Chukka Lakshmi Devi, vs The Special Deputy Collector ...
2022 Latest Caselaw 7587 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No. L.A.A.S.No.929 of 2007

                           PROCEEDING SHEET

Sl. DATE                     ORDER                                  OFFICE
No.                                                                  NOTE
15. 10.10.2022 MGR, J & TMR, J

                        This Court on 20.9.2022 directed
                the Registry to get information from the
                Senior     Civil     Judge,   Rajampet,     while
                referring to the orders dated 23.2.2005
                passed in First Appeal No.1980 of 2004,
                wherein a Division Bench of this Court
                reversed the Decree and judgment of the
                Lower Court passed in O.P.No.38 of 2000
                dated      17.04.2002     and    remanded     the
                matter to the Senior Civil Judge, Rajampet
                to restore the OP to its original number in
                the Register and proceed to dispose of the
                same according to law in the light of the
                observations contained in the judgment
                and the Senior Civil Judge, Rajampet is
                directed to dispose of the OP within six
                months from the date of receipt of a copy
                of the order. The said order is also marked
                to   the    Senior    Civil   Judge,   Rajampet,
                Kadapa District.        Thereafter, in the year
                2007, the present LAAS.No.929 of 2007 is
                filed against the judgment and decree
                (Award)      dated      17.4.2002      made    in
                L.A.O.P.No.28 of 2000 passed by the
                Senior Civil Judge, Rajampet.             In the
                grounds of Appeal at Ground No.12 it is
                             2

stated that this Court may kindly take
notice of the judgment and decree of this
Court made in First Appeal No.1980 of
2004     dated         23.02.2005        filed    by     the
respondent           against    the     judgment        and

decree dated 17.04.2002 made in O.P.No.38 of 2000 whereunder this Court set aside the judgment and remitted the case for fresh consideration. In those circumstances only, this Court directed the Registry to get information from the Senior Civil Judge, Rajampet as to what happened to O.P.No.38 of 2000 after remand by this Court in First Appeal No.1980 of 2004 and submit a report. But, Sri N. Solomon Raju, Principal District Judge, Kadapa addressed a letter dated 28.09.2022 to the Registrar (Judicial), High Court of Andhra Pradesh referring to this Court order dated 20.09.2022 in LAAS.No.929 of 2007 LAAS.No.930 of 2007 and also referred to the letter of the Senior Civil Judge, Rajampet dated 27.09.2022 and the letter reads as under:

"Adverting to the subject and references 1 & 2 cited above, I submit herewith the status of the OP's, as per the directions of Hon'ble High Court of Andhra Pradesh dt.20./09.2022 in connection with LAAS.No.929/2007 and LAAS.No.930/2007 pending before the Hon'ble High Court corresponding to LAOP.No.38/2000 and LALP.No.24/2000 on the file of the Senior Civil Judge's Court,

Rajampet which is received in this office."

Smt N. Saraswathi, Assistant Sessions Judge, Rajampet addressed a letter dated 27.09.2022 to the Registrar (Judicial), High Court of Andhra Pradesh stating that LAOP.No.24 of 2000 on the file of Senior Civil Judge, Rajampet was disposed of on 17.04.2002 and the entire records are available in the Court. It is further stated that "the LAOP.No.38 of 2000 on the file of this Court and the entire case records was submitted to the Hon'ble High Court of Telangana and Andhra Pradesh at Hyderabad in vide Dis.No.1618, dt.04.12.2004".

We have perused the said letters with reference to the order passed by this Court on 20.09.2022. We observe that Sri N.Solmon Raju, Principal District Judge, Kadapa and Smt N. Saraswathi, Assistant Sessions Judge, Rajampet in a very casual manner without properly looking into the order dated 20.09.2022 passed in LAAS.No.929 of 2007 sent a report to this Court without duly submitting the report as directed by this Court, which is highly reprehensible.

Sri N.Solmon Raju, Principal District Judge, Kadapa and Smt N. Saraswathi, Assistant Sessions Judge, Rajampet are directed to submit explanation to the Registrar (Judicial) along with fresh

comprehensive report with reference to the records of the Senior Civil Judge's Court, Rajampet by 07.11.2022.

Post on 07.11.2022.

________ MGR, J

________ TMR, J CSR