

suspended for a period of one month. In the

meanwhile the respondents are directed to file their

counter.

                                                               ________

                                                               MSM, J

                                                                     Rvk
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.18054 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 14.11.2019 MSM,J

W.P No.18054 of 2019

Since the petitioner is questioning the

amendment to Section 17 of the amended Act 31 of

2019, vide G.O.Rt No.1100 dated 06.11.2019 which

created services in Trust Board, in the writ petition,

the Registry is directed to list the matter before

appropriate bench, as per Roster, after obtaining

permission from the Hon'ble Chief Justice.

                                                                   ________

                                                                   MSM, J

                                                                         Rvk
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.18038 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 12.11.2019 MSM,J

W.P No.18038 of 2019

Standing Counsel for 3rd respondent temple,

seeks time to obtain instructions from the concerned.

Post on 19.11.2019.

________

MSM, J

I.A No.1 of 2019

There shall be an interim direction, not to

dispossess the petitioner till 19.11.2019.

________

MSM, J

Note: Issue C.C today.

b/o.

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.17848 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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 G. Ramana Rao, Standing Counsel for

Endowments takes notice for 4th respondent.

Issue notice to unofficial 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 seen from the material on record,

respondent Nos.5 to 11 were appointed as members of

trust board for Sri Yogabhogeswara Swamy Temple, SL. DATE ORDER OFFICE

NO. NOTE

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, disclose the recommendation 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,

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 Revenue (Endowments-I) dated

31.03.1988 and Clause 6 (1) 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, according to the Counsel for

the petitioner. However, it is evident from the record

that on the recommendation of the Member of SL. DATE ORDER OFFICE

NO. NOTE

Parliament, Lok Sabha, these appointments were

made, prima facie contrary to the law declared by this

Court in W.P No.4522 of 2000 dated 10.04.2000.

In another judgment reported in 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 public representatives, be they

MLAs or Ministers, may be entitled to

recommend persons whom they consider to

be entitled for appointment as trustees of

religious institutions, neither can they

dictate these persons be appointed as

trustees nor can the competent authority

surrender its discretion and abdicate its

statutory duty of appointing only those

persons as trustees who satisfy the

conditions prescribed in Act 30 of 1987,

and the Trustees Rules. Only those

recommended by the Minster of Information

and Public Relations, as forwarded to him

by the local M.L.A, (other than the two who

were found ineligible), have been blindly SL. DATE ORDER OFFICE

NO. NOTE

appointed as trustees without adhering to

the statutory provisions of Act 30 of 1987

or the statutory rules i.e. the Trustees

Rules, 1987. Appointing those

recommended by the Minister as trustees is

evidently at his dictates, and reflects

surrender of discretion and abdication of

duty by the competent authority. The

impugned G.O, appointing only those

recommended by the Minister for

information and Public Relations, as

trustees without independent exercise of

mind is ultra vires.

In view of the principles laid down in the

above judgment, appointment of respondent Nos.5 to

11, based on the recommendation made by P.V

Midhun Reddy, Member of Parliament, Lok Sabha by

his letter dated 16.10.2019 is an illegality, prima facie,

if they are not ineligible.

Therefore, the proceedings in

Rc.No.D1/14027(31)/10/2019 dated 18.10.2019,

appointing respondent Nos. 5 to 11 as members of

trust board for Sri Yogabhogeswara Swamy Temple,

Chippili village, Madanapalli Mandal, Chittoor District

is hereby suspended for a period of two (2) months.

 SL.   DATE   ORDER              OFFICE

NO.                             NOTE

                     ________

                     MSM, J

                         Rvk
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.17809 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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.

                                                                      ________

                                                                       MSM, J

                                                                           Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.17434 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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

                                                                          Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.16572 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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 and Assistant Government Pleader for Land

Acquisition.

The petitioners sought interim direction, not to

dispossess the petitioner from their lands in pursuant to

the preliminary notification No.A/14/2018 dated

06.03.2018 issued under Section 11 and 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 Officer, did not comply the mandatory SL. DATE ORDER OFFICE

NO. NOTE

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 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

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 Rc.No.A/14/2018 dated 09.04.2018 is relevant

document which shows that the notification was published

in Gram Panchayat, Tahsildar and Mandal Parishad Office,

police station and Sub-Registrar Office etc., so also

uploaded in the website. But it is a disputed question of

fact and such question cannot be decided at this stage,

without inviting counter, since the entire acquisition

proceedings vitiates on account of such 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 Act, referred supra discloses that 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 SL. DATE ORDER OFFICE

NO. NOTE

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.




                                                                ________

                                                                MSM, J



                                                                    Rvk
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.16762 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 25.10.2019 MSM,J

W.P No.16762 of 2019

Implead Smt. Chandralekha, member of

Udayasri Mahila Podupu Sangam as 4th respondent

and issue notice to 4th respondent, since she was

already appointed as Fair Price Shop dealer to Fair

Price Shop No.1285110 of Anantapuramu Urban and

Mandal.

However, the order impugned in the writ

petition is hereby suspended for a period of one

month, as the order was not passed by the

Committee constituted for the purpose 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
 SL.   DATE   ORDER         OFFICE

NO.                        NOTE

                     Rvk
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.1125 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 24.10.2019 MSM,J

Crl.R.C No.1125 of 2019

Admit and notice.

________

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 in Crl.A

No.487 of 2017 on the file of XII Additional District

and Sessions Judge, Pithapuram.

The substantive sentence of imprisonment is SL. DATE ORDER OFFICE

NO. NOTE

hereby suspended and the petitioner is ordered to be

released on bail on execution of his bond for

Rs.20,000/- (Rupees Twenty Thousand Only) with

two sureties for a like sum each to the satisfaction of

Assistant Sessions Judge, Pithapuram.

                                                           ________

                                                           MSM, J



                                                                Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.15301 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.10.2019 MSM,J

W.P No.15301 of 2019

This writ petition is filed seeking writ of

mandamus, declaring the action of the respondent

Nos.4 and 5 in deducting the labour cess @ 1% of

the bills payable to the petitioner at the instance of

respondent Nos.1 to 3 as illegal, arbitrary and in

contravention of Memo No.636/Reforms-A1/2008

dated 08.06.2011 and in contravention of Building

and other Construction Workers' Welfare Cess Act,

1996 and Rules made there under in agreement

No.07/2014-15 dated 30.05.2014.

Heard the learned Counsel for the petitioner

and the learned Government Pleader for

Panchayatraj.

Learned Government Pleader for Panchayat Raj SL. DATE ORDER OFFICE

NO. NOTE

would submit that this matter is squarely covered by

the orders of this Court passed in W.P Nos.2369 of

2019 and 2372 of 2019 and 10084 of 2018 wherein

this Court granted interim direction.

In view of the similar facts and circumstances

of the case, there shall be interim direction to the

respondents not to deduct 1% labour cess from the

bills of the petitioner unless the same has been

included in the estimates.

Post after two weeks.

                                                         _______

                                                         MSM,J

             Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.16537 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.10.2019 MSM,J

At request for filing counter, post on

04.11.2019.

Issue notice to the respondent Nos.3 and 4.

The learned Counsel for the petitioner is also

permitted to take out personal notice through RPAD

and file proof of service in the Registry within two

weeks.

                                                                   _______

                                                                   MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: W.P No.14389 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.10.2019 MSM,J

At request of Government Pleader 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.

                                                                   _______

                                                                   MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.A S.R No.4489 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 28.09.2019 MSM,J

I.A No.1 of 2019

Leave granted. The I.A is accordingly, ordered.

_______

MSM,J

I.A No.2 of 2019

The I.A is accordingly, ordered.

_______

MSM,J

Crl.A S.R No.4489 2019

Admit.



                                                               _______
 SL.   DATE         ORDER           OFFICE

NO.                                NOTE

                           MSM,J

             Rvk
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NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: C.R.P No.2135 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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, filing of

certified copy order and decree dated 25.06.2018 is

dispensed with.

The I.A is accordingly, ordered.

                                                                _______

                                                                MSM,J

                   Rvk
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Criminal Petition No.4595 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. NOTE

1. 28.09.2019 MSM, J

The main allegation against the Special Judge

for SPE & 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 contending that the chief examination of

Investigating Officer was commenced at 10.45 AM

and completed by 7 PM on 06.09.2018. Thus, the

assertion of the Counsel for the respondent is that

through out the day, only one witness was examined.

In view, of the specific contention raised

by the learned Counsel for the respondent, the

Registry is directed to call for report from the Special

Judge for SPE & ACB cases at Nellore, as to how

many witnesses were examined on 06.09.2018 and

how many documents were marked, based on the

dairy maintained in the office, within two weeks from

today.

List the matter on 14.10.2019.

                                                                   _______

                                                                   MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Transfer Criminal Petition No.818 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. NOTE

1. 28.09.2019 MSM, J

Notice.

The learned Counsel for the petitioner is also

permitted to take out personal notice to the

respondent Nos.2 to 4 by registered post with

acknowledgment with due and file proof of service in

the Registry within three weeks.

Post after three weeks.

                                                                     _______

                                                                     MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Criminal Appeal No.9695 OF 2018

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. NOTE

1. 28.09.2019 MSM, J

I.A No.1 of 2019

Leave Granted.

_______

MSM,J

Criminal Appeal No.9695 OF 2018

Issue notice to the respondent Nos.1 to 6.

The learned Counsel for the petitioner is also

permitted to take out personal notice to the

respondent Nos.2 to 6 by registered post with

acknowledgment with due and file proof of service in

the Registry within three weeks.

Post after three weeks.

                                                                      _______

                                                                      MSM,J

                   Rvk
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NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Criminal Petition No.1069 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. NOTE

1. 28.09.2019 MSM, J

Post the matter in usual course.

b/o

Rvk

I.A No.1 of 2019

This petition under Section 397 (1) of

Criminal Procedure Code is filed to suspend the

substantive sentence of imprisonment and enlarge

this petitioner on bail.

The case of the petitioner is that, he was

found guilty for the offence punishable under Section

354 of Indian Penal Code (for short I.P.C) 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 petitioner has paid the fine 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 SL. DATE ORDER OFFICE

NO. NOTE

No.449 of 2017, challenging the conviction and

sentence passed by the Additional Judicial

Magistrate of First Class, Nandigama in C.C No.260

of 2017 and the sentence was suspended. Upon

hearing argument of both the counsel, considering

the material available on record, the appellate court,

confirmed the conviction and sentence 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 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 of 2017 dated

27.11.2017 is hereby suspended. The petitioner shall

be enlarged on bail on his execution of bond for

Rs.20,000/- (Rupees Twenty Thousand) with two

sureties for a like sum each to the satisfaction of

Additional Judicial Magistrate of First Class,

Nandigama.

                                                                    _______

                                                                    MSM,J

             Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Criminal Petition No.1071 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. NOTE

1. 28.09.2019 MSM, J

Post the matter in usual course.

b/o

Rvk

I.A No.2 of 2019

This petition under Section 397 (1) of

Criminal Procedure Code is filed to suspend the

substantive sentence of imprisonment and enlarge

this petitioner on bail.

The case of the petitioner is that, he was

found guilty for the offences punishable 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 simple

imprisonment for the offence punishable under

Section 403 of I.P.C, six months simple

imprisonment and Rs.500/- fine for the offence

punishable under Section 420 of I.P.C, six months

simple imprisonment and Rs.500/- fine for the

offence punishable under Section 468 of I.P.C and six SL. DATE ORDER OFFICE

NO. NOTE

months simple imprisonment for the offence

punishable under Section 471 of I.P.C.

The petitioner has paid the fine amount

before the Judicial Magistrate of First Class,

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 of 2016 challenging the conviction 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 record, the appellate court, confirmed the

conviction and sentence 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 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/-

 SL.   DATE                       ORDER                                     OFFICE

NO.                                                                        NOTE

(Rupees Twenty Thousand) with two sureties for a

like sum each to the satisfaction of Judicial

Magistrate of First Class, Srikakulam.

                                                                _______

                                                                MSM,J

             Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Criminal Petition No.4795 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. 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.

                                                                _______

                                                                MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.1000 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE SL. DATE ORDER OFFICE

NO. NOTE

1. 23.09.2019 MSM,J

At request, post on 24.09.2019.

b/o.

Rvk

2. 27.09.2019 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.

Post after vacation.

_______

MSM,J

I.A No.1 of 2019

There shall be interim suspension of order

dated 13.10.2017 C.C No.246 of 2017 passed by the

Additional Judicial Magistrate of First Class, Bapatla SL. DATE ORDER OFFICE

NO. NOTE

and the petitioner is directed to be released on bail

on execution of his bond for Rs.20,000/- (Rupees

Twenty Thousand Only) with two sureties for a like

sum each to the satisfaction of Additional Judicial

Magistrate of First Class, Bapatla.




                                                         ________

                                                          MSM,J

             Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.932 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.09.2019 MSM,J

No representation, post on 24.09.2019.

b/o.

Rvk

2. 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
 SL.   DATE                      ORDER                                OFFICE

NO.                                                                  NOTE



                                I.A No.2 of 2019



                      Notice.

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.

                                                          _______

                                                          MSM,J

             Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.999 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 24.09.2019 MSM,J

Notice before admission.

The learned counsel for the petitioners 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.

_______

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.



                                                                _______

                                                                MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.1003 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 24.09.2019 MSM,J

Issue notice.

The learned counsel for the petitioners 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.

_______

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.



                                                                _______

                                                                MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.1006 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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 1st

respondent by registered post with acknowledgment

due and file proof of service in the registry within

three weeks.

List after three weeks.

                                                                 _______

                                                                 MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.946 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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.

                                                                 ________

                                                                 MSM, J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.966 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.09.2019 MSM,J

No representation, post on 18.10.2019.



                                                           b/o

                                                           Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.958 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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.

________

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.

 SL.   DATE         ORDER              OFFICE

NO.                                   NOTE

                           ________

             Rvk           MSM, J
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.990 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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 and file proof of service in the registry within

three weeks.

List on 18.10.2019.

                                                                 _______

                                                                 MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.991 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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

respondent Nos.1 to 9 by registered post with

acknowledgment due and file proof of service in the

registry within one week.

List on 01.10.2019.

                                                                 _______

                                                                 MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.992 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.09.2019 MSM,J

Notice before admission.

The learned Government Pleader takes notice

on behalf of 3rd respondent and seeks time to file

counter affidavit.

The learned counsel for the petitioner is also

permitted to take out personal notice to the

respondents Nos.1 and 2 by registered post with

acknowledgment due and file proof of service in the

registry within three weeks.

List on 18.10.2019.

                                                                 _______

                                                                 MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.994 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. NOTE

1. 23.09.2019 MSM,J

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 2nd RPAD

respondent by registered post with acknowledgment

due and file proof of service in the registry within

three weeks.

List on 18.10.2019.

                                                                 _______

                                                                 MSM,J

                   Rvk
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.996 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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

                   RVK
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.957 OF 2019

PROCEEDING SHEET

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.



                                                                     ________

                  Rvk                                                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 @ Rs.5,000/- per month and pay

compensation of Rs.1,00,000/- (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, while directing the petitioner to pay maintenance as directed by the trial court in DVC

No.19 of 2014 and Rs.50,000/- towards

compensation to the respondent, within two weeks

from the date of order. In the event of failure to

comply any of the directions of the order, the petition

shall stand dismissed automatically.

The counsel for the petitioner herein is

permitted to furnish a copy of the order before the III

Additional Judicial Magistrate of First Class, Ongole.



                                                    ________

Rvk                                                 MSM, J



Note:

Issue C.C by tomorrow.

B/O

Rvk

HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: Crl.R.C No.1011 OF 2019

PROCEEDING SHEET

SL. DATE ORDER OFFICE

NO. 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

respondents 1 to 3 through RPAD and file proof of

service in the registry within two weeks.

List on 18.10.2019.

                                                                 _______

                                                                 MSM,J

                   RVK
 SL.   DATE   ORDER   OFFICE

NO.                  NOTE

THE HON'BLE SRI JUSTICE D.V.S.S. SOMAYAJULU

1. Whether Reporters of Local newspapers Yes/No

may be allowed to see the Judgments ?

2. Whether the copies of judgment may be Yes/No

Marked to Law Reporters/Journals ?

3. Whether Their Ladyship/Lordship wish Yes/No

To see the fair copy of the Judgment ?

Copyist

 
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