Allowed

Konakati Shankar Reddy v. The Government of Andhra Pradesh

Telangana HC9 Jan 2024WP/38617/2013

Case brief

AI extract

What is this about?

High Court for Telangana disposed of a writ petition filed by farmers of Ontimamidipally village seeking to rectify financial remittals. The Court directed respondent authorities to remit arrears of local cess, stamp duty, and other income pertaining to the Ontimamidipally Gram Panchayat, originating from a 1980 bifurcation order which was not implemented. Dismissed with costs.

What did the court decide?

Direction to remit arrears of local cess, stamp duty, and other income to the credit of Gram Panchayat, Ontimamidipally within six months.

Konakati Shankar Reddy Vs The Government of… — Public Procurement and Tenders | Telangana HC (2024)

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[³³⁰²¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 38617^{OF 2013}

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Between:

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Konakati Shankar Reddy, S/o.Chandraiah,^{aged about 50 years,Occ} Agriculture, Ryo.Ontimaniidipally^{village,Wardhannapetmandal Warangal} district.

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Pendli Malta Reddy, S/o.Jennaiah,^{aged about40 yegrs,occ Agriculture,} R/o.Ontimamidipally, Wardhannapet^{mandal Warangal District.}

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Gone Kumaraswamy, S/o.Rajaiah,^{aged about 38 years, occ Agriculture'} Rl/o.Ontimamidipally,'Wardhanhapet^{mandalWarangal District-}

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Kaduluri Kumarbswamy, S/o.Maliaiah,^{aged about 45 years, occ Agriculture,} Rl/o.Ontimamidipally, Wardhannapet^{mandalWarangal District.District.}

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Rl/o.Ontimamidipally, Wardhannapet^{mandalWarangal District.District.}

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1. Merou Raieswir,^{-S/o.Raiamallu,aged about 50 years,occ Agriculture,} R/o.bntimdmidipally, Wanjhannapet^{mandalWarangal District.}

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1. Pendli Mogili, S/-o.Buchaiah,^{aged about 58 y9lFr} .^{occ Agriculture,} Ryo.Ontimamidipally, Wardhannapet^{mandalWarangal District.}

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Mirvala Sammdiah, S/o.Komuraiah,^{agedabout 58 years' occ Agriculture,} Ri/o'.Ontimamid ipally, Wardhannapet^{mandalWarangal District-}

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Maiiiqa Ramulu, S/o.Chandraiah,^{aged about 35 years, occ Agriculture,} R/<j.6ntimamidipally, Wardhannapet^{mandalWarangal District.}

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Majjiga Mallaidh,^{-S/o.Narsaiah,aged about 55 yejtrs,.occ Agriculture,} F/d.6ntimamidipally, Wardhannapet^{mandalWarangal District.}

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Raiarapu Raiu, Slo.Gattaiah,^{aged about 37 years, occ Agriculture,} Ryri.Oritimami6ipally, Wardhannapet^{mandalWarangal District.}

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11.Pendli nga n€jOOy, S/o.^{Rajaiah,aged abgut 60 y99r.s,occ Agriculture,} R/o.Ontiriamidipally, Wardhannapet^{miandal Warangg! District.}

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l2.Gotukula Ram iledllv,^{S/o.Komuiaiah' aged about 46 years, occ Agriculture,} Rl/o.Ontimamidipally,-Wardhannapet^{mandalWarangal District.^^}

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l3.Mamindla Sanipath,^{S/o.Chinna Komuraiah aged about36} .years,.^occ - Agriculture, Rl/o.bntimamidipally, Wardhannapet mandal Warangal District.

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f +.p6nOii iaxminarayana,^{S/o.lla-liaian,aged} ilout^{45.Lqars,.occAgriculture,} Rl/o.Ontimamidipaily,^{Wardhannapet mandalWarangal District'}

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l5.Kaduluri Narsi iteddy,^{S/o.Narsaiah,aged about 48} [9ars,^{occ Agriculture,}

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Ryo.Ontimamidioallv, Wardhannapet mahdal Warangal District'

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l6.Chenchu Ram^{'Reddv, S/o.Mallaiah,aged about 70 years, occAgriculture,} -' R/o.Ontimarnidipally, Wardhannapet mandal Warangal District'.-

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lT.Chenchu Prathap-^{Reddy, S/o.Sai Reddy aged} .about⁴⁵ ,YSPF, ^occ Aoriculture. FUo.Ontimamidipally,^{wardhannapetmandal warangal ul$flct.}

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18 C";;R;hunadham, S/o.Aoi^{iiedov,aged ibout 35 years,occ Agriculture,} - nyo.Ontiniamidipally, Wardhannapet'mandal Warangal District'

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lg.Ponnala Raju,'^{STo.Mallaiah, aged about} .^{33 y91F:} .^{occ Agriculture'} R/o.Ontimamidipally,^{WardhannapetmandalWgra1tS-a.! District'}

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20.Musku Raii^{Reddy,- S/o. Raja Mallaiah,aged about 70 years, occAgriculture'} -- nyo.Ontlm'amidipdlly, Wardliannapet mandal Warangal District'

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2l.Maiiga.Eswaraiah, S/o. Komuraiah aged about 58 years, occ Agriculture, Rl/o. Ontimamidipally_. Ward hannapet maindal Warangal bistribt-

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^ ^ 22.Mamindla Pedda Raji F.gdqy, _SIo Mailaiah, agdd about 55 years, occ Agriculture, Fl/o.ontimamidipaliy, wardhannapet mlandal waranoalbistrict

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23.Adepu .Dayakar, S/oSudhak5r, aged about 38 years- oii- ngriirlilr", ^^{. Rl/o..Ontimamidipally,Wardhannapet-mandal Waranga'l Distiict} 24. Penthalu Venkanna, .^{s/o.saireddy, aged about 5b years,occ Agricurture,} ^^{F/g OJrlimgqlOtp"tly,W_ardhannap'etm6ndat Warangat'Distri'ct.-- ""--'} ZS l,Olr{!y Raji .Reddy,.S/otaxminarsu, aged about 5B years, occ Agricutture, ^ ^^{ruo.Ontimamldip.a]ly,Wardhannapet mandal Warangal District.} 26.Pena Malla Reddy, s/o.Komuraiah, aged about 3--5 years, occ Agricurture, ^^{Ryo.Ontimamidipally,Wardhannapet malndal Warangatbiitrlbt. --'-' --"} 27. Penthala Ravi, S/o. .Veeraswamy, aged about 3b years, occ Agricurture, - - " '-- '

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R/o.Ontimamidipally, Wardhannap-et m-andal Warangal'District.

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AND

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...PET|T|ONERS

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The Government of. {ndhrq^pradesh, represented by_ its principal Secretary, ^^{fgnq!.aygth Raj and Rurar Deveropmentbepartmentsecretariad. t-tvoeiaoao.} 5 il3 [i3il3[ 88|3f; :?,!iAHiSIl]f,T,i # ifl "Y,?Ei,'.er' wa ra ns a I d i strict 4. The Divisional^panchayath Officer, WarEngat, Waiangii disirict.

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The Gram Panchayath, rnovore viilag^e,-wbrdhannipei minoar, warangar ^^{district, represented by its Panchayath -Secretary.} 6. The Gram Panchayqllr, Ontimamidipaily Ontimamidipally village, wardhannapet mandar. warangar district, reiresented oy i[J Fancn-iyitti Secretary.

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The District Registrar, stamps and Registration Dept., warangal District.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia pi"ying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not remitting the income such as local cess, stamp duty arrived on registration of lands, income derived on conducting auction of fishing rights of the water bodies (tanks) situated within the limits of Gram panchayath ontimamidipally, construction permission fee of proposed new houses and house tax collected from the houses already constructed within the limits of gram panchayath ontimamidipally, araising out of the lands shown in annexure ll attached to the orders dt. 30.10.1980 in Rc.No.3193/PE/79 passed by the 2nd respondent in effecting the bifurcation of ontimamidipally and lnovole villages, to the credit of Gram Panchayath ontimamidipally, as illegal, arbitrary and consequently direct the respondents to remit the amounts derived on the afore said heads to the credit of Gram Panchayath ontimamidipally, wardhannapet mandal, warangal district

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A. NO: 1 OF 2013 WPMP. NO: 47993 OF 2013

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Petition under Section 151 CPC^praying thatⁱⁿ the circumstances stated in the affidavit filed in support of^{the petition, the HighCourt may be pleased to} direct the respondents to^remit the^{amounts derived from local cess, stampduty} arrived on registration of lands, income^{derived on conducting auction of fishing} rights of the water bodies^(tanks) situated^{within the limits of GramPanchayath} Ontimamidipally, construction^{permissionfee of proposed new housesand house} tax collected from the^{houses already constructed araisingout of the lands} shown in annexure^ll attached^{to the orders d1.30.10.1980 in Rc.No.3193/PE/79} passed by the 2nd respondent i.e., within the^limits of^{gram panchayath} Ontimamidipally, to^{its credit, pending disposalof the above writpetition}

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Counsel for the Petitioner:^{SRI A. PRABHAKARRAO}

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Counsel for the Respondent^{Nos. 1to4&6:GP FORPANCHAYAT RAJ & RURAL} DEVELOPMENT

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Counsel for the Respondent^{No.7: GP FOR REVENUE}

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Counsel for the Respondent^{No.5: SRI P. KISHORE RAO'} SC FOR TG-MPPS GPPS

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The Court made the^{following:ORDER}

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THE HONOURABLE SRI JUSTICE^K.SARATH

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WRIT PEIITION No.38617 of 2OL3

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ORDER:

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This writ petition is filed under Article 226^{of Indian} Constitution for the following reliel

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o.. .to issue a uLit, order or direction more partiatlarly one in the nature of Wnt of Mandamus declaing the action of thq respondents in^{not remitting} the income such as local cess, stamp dutg^arrivedon registration of lands, income deriued on^conducting auction of ftshing ights of the water^{bodies(tanks)} situated utithin the limits of Gram^Panchayath Ontimamidipally, construction^permission fee^{of proposed} netu houses and house tax collected from the^houses already consttacted within the limits^{of gram panchoyath} Ontimamidipallg araising out of the lands^{shoutn in} onnexure II attacled to the^{orders dt.3q.10.1980in} Rc.No.3193/PE/79 passed bg the 2nd^{respondent in} effecting the bifurcation of Ontimamidipally^{and Inouole} uilloges to the credit of Gram^Panchagath Ontimamidipallg as illegal, orbitrary and^consequentlg direct the respondents to remit the amounts^deriuedon the aforesaid Lwads to the credit of^{Gram Panchagath} Ontimamidipallg, Wardhannapet mandal,^Warangal district. . . "

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Heard,learned Counsel appearing^{for the petitioners} and no representation for the respondents,

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tearned Counsel for the^{petitioners submitsthat all} the petitioners herein are the^{residents of Ontimamidipally} Village, Wardhannapet Mandal,^{Warangal District. Earlier} the Ontimamidipally Village^{and KummarigudemVillages} are the constituent villages of^{the Gram PanchayatInavole} Village, Wardhannapet Mandal.^{The Governmentin order} to bifurcate Inavole Village into^{Ontimamidipallyand} Kummarigudem Villages and to^{constituent them as} separate Gram Panchayats, called^{for a resolutiqnfrom the} Gram Panchayat, Inavole. Thereafter,^{the Gram Panchayat,} Inavole passed a resolution dated²⁷ .12.1979^{stating that it} has no objection in bifurcating the^{InavoleVillage into} Ontimamidipally and Kummarigudem Villages^{with two} separate new Gram Panchayats.

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l,earned Counsel for the petitioners further^submits tfat the Gram Panchayat, Inavole in its^{resolutiondated} 21.1,2.1979 requested for inclusion of Sy.No.936^{situated at} /

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Inavole Village, into the newly formed Gram Panchayat of Ontimamidipally Village. Subsequently, the Government after conducting enquiry and upon the report of the Joint Inspection Committee, Wardhannapet and the District Panchayath Officer, Warangal decided to retain Kummarigudem Village in the Inavole village and to constitute separate Gram Panchayat for Ontimamidipally Village and issued a Notification dated 30.10. 1980 in Proceeding Rc.No.3193 IPE/79 to that effect.

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Learned Counsel for the petitioners further submits that in the annexure II of the said notification, it is mentioned that the land and irrigation tanks together with assets covered in Sy.Nos.57, 60 to 299, 3OO, 3Ol, 32O, 328 to 339,780 to 935,943 to947,997 to lO7O, lOTl to 1178, 118O to ll82 and its sub-divisions were allotted to Ontimamidipally Village and as well as the lands, tanks and assets including temple falling in Sy.Nos. 1 to 45, 49, 5l , 302 to 319, 321 to 327,340 to 779, 936, 937 to 942,948 to 996, 1179, 1184, L185 to 1192 were allotted to Inavole

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I l I I

Village as shown in annexure_I and the local cess, stamp duty arrived on registration of lands falting within the limits of Ontimamidapally Village, income arrived on leasing the hshing right of tanks namely yellamma Cheruvu, Bolli Cheruvu, Tallakunta, Kaithavari Kunta, Vadioni Kunta, Kurumalachchi Kunta, patha Kunta, yellappa Kunta, GUngam, Bakkalakunta, construction permission fee for proposed houses and house tax collected from houses which are already constructed and a_lso the income derived from certain lands located adjacent to the Inavole villages are being remitted into the account of Inavole Gram panchayat instead of remitting into the account of Ontimamidipally Gram Panchayat. The Registration Department also not remitting the local cess and stamp duty collected in respect of lalds located in Ontimamidipally Gram panchayat.

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Learned Counsel for the petitioner further submits that the petitioners were submitted a representation in the month of August, 2013 to the respondent No.2 requesting a,^for effective implementation of the Notification dated

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30.10.1980 issued by the Government for bifurcation of the said villages. On contrar5r, no action has been taken by the respondents.

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Learned Counsel for the petitioners further submits that the Government at the time of allocating the assets has not allocated the assets in proportionate to the population of the villages and though the bifurcation of the said villages was done 33 years ago, the income derived from the lands situated within the limits of Ontimamidipally Village are not yet being remitted to the concerned Gram Panchayat account. Thereafter, the respondent No.3 addressed a letter to the District Registrar, Warangal requesting to remit local cess as well as stamp duty collected from the lands in Ontimamidipally Village into its account. But, no action has been taken by the concerned authorities. Aggrieved by the sarne, the present Writ Petition is filed and requested to allow the same.

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At the time of hearing, this Court having noticed \ \t"t tt. even after lapse of more than 10 years, the

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respondents did not choose to file^{any counter in this} matter denying the averments in the affidavit.

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In view of the submissions^{made by the learned} counsel for the petitioners, this^{Court is of the considered} view that the local cess, stamp duty^{and other income} derived from the lands located in^{Ontimamidiapally Village} are not being remitted into^{its account since long time and} this Court feels it is appropriate^{to dispose of the writ} petition directing the Respondent-Authorities^{to remitthe} arrears of amounts derived from^{local cess, stampduty on} registration of lands, income^{from conducting'auctionof} frshing rights of the water bodies^{(tanks) situated within the} limits of the Ontimamidipally^{GramPanchayat,} construction permission fee^{of proposed new housesand} house tax collected for the^{houses which are already} constructed as shown in annexure^{II of the orders dated} 30.10.198O in Rc.No.3193lPBl7g,^{into the credit of the} Gram Panchayat, Ontimamidipally^{Village,within aperiod}

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of six (06) months from the date of receipt of a copy of this order.

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Accordingly, with the above direction, this Writ

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Petition is disposed of. However, there shall be no order as

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to costs.

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Miscellaneous petitions pending, if any, shall also

stand closed.

SD/.MOHD.ISMAIL

ASSISTANT R GISTRAR

//TRUE COPY//

SECTION FFICER

To,

The Principal Secretary,^Panchayath Raj and Rural Development Department Secretariat, T.S., Hyderabad.

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The District Collector,^(Panchayath Raj wing) Warangal , Warangal district.

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The District Panchayath Officer, Warangal,Warangal district.

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The Divisional Panchayath Officer, Warangal, Warangal districf.

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The Gram Panchayath, lnovole village, Wardhannapet mandal, Warangal district, represented by its Panchayath Secretary.

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The Gram Panchayath, Ontimamidipally Ontimamidipally village, Wardhannapet mandal. Warangal district, represented by its Panchayath Secretary.

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The District Registrar, Stamps and Registration Dept., Warangal District.

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Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT,High Court for the State of Telangana, at Hyderabad [OUTJ

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Two CCs to GP FOR REVENUE ,High Court for the State of Telangana,at Hyderabad [OUTI

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10.One CC to SRl. A. PRABHAKAR RAO,^Advocate IOPUCI 1 1 . One CC to SRl.^{P. KISHORE RAO, SC FORTG-MPPS GPPS} [OPUC] 12.Two CD Copies

BM GJP

(

HIGH COURT

DATED:0910112024

ORDER

WP.No.38617 of 2013

I
I 2 i i':r; r" 'r
i
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l*sq A1

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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@o1:*
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Konakati Shankar Reddy v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Konakati Shankar Reddy v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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