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Category: High Court of Andhra Pradesh Judgment or Order or Notification

Andhra Pradesh may have three capitals

Posted on April 29, 2020 by ShadesOfKnife

Here is a small time line on the events

 

On 13-Sep-2019

An expert committee was constituted (through G.O.Rt. No. 585 dated September 13, 2019) for reviewing the development strategy for Capital city (Amaravati).

Here is the GO constituting the GN Rao Expert Committee

13092019MAUD_RT585 Constitution of an Expert (GN Rao) Committee to review the current plans

Here are the terms and conditions for the Expert Committee

2019MAUD_RT659 13092019MAUD_RT585 ToS of GN Rao Expert Committee

Appointment of Brig. Dr. P Raj Kumar as consultant to the Expert Committee

06112019MAUD_RT694 Appointment of Brig. Dr. P Raj Kumar as consultant

 

On 14-Nov-2019

The High Court on Thursday admitted and posted to November 28 a writ petition filed by a couple of farmers belonging to Borupalem village in Thullur mandal of Guntur district with the plea to declare the constitution of an expert committee (through G.O.Rt. No. 585 dated September 13, 2019) for reviewing the development strategy for Capital city (Amaravati) as arbitrary, illegal, ultra vires and contrary to the provisions of the Andhra Pradesh Capital Region Development Authority (APCRDA) Act, 2014 and in violation of Article 14 of the Constitution.

The government abruptly stopped the construction activity in the entire Capital city area, including the construction of the High Court building, the roads and other infrastructure works without giving or assigning any reason, they mentioned in their petition.

News source here.

 

On 09-Dec-2019

Rajadhani Rytu Parirakshana Samithi files a PIL WP(PIL) 179/2019 which challenges G O Rt No 585 Municipal Administration and Urban Development Department dated 13-09-2019.

 

 

 


The drama unfolded on 17-Dec-2019 (On record, Officially; Preparations started way before that date)

*Andhra Pradesh Have Three Capitals, CM Jagan Announced In Assembly*
https://english.sakshi.com/andhrapradesh/2019/12/17/ap-may-have-3-capitals-to-ensure-decentralisation-cm
https://epaper.sakshi.com/2468958/Andhra-Pradesh/18-12-2019#page/1/1

https://www.indiatoday.in/india/story/andhra-pradesh-ys-jagan-mohan-reddy-three-capitals-amaravati-ysrcp-1629174-2019-12-17

https://www.livemint.com/news/india/-decentralised-administration-andhra-may-have-three-capitals-says-cm-jagan-11576603472552.html


On 03-01-2020,

Boston Consulting Group submits it’s report on the concept of decentralized development for the State of Andhra Pradesh.


On 11-01-2020 and 12-01-2020,

Farmer and villagers around Amaravati region started peaceful agitation. Police (under the Order of yours truly) assaulted them violently.

News source here.

On 13-01-2020,

AP High Court took Suo moto cognizance of this events and initiated a WP(PIL) 3/2020, the prayer of which is as follows:

In the light of the news items published in Eenadu Telugu daily news papers dated 12 01 2020 and 13 01 2020 that the general public and the ryots in the State of Andhra Pradesh and particularly in and around Vijayawada Mandadam Tullur Vijayawada of Krishna and Guntur districts are agitating peacefully by way of dharna rasta roko and public meetings in protest against the proposal of the Government of Andhra Pradesh to shift the State capital from Amavaravati to a different place that the ryots and women have also been participating in large number and that in order to control and curb such agitations the Police are allegedly resorting to coming down heavily upon the agitators and that the Police particularly men police have resorted to take the agitators into custody and further that the Police particularly men police have also handled misbehaved and touched the women agitators indecently and also even preventing them to go the temples thereby violating human rights fundamental rights guaranteed under the Constitution of India and atrocities particularly against women citizens and therefore it is prayed that this Hon’ble High Court may issue a writ in the nature of mandamus calling for the records and remarks from the Respondents herein in this regard and to take appropriate action against the Respondents for the indecent behaviour of the Police on the agitators particularly the women agitators and to issue further orders / directions as this Hon’ble Court deems fit and proper.

Current Status: Next date not given; PENDING.

News source here.

MORE PILs

WP(PIL) 4/2020

WP(PIL) 5/2020

WP(PIL) 7/2020

WP(PIL) 8/2020

WP(PIL) 9/2020

WP(PIL) 15/2020

WP(PIL) 22/2020

WP(PIL) 70/2020

WP(PIL) 72/2020:

WP(PIL) 73/2020:

WP(PIL) 73/2020:

 

 

 


On 17-01-2020,

High Power Committee submitted it’s report on 17-01-2020 supporting 3-Capital proposal.

 


 

 

On 20-01-2020,

The following Bills were introduced by Government Ministers in Assembly and were passed late in the night, on the strength of 151 MLAs

  • AP Capital Region Development Authority Repeal Act, 2020
  • AP Decentralization and Inclusive Development of All Regions Act, 2020

The following GO is issued

 

 

News source here and here.


On 21-01-2020,

 

 


On 22-01-2020,

  • Drama in the Legislative Council

The ‘Andhra Pradesh Decentralisation and Inclusive Development of All Regions Bill, 2020’ was stalled in the Upper House/Legislative Council and passed a resolution to refer the bills for the select committee.

News source here.

  • The following GO is issued for hiring of the services of Sri Mukul Rohatgi,

Planning department – Hiring of services of Sri Mukul Rohatgi, Senior legal Counsel and former Attorney General of India to defend the case filed in the High Court relating to the Capital issue against the Government – Sanction of Rs.1.00 crore as an advance – Accorded – Orders – Issued

22012020PLG_MS1 Hiring of services of Sri Mukul Rohatgi to defend case filed in AP High Court relating to the Capital issue

Funds released

2020FIN_RT173 Funds release for hiring of the services of Sri Mukul Rohatgi,

 

Related PIL: WP(PIL) 23/2020


On 31-01-2020,

  • The following GO is issued (G.O. Ms. No. 13 dt: 31-01-2020)
31012020GAD_MS13 Relocation of office of Vigilance Commissioner and Chairman of Commissionerate of Inquiries and the Member(s) of Commissioner of Inquiries from Velagapudi to Kurnool
  • A PIL is filed in AP HC WP(PIL) 20/2020
  • AP High Court Stays On Government Offices Shift To Kurnool. News source here.
  • High Court suspends the operation of the above GO, during pendency of the writ petitions holding that.

From Para 76,

76) In view of our foregoing discussion, the act of the Executive Authority of the State in issuing G.O.Ms.No.13 General Administration (SC.F)  Department dated 31.01.2020 proposing to shift the office of Vigilance Commissioner and Chairman of Commissionerate of Inquiries and also offices of the Member(s) Commissioner of Inquiries from Interim Government Complex, Velagapudi to Kurnool is not only prima facie mala fide, unreasonable and irrational, but also contrary to Section 39 of the CRDA Act. Hence, we find prima facie case in favour of the petitioners, balance of convenience is also tilting in their favour, hence it is a fit case to suspend G.O.Ms.No.13 dated 31.01.2020 as the said order came to be issued contrary to the Statute and is tainted by mala fides. Accordingly, the question as posed is answered in favour of the petitioners and against the respondents.

Kondepati Giridhar Vs State of Andhra Pradesh on 20 March 2020

 

On 10-03-2020,

WP(PIL) 64/2020 was filed and on 23-03-2020, Order was passed staying the GO.Ms. No 72 of 2020 dated 25.01.2020 here.

 

On 23-03-2020,

WP(PIL) 24/2020: Lot of things challenged here. AP High Court passed a common Order here.

 

On 14-04-2020,

WP(PIL) 92/2020 was filed and AP High Court extended the time for hearing objections until 30 May 2020 and directed the State government that, Regulations Shall not be finalized without considering the objections. Last Order is here.

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Andhra Pradesh may have three capitals | Leave a comment

Dr. Srinivas Guntupalli Vs State of Andhra Pradesh and Ors on 15 April 2020

Posted on April 16, 2020 by ShadesOfKnife

AP High Court has set aside G.O.Ms.No.81, School Education (Prog.I) Department, dated 05.11.2019 and G.O.Ms.No.85, School Education (Prog.I) Department, dated 20.11.2019.

Dr. Srinivas Guntupalli Vs State of Andhra Pradesh and Ors on 15 April 2020

Citations: [

Other Source links:


To attack this judgment, AP Government took this step here.


Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or Government websites.

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Dr. Srinivas Guntupalli Vs State of Andhra Pradesh and Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors on 24 October 2018

Posted on April 8, 2020 by ShadesOfKnife

In this case, it was held that, DVC is maintainble even after Divorce.

Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors on 24 October 2018

Citations: [

Other Source links:


Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification Supreme Court of India Judgment or Order or Notification | Tagged Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors CrPC 482 - Quash Dismissed Giduthuri Kesari Kumar And Others Vs State Of Telangana Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori PWDV Act Sec 2(f) - Maintainable After Divorce | Leave a comment

Bhanu Prasad Variganji Vs State of Telangana on 16 March 2020

Posted on April 2, 2020 by ShadesOfKnife

Smt Justice Sri Devi had passed a Quash order on the false and malicious proceedings which were initiated u/s 498 IPC and others under the ground that there are no specific details in the Charge Sheet to bring home the allegations also because Assistant Government Pleader did not obtain sanction from Central Government to ask the Magistrate to take cognizance of this case.

Bhanu Prasad Variganji Vs State of Telangana on 16 March 2020

Citations:

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bhanu Prasad Variganji Vs State of Telangana CrPC 482 – Criminal Proceeding Quashed Quash | Leave a comment

C Krishna Priya Vs State of AP on 14 September 2018

Posted on March 19, 2020 by ShadesOfKnife

Another judgment from Erstwhile High Court of AP which rapped on the knuckles of the JMFC who dismissed the Discharge petition filed u/s 239 CrPC, where there were no specific allegations on the petitioner.

6. The learned counsel appearing for the petitioner would contend that at the time of marriage of the complainant with the Accused No.1, the petitioner was 12 years old. No specific allegations are made against the petitioner, either in the charge sheet or in the statement of list of witnesses, except ominous allegations that the petitioner being sister of A.1, also demanded for additional dowry of Rs.3 lakhs. Therefore, the proceedings initiated against the petitioner cannot be maintained.

7. The learned public prosecutor appearing for the respondent state, fairly conceded that no specific allegations are made against the petitioner except a vague allegation that the petitioner also demanded for additional dowry.

8. Having heard both the counsel and from the perusal of the material on record, particularly, the charge sheet what all that is stated against the petitioner herein is that A-1 to A-4 demanded LW.1 to get additional dowry of Rs.3 lakhs for doing business and demanded LW1 to sign on diverse papers to enable the A.1 to marry another girl. In fact no specific dates, month or year have been mentioned. The said allegation is as vague as possible.

Now Start music…

9. In the recent times, various complaints are being lodged for the offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act, in which, whether any allegation is made out or not, all the family members are being roped in as accused only for the purpose of harassing the innocent family members whereby forcing them to come to terms.

10. From the above, this Court is of the opinion that when no specific allegations are made against the petitioner who is the sister of A.1, the continuation of proceedings against her would amount to abuse of process of the Court, apart from putting the petitioner to undue hardship of facing the trial. As such, this court is inclined to interfere with the order passed by the Court below in declaring the discharge of the petitioner.

C Krishna Priya Vs State of AP on 14 September 2018

Citations: [

Other Source links:

https://indiankanoon.org/doc/79415399/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations C Krishna Priya Vs State of AP CrPC 239 - Discharge Rejection is Set Aside Legal Terrorism Rajesh Sharma and ors. Vs State of UP and Anr Sandeep Pamarati | Leave a comment

Muppa Venkateswara Rao Vs State of AP on 10 March 2020

Posted on March 16, 2020 by ShadesOfKnife

In this case, AP High Court has directed that State Election Commission take steps to remove the colours painted on the Panchayat buildings before Elections can be conducted. State Government lead by Y.S. Jagan Mohan Reddy, had painted the colours of their Party on the Panchayat buildings making a loss to the tune of allegedly over 1000 Crores (estimate only) to the exchequer. Now for removal also more funds will be spent. What a mockery of public and public funds!!!

Hopefully, the idiotic voter of AP would be rejoicing now for the quandary of public exchequer which is funded by levying taxes on these very same sheeple !!!

Muppa Venkateswara Rao Vs State of AP on 10 March 2020

Citations: [2

Other Source links:


State of AP dragged it’s feet to Supreme Court on the above judgment and got this in return…


To attack this judgment, AP Government took this step here.


A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Election Matter Misuse of Public Funds Muppa Venkateswara Rao Vs State of AP | Leave a comment

B.S.Neelakanta and Anr Vs State of A.P. and Anr on 04 December 2013

Posted on March 7, 2020 by ShadesOfKnife

AP High Court has rightly held the various counts of errors committed by the Trial Court magistrate in dismissing a Discharge Petition filed u/s 239.

B.S.Neelakanta and Anr Vs State of A.P. and Anr on 04 December 2013

Citations: [2014(1) Law Summary (A.P.) 266], [2014(1) ALD (Crl) 611 (AP)], [2014(2) ALT (Crl) 237 (AP)]

Other Source links:


Index of Discharge Judgments u/s 239 are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged B.S.Neelakanta and Anr Vs State of A.P. and Anr CrPC 239 - Discharge CrPC 239 - Discharge Rejection is Set Aside CrPC 239 - Exercise of Judicial Mind CrPC 239 - When accused shall be discharged Sandeep Pamarati | Leave a comment

R.Parijatham and Anr Vs M.Kameshwari and Ors on 21 July, 2017

Posted on December 19, 2019 by ShadesOfKnife

Based on Division Bench judgment here, AP High Court has passed this observation,

From Para 8,

8. Before closing these cases, we feel the necessity of observing that instances have been coming to the notice of this Court, where some Subordinate Courts have not been marking the documents while disposing of the interlocutory applications. In this context, we are reminded of a Division Bench judgment of this Court in T.Bhoopal Reddy vs. K.R.Laxmi Bai [1998(1) ALT 292 (D.B.)], wherein it was observed that in order to come to a prima facie conclusion, both the trial Court and the Appellate Court should necessarily be able to locate the documents and know its contents to agree with either of the contentions; that nowhere it is envisaged that the case of the contesting parties can only be decided on the affidavits and not on any other material and that in the absence of any specific rule so far as marking of documents at the interlocutory stage is concerned, the Courts would not be justified in not giving any marking at all to such of the documents on which both sides would rely.Regrettably, despite this authoritative pronouncement of the Division Bench, some Courts have been ignoring the same and not marking the documents. The case on hand reflects one such instance. We, therefore, direct the High Court on administrative side to issue a Circular directing the Subordinate Courts to mark the documents filed by the parties to the interlocutory applications before deciding such applications.

R.Parijatham and Anr Vs M.Kameshwari and Ors on 21 July, 2017

Citations:

Indiankanoon.org link: https://indiankanoon.org/doc/38957892/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Marking of Documents in IAs R.Parijatham and Anr Vs M.Kameshwari and Ors

A.K. Srinivasa Rao and 3 Ors Vs State of AP on 19 January, 2015

Posted on December 17, 2019 by ShadesOfKnife

Justice Shri Seetarama Murthi has delivered this judgment.

4. (f) Coming next to the contention that the learned Magistrate ought not to have taken the case on file against the present petitioners for the reason that the petitioners have no ‘domestic relationship’ and that they have never shared the household or lived together in a shared household with the 2nd respondent and her husband, it is necessary to refer to the relevant provisions. Under Section 12 of the Act, an aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act.

 

A.K. Srinivasa Rao and 3 Ors Vs State of AP on 19 January, 2015

Citation:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/173889445/


The index page is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged A.K. Srinivasa Rao and 3 Ors Vs State of AP No Shared Household

Ankem Madhava Rao and Anr Vs Simhadri Rama Rao and Anr on 5 October, 2015

Posted on December 15, 2019 by ShadesOfKnife

Based on the earlier two judgments here and here, Hon’ble Sri Justice M. Seetharama Murti of AP HC has noted in this judgment that,

This Court in a decision in A.P. Minerals Development Corporation Limited Hyderabad v. M/s.Trimex Minerals Pvt.Ltd., and another decision in Bhoopal Reddy and another v. K.Lakshmi Bhai and another held that the practice of marking the documents in the interlocutory application only shall be continued. It is thus obvious that the documents filed by either of the parties shall have to be marked, unless the parties specifically opt for not marking either on the ground of inadmissibility or for some other reasons of their own.

Ankem Madhava Rao and Anr Vs Simhadri Rama Rao and Anr on 5 October, 2015

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Ankem Madhava Rao and Anr Vs Simhadri Rama Rao and Anr Marking of Documents in IAs Not Authentic copy hence to be replaced Sandeep Pamarati

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