Medidi Venkatewswarlu Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVOg^}:^^

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(Special Original Jurisdiction) *

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A
WEDNESDAY, THE SIXTEENTH DAY OF AUGUST
'
TWO THOUSAND AND TWENTY THREE A ' .

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION No: 1584 of 2023 and CRIMINAL PETITION No.539 of 2023

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WRIT PETITION NO: 1584 OF 2023

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Between:

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Medidi Venkatewswarlu, S/o late Subbarao, (In order copy name is written wrongly as Venkatesulu) Hindu, aged about 62 years,' R/o D.No. 1-178, Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District

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Medidi Subba Rao, S/o Trimurthulu, Hindu, aged about 54 years, R/o D.No. 1- 186/1, Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District

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Medidi Veerababu, S/o Late Subbarao, Hindu, aged about 41 years, R/o D.No. 1-122, Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District

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Medidi Guru Prasad, S/o Veerababu, (In order copy name is wrongly typed as Medidi Bobby) Hindu, aged about 28 years, R/o D.No. 1-122, Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District (In the copy of the order the surname of Petitioner Nos. 2-4 is wrongly typed as Medida instead of 'Medidi')

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...Petitioners

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AND

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The State of Andhra Pradesh, Represented by its Principle Secretary, Revenue Department, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District.

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The District Collector, Kakinada district at Kakinada, Erstwhile East Godavari District

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The Revenue Divisional Officer cum Sub Divisional Magistrate, Peddapuram, Kakinada district, Erstwhile East Godavari District

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The Tahsildar, Peddapuram mandal at Peddapuram, Kakinada district. Erstwhile East Godavari District

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The Sub Inspector of Police, Peddapuram police station, Kakinada district. Erstwhile East Godavari District

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k

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Arava Satyanarayana @ Sathibabu, S/o Nukaraju, Aged 65 years, R/o Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District

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Aravam Srinivasarao @ Dekka Srinivasarao, S/o Not known to the petitioner, R/o Ulimeswaram Village, Peddapuram Mandal, Kakinada district. Erstwhile East Godavari District

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Boppey Chamandiswara Rao S/o Boppey Mallaiah, aged 65 years, R/o Plot No.73,74, Flat No.305, Padmavathi Plaza, Thirumala Nagar, Near Pochamma temple, Moulgi Ali Medchai Malkajgiri District.

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Boppey Adeyya S/o Boppey Mallaiah, Aged 60 years, R/o 5-12-91/A F-4, KP Naik Residency, Mangapuram Colony, HB Colony, Moulaali, Secunderabad

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Boppey Satyanarayana, S/o B Mallaiah, Aged 67 years, R/o 21/390, Flat No.390 First floor, Vasanth Nagar, Bhagath Singh Nagar Thirumalagiri, Hyderabad

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Boppey Rajendra Prasad S/o B Mallaiah, Aged 57 years, R/o 3-92/3,. Sivabalaji Nagar Kalluru, Manasani Colony, Hayathnagar KV Ranga Reddy District.

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RR 8 to 11 are impleaded as per Court Order Dated.29.03.2023 in lA No.2 of 2023

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased'to issue a Writ or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to the proceedings initiated by the Respondent No.3 in M.C.No. 6 of 2022 in directing the Respondent No.4 to harvest the land which the petitioners have cultivated an extent of Ac. 10.85 cents situated at Survey Nos. 133, 134 and 135 of Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District and deposit the sale proceeds in revenue deposit in sub treasury Peddapuram as nothing but illegal, arbitrary, erroneous, high handed and violative of the procedure contemplated under The Andhra Pradesh (Andhra Area) Tenancy Act, 1956 apart from violative of procedure contemplated under sections 145 and 146 of Code of Criminal Procedure and violative of Article 14 and 21 of The Constitution of India and consequently quash the proceedings in M.C.No. 6 of 2022.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 3 to 5 not to interfere with the petitioners peaceful possession and enjoyment of the land an extent of Ac. 10.85 cents of land situated at Survey Nos. 133, 134 and 135 of Ulimeswaram village, Peddapuram mandal, Kakinada district. Erstwhile East Godavari District pending disposal of the above writ petition.

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-2.

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Counsel for the Petitioner: SRI A K KISHORE REDDY

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Counsel for the Respondents 1 to 4: GP FOR REVENUE

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Counsel for the Respondent No.5: GP FOR HOME

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Counsel for the Respondents 6 & 7: Ch. SRINIVAS

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Counsel for the Respondents 8 to 11: SRI CHINTAPALLI SRINIVAS

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CRIMINAL PETITION NO: 539 OF 2023

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Between:

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Arava Satyanarayana @ Sathibabu, S/o Nukaraju, aged about 65 years, Occ. Agriculture, R/o Ulimeswaram(V), Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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Arava Srinivasa Ran, S/o Nukaraju, aged about 43 years, Occ. Agriculture, R/o UlimeswaramCV), Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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Boppey Chamandiswara Rao S/o Boppey Mallaiah, aged 65 years, R/o Plot No.73,74, Flat No.305, Padmavathi Plaza, Thirumala Nagar, Near Pochamma temple, Moula Ali Medchai Malkajgiri District

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Boppey Adeyya S/o Boppey Mallaiah, Aged 60 years, R/o 5-12-91/A F-4, KP Naik Residency, Mangapurarn Colony, HB Colony, Moulaali, Secunderabad

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Boppey Satyanarayana, S/o B Mallaiah, Aged 67 years, R/o 21/390, Flat No.390 First floor, Vasanth Nagar, Bhagath Singh Nagar Thirumalagiri, Hyderabad

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Boppey Rajendra Prasad S/o B Mallaiah, Aged 57 years, R/o 3-92/3, Sivabalaji Nagar Kalluru, Manasani Colony, Hayathnagar KV Ranga Reddy District.

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Petitioners Nos 3 to 6 are impleaded as per Court Order dated 29.03.2023 in IA.No.2 of 2023 in CRLP.No.539 of 2023

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...Petitioners 3 to 6

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Arnaravati.

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The Revenue Divisional Officer, Peddapuram, Kakinada District Erstwhile East Godavari District.

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The Tahsildar, Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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4. The Station House Officer, Peddapuram P.S., Kakinada District Erstwhile East Godavari District.

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0

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Medidi Venkateswarlu. S/o Late Subba Rao Aged about 56 years, Occ. Agriculture, R/o D.No.1-178, Ulemeswaram (V) Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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Medidi Veerababu, S/o Late Subba Rao Aged about 50 years, Occ. Agriculture, R/o D.No.1-122, Ulemeswaram (V) Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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Medidi Subba Rao, S/o Trimurthulu Aged about 38 years, Occ. Agriculture, R/o D.No.1-186/1, Ulemeswaram (V) Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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Medidi Krishna Malleswara Rao, S/.o Venkateswarlu, Aged about 31 years, Occ. Agriculture, R/o D.No. 1-178, Ulemeswaram (V) Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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Medidi Guru Prasad, S/o Veerababu, Aged about 29 years, Occ. Agriculture, R/o D.No.1-122, Ulemeswaram (V) Peddapuram Mandal, Kakinada District Erstwhile East Godavari District.

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...Respondents/Respondents

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Direct the Respondents 2 and 3 to handover the seized property i.e., 243.86 paddy grain bags containing each bag 75 kgs to the petitioner immediately which was in the possession of the 3^^* respondent by quashing the proceedings in M.C.No.06 of 2022 dated 30-12-2022 on the file of Court of Sub-Divisional Magistrate, at Peddapuram against the Petitioners.

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LA. NO: 1 OF 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to STAY all further proceedings in M.C.No.06 of 2022 dated 30-12-2022 on the file of Court of Sub-Divisional Magistrate, at Peddapuram, Kakinada District, pending disposal of the Main Quash Petition in the interest of the justice.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crimiiial Petition and upon hearing the arguments of Sri Ch.Srinvas, Advocate for the petitioners 1 & 2 Sri Chintapalli Srinivas, Advocate for the Petitioners 3 to 6 and the Public Prosecutor on behalf of the Respondent No.1 to 4 arid of Sri A.K.Kishore Reddy, Advocate for the Respondent Nos.5 to 9,

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The Court made the following: common order

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THE HON’BLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION No. 1584 OF 2023 & CRIMINAL PETITION No. 539 of 2023

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COMMON ORDER;

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The’ Writ Petition has been filed seeking to declare

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the proceedings initiated by the respondent No.3 in M.C.No.6 of 2022 in directing the respondent No.4 to harvest the land which the petitioners have cultivated • admeasuring an extent of Ac. 10.85 cents situated at Sy.Nos.l33, 134 and 135 of Ulimeswaram village, Peddapuram Mandal, Kakinada District and deposit the sale proceeds in revenue deposit in Sub Treasury, Peddapuram as illegal, arbitrary and violative of procedure contemplated under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956.

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The Criminal Petition is filed seeking direction to the respondent Nos. 2 & 3 therein (the Revenue Divisional Officer, Peddapuram and the Tahsildar, Peddapuram mandal) to handover the seized property i.e. 243.86 paddy grain bags each bag containing 75 kgs to

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2

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the petitioners immediately which was in the possession of 3rd respondent by quashing the proceedings in M.C.No.6 of 2022, dated 30.12.2022 before the Sub-

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Divisional Magistrate at Peddapuram.

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Since both the cases are inter-connected, they are

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being disposed of, by this Common Order.

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Learned counsel for the petitioners in both the cases submitted that by virtue of the orders passed by the Sub Divisional Magistrate, Peddapuram, the crop. that has been yielded, has been disposed of, and the amounts have been deposited in Revenue Sub Treasury. The main grievance of the petitioners is that the amounts that have been deposited in the Revenue Treasury, be directed to be deposited in the Court of Special Officer for

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Tenancy Cases-cum-Additional Junior Civil Judge, Peddapuram, as the A.T.Cs. filed in respect of the subject property are pending before the Special Officer.

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As it is seen from the record, it is clear that the learned Sub Divisional Magistrate and Revenue

S&:.-

3

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Divisional Officer, Peddapuram passed an order dated 30.12.2022 in M.C.No.6 of 2022 attaching the schedule property viz. an extent of Ac. 10.85 cents situated at Sy.Nos;133, 134 and 135 of Ulimeswaram village, Peddapuram Mandal, Kakinada District, along with paddy, under Section 146(1) Cr.P.C until a competent court determines the rights of the parties with regard to the persons entitled to the possession, and appointed Sri V.Jitindra, Mandal Executive Magistrate 8b Tahsildar, Peddapuram as Receiver over the schedule property. 6. Admittedly, petitioners in the Writ Petition and others filed A.T.C.No.5 of 2017 on the file of the Special Officer for Tenancy Cases-cum-Additional Junior Civil Judge, Peddapuram against some of the petitioners in the Criminal Petition, under Sections 10 and 16 (1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, as amended by the Act 39/1980, with a prayer to declare the petitioners therein as cultivating tenants of the subject property and grant a. consequential permanent injunction restraining the respondents therein from

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4

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interfering with their peaceful possession and enjoyment over the subject properties and their tenancy rights. Some of the petitioners in the Criminal Petition filed A.T.C. No.4 of 2018 before the Special Officer against the petitioners in the Writ Petition, under Sections 12 and 13 of the Act, 1956, seeking eviction of the respondents therein from the subject property and direct them to hand over vacant possession of the said property and also for restoration of electrical bore well and hand over the same in the working condition. The said A.T.Cs. are pending before the learned Special Officer. When substantial rights of the parties with regard to the subject property are pending adjudication before the learned Special Officer, it is desirable that the sale proceeds of the crop yielded from out of the subject property be deposited before the learned Special Officer, which shall be subject to out come of the A.T.Cs. pending before it.

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In view of the aforesaid reasons, the Order dated 30.12.2022 passed in M.C.No.6 of 2022 by the Sub

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5

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Divisional Officer, Peddapuram is modified. The sale proceedings of the crop yielded from out of the subject

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property is directed to be deposited before the learned

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Special Officer for Tenancy Cases-cum-Additional Junior

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Civil Judge, Peddapuram to the credit of A.T.C.No.5 of

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2017 pending before the Special Officer.

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With the aforesaid directions, the Writ Petition and

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the Criminal Petition are disposed of.

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As a sequel, miscellaneous petitions, if any, pending shall stand closed.

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Sd/-K. TATA RAO DEPUTY REGISTRAR

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/

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//TRUE COPY//

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The Principle Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District.

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The District Collector, Kakinada District at Kakinada, Erstwhile East Godavari District.

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The Sub-Divisional Magistrate, at Peddapuram, Kakinada District.

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The Special Officer for Tenancy Cases-cum-Additional Junior Civil Judge, Peddapuram, Kakinada District.

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The Revenue Divisional Officer cum Sub Divisional Magistrate, Peddapuram, Kakinada District, Erstwhile East Godavari District.

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The Tahsildar, Peddapuram mandal at Peddapuram, Kakinada District, Erstwhile East Godavari District.

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The Sub inspector of Police, Peddapuram Police Station, Kakinada district. Erstwhile East Godavari District.

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One CC to Sri Chintapalli Srinivas, Advocate [OPUC] 9. One CC to Sri A K Kishore Reddy, Advocate [OPUC]

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One CC to Sri Ch. Srinivas, Advocate [OPUC]

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Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

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Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT]

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Two CD Copies

RAM

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HIGH COURT

DATED:16/08/2023

COMMON ORDER WP.No.1584 of 2023 &

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fe 11 SEP 2023

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CRLP.No.539 of 2023

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DISPOSING OF THE WP.No.1584 of 2023 &

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DISPOSING OF THE CRLP.No.539 of 2023

Medidi Venkatewswarlu v. The State of Andhra Pradesh

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Medidi Venkatewswarlu v. The State of Andhra Pradesh

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