M/s. Manoharamma Hotel Investments Pvt. Ltd. Vs Asset Reconstruction Company (India) Ltd.

M/s. Manoharamma Hotel Investments Pvt Ltd, Rep. by its Director, Sri Mukund Vijayan, Corporate Office, Gemini Towers, No.601 Anna Salai, Chennai 600 006. Registered Office at: No.2, Sarangapani Street, T. Nagar, Chennai 600 017. Carrying on business at. 'Anand Regency' D.No.26-4-5, Jampet, Rajahmundry, Andhra Pradesh - 533 103.

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...Appellant/10*'’ Respondent _

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AND

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Asset Reconstruction Company India Ltd, (Trustee of Arcil-SBPS-023111Trust and Arcil-SBPS-024-ll-Trust) Represented by its Authorized Signatory, The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar, Mumbai 400 028.

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...1®* Respondent/Petitioner —

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The Government of Andhra Pradesh, represented by its Principal Secretary, Home Department, P Block, 1st Floor, Secretariat, "

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Velagupudi, Guntur Distt., Amaravathi, Andhra [email protected]. Office Phone. 08632441026. 3. The Superintendent of Police, East Godavari District, Rajamahendravaram. [email protected]

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The Deputy Superintendent of Police, East Godavari District, Central Zone, Rajamahendravasram [email protected]. Mob.9490760792

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The District Collector, East Godavari District, 5 and 8, National Highway 16, Dowlaiswaram Industrial Estate, Rajamahendravaram - 533125, collector [email protected]

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The Municipal Corporation of Rajamahendravaram, represented by its -

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Commissioner, MCR Office Rd, SeshayyaMetta, Rajamahendravaram 533101, comm [email protected]. [email protected]

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The Station House Officer, One Town Police Station, Main Road, Rajamahendravaram, East Godavari District, Andhrapradesh - 533101 shorjyl [email protected]

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M/s Anandaram Developers Pvt Ltd represented by its Erstwhile

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Director Shri Mukund Vijayan, New No.45 and 47, Arcot Road,

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Saligramam, Chermai 600 093. Alsoat.Flat No.l-A, Block No.6, Rani

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Meyyammai Towers, RA Puram,Chennai 600 028.

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M/s Bharani Properties and Developers Pvt Ltd, Rep. by its Director Sri K. Tarun Kumar, New No.45 and 47, Arcot Road, Saligramam, Chennai 600 093.

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Sri K Bappaiah, S/o Sri Prakash Rao, No.l5, Main Road Seethammal Colony, Alwarpet, Chennai 600 018.

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Sri Mukund Vijayan, S/o Sri K.G. Vijayan No.2, Sarangapani, Street T.Nagar, Chennai 600 017.

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Sri Tarun Kumar, S/o Sri Sivaramakrishnaiah, No.12/14, Taylors Estate 1st Street, Kodambakkam, Chennai 600 024.

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...Respondents/ Respondents

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lA NO: 1 OF 2025

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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 pass an Order of Stay of the operation of the Impugned Order dated 21.04.2025 in W.P.No.512f of 2025 passed by the Ld. Single Judge of this Hon'ble Court pending hearing and disposal of present Appeal and thus render justice,-

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Counsel for the Petitioner: SRI SINGAMSETTY V.M. SANKAR_ Counsel for the Respondent Nos. 2, 3, 4 & 7: GP FOR HOME ^

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Counsel for the Respondent No.5: GP FOR REVENUE ^

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Counsel for the Respondent No.6: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS)

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^ Counsel for the Respondents: SRI MULLA SOHAIL SHAREEF

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Counsel for the Respondent No.1: SRI O MANOHAR REDDY (SENIORCOUNSEL)

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Counsel for the Respondent Nos. 8 to 12:

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The Court made the following Judgment:

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APHC010245462025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3541] (Special Original Jurisdiction)

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MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

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WRIT APPEAL NO: 574/2025

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Writ Appeal under clause 15 of the Letters Patent to allow the present Appeal thereby setting aside the Order dated 21.04.2025^inWPNo. 5125 of 2025 passed by the Ld. Single Judge of this Hon'ble Court and consequently dismiss WP No. 5125 of 2025 and to pass

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Between:

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1.M/S. MANOHARAMMA HOTEL INVESTMENTS PVT LTD, REP.^BY ITS DIRECTOR, SRI MUKUND VIJAYAN, CORPORATE OFFICE, GEMINI TOWERS, NO.601, ANNA SALAI CHENNAI 600 006. REGISTERED OFFICE AT. N0.2, SARANGAPANI STREET, T. NAGAR, CHENNAI 600 017. CARRYING ON BUSINESS AT. 'ANAND REGENCY' D.NO.26-4-5, JAMPET, RAJAHMUNDRY, ANDHRA PRADESH-533 103.

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...APPELLANT

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AND

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ASSET RECONSTRUCTION COMPANY INDIA LTD, (TRUSTEE^OF ARCIL-SBPS-023-illTRUST AND ARCIL-SBPS-024-II-TRUST) REPRESENTED BY ITS AUTHORIZED SIGNATORY, THE RUBY, 10TH FLOOR, 29, SENAPATI BAPAT MARG, DADAR, MUMBAI⁴⁰⁰ 028.

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THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, P BLOCK, 1ST FLOOR, SECRETARIAT, VELAGUPUDI, GUNTUR DISTT., AMARAVATHI, ANDHRA PRADESH-522238.CHIEFSECRETARV-

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2

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RRR,J & JS,J W.A.No.574 of2025

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[email protected]. OFFICE PHONE. 08632441026.

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THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT RAJAMAHENDRAVARAM. [email protected]

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THE DEPUTY SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, CENTRAL ZONE, R AJ AM AH E N D R AVAS RAM, [email protected]. MOB.9490760792

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THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT,^5AND 8, NATIONAL HIGHWAY 16, DOWLAISWARAM INDUSTRIAL ESTATE, RAJAMAHENDRAVARAM 533125, COLLECTOR [email protected]

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THE MUNICIPAL CORPORATION OF RAJAMAHENDRAVARAM REPRESENTED BY ITS COMMISSIONER, MCR OFFICE RD, SESHAYYAMETTA, RAJAMAHENDRAVARAM - 533101, COMM [email protected]. [email protected]

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THE STATION HOUSE OFFICER, ONE TOWN POLICE STATION, MAIN ROAD RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRAPRADESH - 533101 SHORJY 1T@RJYU. APPOLICE. GOV. IN

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M/S ANANDARAM DEVELOPERS PVT LTD, REPRESENTED BY^ITS ERSTWHILE DIRECTOR SHRI MUKUND VIJAYAN, NEW N0.45 AND 47, ARCOT ROAD, SALIGRAMAM, CHERMAI 600 093. ALSOAT.FLAT NO.L-A, BLOCK N0.6, RANI MEYYAMMAI TOWERS, RA PURAM,CHENNAI600 028.

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M/S BHARANI PROPERTIES AND DEVELOPERS PVT LTD, REP. BY ITS DIRECTOR SRI K. TARUN KUMAR, NEW N0.45 AND 47, ARCOT ROAD, SALIGRAMAM,CHENNAI 600 093.

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10.SRI K BAPPAIAH, S/0 SRI PRAKASH RAO, NO.L5, MAIN ROAD, SEETHAMMAL COLONY, ALWARPET, CHENNAI 600 018.

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SRI MUKUND VIJAYAN, S/0 SRI K.G. VIJAYAN, N0.2, SARANGAPANI, STREET, T.NAGAR, CHENNAI 600 017.

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12.SRI TARUN KUMAR, S/0 SRI SIVARAMAKRISHNAIAH, NO.12/14, TAYLORS ESTATE, 1 STREET, KODAMBAKKAM, CHENNAI 600 024.

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...RESPONDENT(S):

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3

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RRR,J & JS,J W.A.No.574of2025

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lA NO: 1 OF 2025

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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 Pleased to pass an Order of Stay of the operation of the Impugned Order dated 21.04.2025 in W.P.No.5125 of 2025 passed by the Ld. Single Judge of this Hon'ble Court pending hearing and disposal of present Appeal and thus render justice.

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Counsel for the Appellant:

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1.SINGAMSETTY V.M. SANKAR

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

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4.MULLA SOHAIL SHAREEF

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4

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RRR,J & JS,J W.A.No.574of2025

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The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao)

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The 1®* respondent herein, had moved O.A.No.29 of 2016 before the Debts Recovery Tribunal - I at Chennai, for recovery of a sum of Rs.56,49,97,828/due as of 19.10.2015 together with future interest @ 16.00% p.a. with monthly rests from 19.10.2015 till the date of realization. The appellant herein, was arrayed as the 4*'" defendant in the said application. This application came to be allowed, on 13.03.2018, declaring that the 1®^ respondent would be entitled to recover the aforesaid sum with future interest @ 16% p.a. with monthly rests, from 20.10.2015 till realization in full from the defendants jointly and severally.

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Thereafter, the 1®‘ respondent, moved the Recovery Officer, Debts Recovery Tribunal - II, Chennai, by way of TRC.No.1319 of 2022. The Recovery Officer issued a warrant of taking possession of mortgaged property, belonging to the appellant herein and appointed^{anAdvocateasthe} Advocate Commissioner for taking physical possession of the said property, after issuing a notice to the Authorities concerned and thereafter, to handover the possession of the property to the Recovery Officer. The Form issued by the Recovery Officer also states that, the Advocate Commissioner would be permitted to take Police Assistance, if required in^terms of Rule 19 of the Second Schedule to the Income Tax Act, 1961, with further^{authorization} to break open the locks, of the property, if required, after observing ail the legal procedure.

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Thereafter, the Advocate Commissioner, had sought to take possession of the immovable property, which is a Hotel situated in Rajamahendravaram town. As resistance was offered, the Advocate Commissioner sought the assistance of the Police, namely the respondents 3, 4 & 7. As adequate assistance was not given, the 1®* respondent herein moved this Court, by way of W.P.No.28336 of 2024. A learned Single Judge of this Court, by an Order, dated 05.12.2024, had disposed of the Writ Petition, at the stage of admission. directing the y**" respondent, Station House Officer, I Town Rajamahendravaram, to provide Police Assistance, as per the due procedure established by Law, to the learned Advocate Commissioner, on his request before expiry of warrant i.e., 31.12.2024, to execute the warrant, issued by the learned Debt Recovery Tribunal - II, Chennai.

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The 7"^ respondent, when approached for assistance, refused to give assistance, on the ground that, the direction of the learned Single Judge was to give assistance upto 31.12.2024 and such assistance could not be given as the date had expired.

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The VSt respondent again approached this Court, by way of W.P.No.5125 of 2025, for a direction to the respondents 3, 4 & 7 to give necessary assistance. This Writ Petition was disposed of, by a learned Single Judge of this Court, by an Order, dated 21.04.2025 with a direction to the 7'^ respondent to extend the required police assistance for execution of the warrant of commission issued to the Advocate Commissioner by the Debts Recovery Tribunal - II, Chennai, in O.A.No.29 of 2016.

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RRR,J & J5,J W.A.No.574 of 2025

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Aggrieved by the said Order, the appellant has moved the present Writ Appeal before this Court.

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Sri Singamsetty V.M. Sankar, learned counsel for the appellant, contends that, the Order of the learned Single Judge requires to be set aside as the Writ Petition itself was not maintainable. The learned counsel would also contend that, the 1®* respondent has an adequate alternative remedy of approaching the Recovery Officer, Debts Recovery Tribunal - II, Chennai, under the provisions of the Recovery of Debts Due to^{BanksandFinancial} Institutions Act, 1993 (herein referred to as We Act') read with appropriate Rules. He would submit that in view of the availability of such alternative remedy, a Writ Petition would not be maintainable.

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The learned counsel for the appellant would also contend^thattheWrit Petition, even if maintainable, could not have been heard by a learned Single Judge as the Roster required all Writ Petitions filed under the provisions of the Debts Recovery Tribunal and Securitization Acts to be heard only by Division Benches of this Court.

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Sri O. Manohar Reddy, the learned Senior Counsel appearing^forthe 1®* respondent, would contend that, there is no remedy^{availableunderthe} aforesaid provisions of the Act and Rules in as much^{asthewarranthadbeen} issued by the Recovery Officer with liberty being given to the Advocate Commissioner to take the assistance of the Police Authorities. Any lack of assistance can only be rectified by directions being given by this Court under

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7 RRR,J & JS, W.A.No.574 of 2025 Article 226 of the Constitution of India. He would submit that there is no provision available for a further order to be given by the Recovery Officer to any Police Authority to grant further assistance.

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On the question of the Roster of this Court, the learned Senior Counsel, would also contend that, the Writ Petition has not been filed under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 in as much as the 1®* respondent is not invoking any provision^{underthisActor} Rules and had approached this Court on general principles^and that such assistance was granted to an Advocate Commissioner^{underthedirectionsof} the Recovery Officer.

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Learned counsel for the appellant while contending that there is an alternative remedy has not placed any Rule or Provision of Law whereby the 1®* respondent or the Advocate Commissioner could approach the Recovery Officer for any further directions.

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In these circumstances, this contention would have to be rejected. Even if such alternative remedy is available, the same would not preclude this Court from exercising its jurisdiction under Article 226^{oftheConstitution} of India. That discretion vests with this Court and the same can also be waived of the facts and circumstances of the case. In the present case, we are of the opinion that, it would be appropriate to exercise jurisdiction^{underArticle226} of the Constitution of India, in as much as an Order has already been passed by a learned Single Judge of this Court, in W.P.No.28336 of 2024, which had

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become final and relegating the respondent, to the Recovery Officer, after such an Order, would not be appropriate.

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On the question of Roster, the present Writ Appeal is an Appeal before this Court for enforcement and assistance being given to the Advocate Commissioner. It is not strictly a case, which is being filed under the Recovery of Debts Due to Banks and Financial Institutions Act,^1993.

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In that view of the matter, we do not find any impediment in directing the 7**^ respondent to give assistance to the Advocate Commissioner for taking

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possession of the property of the appellant herein.

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Accordingly, this Writ Appeal is dismissed. There shall^{benoorderasto} costs.

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

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//TRUE COPY//

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Sd/RAJVJESH BABU DEPUTY .REGISTRAR

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SEC N OFFICER

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To,

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One CC to Sri Singamsetty V M Sankar, Advocate [OPUC] 2. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] ^ 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 4. One CC to Sri A S C Bose (SC for Municipal Corporations)^Advocate [OPUC]

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