1

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

AND

HON'BLE MR. JUSTICE B. KRISHNA MOHAN

WRIT APPEAL No.648 OF 2021

1. The State of Andhra Pradesh,

Rep. by its Principal Secretary,

Revenue (Assignment-I) Department,

A.P. Secretariat, Velagapudi,

Amaravati, Guntur District.

2. The Special Chief Secretary and

Chief Commissioner of Land Administration,

State of A.P., Gollapudi, Vijayawada.

3. The District Collector,

Guntur District.

4. The Tahsildar,

Tenali, Guntur District. … Appellants

Versus

1 Podili Siva Murali,

S/o. Raghavendra Rao, Aged about 35 years,

R/o. Kothapeta, Tenali-522 201.

2 Gundimeda Gopi,

S/o.Subba Rao, Aged about 47 years,

R/o. 20-9-12, Chinna Ravuru Park Road, Tenali-522 201.

3 Nandikatti Siva Prasad,

S/o. Sambasivarao, Aged about 33 years,

R/o.12-1-43, Pandurangapeta, Tenali-522 201.

4 Gundimeda Suresh Kumar ,

S/o.Ammeswara Rao, Aged about 40 years,

R/o.Kothapet, Tenali.

5 Kanuri Venkata Naga Eswara Prasad,

S/o.Suryaprakasa Rao, Aged about 45 years,

R/o.Salipet, Tenali.

6 Shaik Anwar Basha,

S/o.Abdul Gafoor, Aged about 73 years,

R/o.Kothapet, Tenali.

7 Nomula Siva Nageswara Rao,

S/o.Koteswara Rao, Aged about 35 years,

R/o.23

rd

Ward, Tenali.

8 Mannem Sankar,

S/o.Samiyelu, Aged about 42 years,

R/o.Balajiraopet, Tenali.

9 Ghanta Rangaiah,

S/o.Gangarao, Aged about 41 years,

R/o.23

rd

Ward, Tenali.

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10 Ch.Satyavathi,

W/o. Venkateswarlu, Aged about 39 years,

R/o.Chandrababu Naidu Colony, Tenali.

11 Cheni Subhasini,

W/o.Tirupathirao, Aged about 29 years.

R/o.Chandrababu Naidu Colony, Tenali.

12 K.Venkata Siva Prasanti,

D/o.K.Venkata Siva Kumari, Aged about 20 years,

R/o.14-71-37, Chandrababu Naidu Colony, Tenali.

13 Siva Kumari,

W/o.Sivaiah, Aged about 34 years,

R/o.23

rd

Ward, Tenali.

14 Shaik Nayab Rasool

S/o Bade Saheb Aged about 40 years

R/o 23rd Ward Tenali

15 Shaik Mabula

S/o. Jilani Aged about 26 years

R/o. 24

th

Ward Chandrababu Naidu Colony , Tenali

16 Shaik Jilani

S/o. Ramtulak Aged about 49 years

R/o. Chandrababu Naidu Colony

Morrispeta Tenali

17 Nomula Venkata Siva Muthyalu

S/o Koteswara Rao Aged about 45 years

R/o Morrispeta Tenali

18 Srigiri Ranga Nayakamma

W/o Srigiri Raju Aged about 57 years

R/o 254839 4th line Morripet RR Nagar Colony Tenali

19 Veerastu Samrajyam

W/o Srinivasa Rao Aged about 69 years

R/o No 73681 Morrispeta C B N Colony Tenali

20 Vemula Suresh

S/o Nagulu Aged about 42 years

R/o R R Nagar Tenali

21 Peddapeta Kalyani

W/o Nagulu Aged about 59 years

R/o Chinravuru Tenali

22 Sanamsetti Vani

W/o Pichaiah Aged about 49 years

R/o Morrispet Tenali

23 Mannam Lokeshwari

W/o Suresh Aged about 32 years

R/o Balajiraopet Tenali

24 Tadiboina Dhana Raju

S/o Subramanyam Aged about 45 ye ars

R/o CBN Colony Morrispet Tenali

25 Mannam Govardhanamma

W/o Venkateswarulu Aged about 39 years

R/o Balajiraopet Tenali

26 Mannam Ramesh

S/o Gopaiah Aged about 29 years

R/o Balajiraopet Tenali.

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27 Danaboyana Nagarjuna

C/o Raghu Aged about 33 years

R/o. Krishnarao Naidu Street, Kothapeta

Beside LIC Tenali.

28 Ravipati Anil

S/o Srinivasa Rao Aged about 32 years

R/o Morrispet Tenali

29 Dasari Sakunthala

W/o Ramachandra Rao Aged about 50 years

R/o C B N Colony 23rd Ward Tenali

30 Thota Harika

W/o Venkat Kumar Aged about 34 years

R/o 23rd Ward Tenali

31 M Sekhar

S/o Gopaiah Aged about 28 years

R/o Station Road Balajiraopet Tenali

32 Pasupuleti Niraja

W/o Yedukondalu Aged about 39 years

R/o C B N Colony 23rd Ward Tenali

33 Sammeta Durga Vara Prasad

S/o Sammeta Anjaneyulu Aged about 40 years

R/o 181519 Muth Reddy Street Salipet Tenali

34 Tadi Poorna Chandra Rao

S/o Anjaneyulu

R/o C B N Colony Morrispet Tenali

35 Pasupuleti Srivalli

W/o Ramana Babu Aged about 31 years

R/o Morrispet Tenali

36 Mohamthad Nafiza

W/o Nazeer aged about 34 yeras

R/o Devi Chowk Tenali

37 Shaik Abdul Gafoor

S/o Anwar Basha Aged about 37 years

R/o Jampani Kothapet Tenali

38 Keerthipati Sri Devi

W/o Venkateswarlu aged about 47 years

R/o Morrispet Tenali

39 Ravuri Sarnbrajyam

W/o Punnaiah aged 53 years

R/o Bhavanamvari Street Ganganammapet , Tenali

40 Konkepudi Lakshmi Narasamma

W/o Venkata Rattaiah aged 43 years

R/o Muttimesttipalem tenali

41 Konda Pavani

W/o Konda siva Sankar aged about 26 Years

R/o C B N Colony Tenali

42 K Vijayalakshmi

W/o Sivaji aged about 32 years

Chandra Babu Naidu Colony Tenali

43 Maddala Jhansi Rani

W/o Chandrasekhara Rag aged About 37 years

R/o Balajiraopet, Tenali.

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44 Konda Ratna Kumari

W/o Nagababu aged about 34 Years

R/o C B N Colony Tenali

45 kamadula Uma Maheswari

W/o Ramaiah aged about 30 years

R/o Near Gaiety Hall Tenali

46 Neelamaktam Sambaiah

S/o Venkateswarlu aged About 30 years

R/o 23rd Ward Tenali

47 S Leela Prasad

S/o Peraiah aged 42 years

R/o Mahendra Colony Balaji Rao Peta Tenali

48 Chilakalapudi Ramana

W/o Koteswara Rao aged About 50 years

R/o 23rd Ward Tenali

49 Balajangam Adilakshmi

W/o Venkateswarlu aged About 70 years

R/o Chandrababu Naidu Colony Morrispet Tenali

50 T Ashok Kumar

S/o Sambasiva rao aged 35 years

R/o C B N Colony Morrispet tenali

51 Bussa Subbayamma

W/o Ramesh aged about 30 Years

R/o Muttemsettipalem Tenali

52 Bussa Mary

W/o Subba Rao aged about 37 years

R/o Muttemsettpalem Tenali

53 Sankavarapu Rattamma

W/o Adinarayana aged About 73 years

R/o Sarojininaidu Street Kothapeta Tenali

54 K Shanti Kumari

W/o Mangapathi aged about 39 Years

R/o Muttemsettipalem Tenali

55 Mangalarapu Jagadeeswari

W/o Koteswara Rao Aged about 50 years

R/o Morrispet Tenali

56 Kurmala Sunitha

W/o Srinivasa Rao aged about 35 Years

R/o Ganaganammapet Tenali

57 Busi Anjali

W/o Ramu aged about 30 years

23 rd Ward Tenali

58 K Rambabu

S/o Rangarao aged about 42 years

R/o Chandrababu Naidu Colony Tenali

59 Thumati Nithin

S/o Vijay Kumar aged about 34 years

R/o lslampet Tenali

60 Aripati Mastanamma

W/o Chennaiah aged about 50 Years

R/o Muttemsettipalem Tenali

61 Chintaa Aruna

W/o Srinivasa Rao aged about 38 Years

R/o K V Subbaiah Street Pandurangapeta Tenali

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62 K Arunakumari

W/o Srinivasa Rao aged about 41 Years

R/o Hanuman Vari veedhi Morrispetta Tenali

63 Devisetty Sambasiva rao

S/o Basavapunnaiah aged about 45 years

R/o Ganganammapet Tenali

64 K Srilakshmi

W/o Jagadish aged about 32 years

Malladhi Vari Street M S Palem Tenali

65 N Saraswatamma

W/o Venkata Rao aged about 32 Years

R/o Nandulapeta Tenali

66 Satuluri Krishna Veni

W/o Babu Rao aged about 49 Years

R/o 16th Ward Tenali

67 Chatragadda Venkateswaramma

W/o Ramu aged About 32 years

R/o 23rd Ward C B N Colony Tenali

68 Kondam Prameela

W/o Siva Nageswara Rao aged About 45 years

R/o Chandra babu Naidu Colony 23rd Ward Tenali

69 P Naga Malleswari

W/o Ramesh aged 33 years

Morrispeta Chintala Malapalli Tenali

70 Garika Venkateswaramma

W/o Nagaraju aged about 28 years

R/o C B N tenali

71 Dhulipudi Aruna

W/o Srininvasa Rao aged about 37 Years

R/o 8th Ward Tenali

72 P Manjula

W/o Srinu Vasu aged 37 years

R/o Beside Vijaya Bank Balaji Rao Peta Tenali

73 Yenumula Srinivasa rao

S/o Venkateswara Rao aged about 37 years

R/o Salipet Tenali

74 Tadiparthi Balaswami

S/o Nageswara RAo aged about 37 years

R/o lvraltepaclu 23rd Ward Tenali

75 Palaparthi Siva Nagamani

W/o Srinivasa Rao aged About 40 years

R/o C B N Colony 23rd Ward Tenali

76 Poluboina Venkateswara rao

S/o Kondaiah aged About 42 years

R/o Chandrababu Naidu Colony

77 T Lakshmi Prasanna

W/o Ravindra Prasanna aged 31 years

R R Nagar Morrispeta Tenali

78 Thota Nirmala

W/o Babu Rao aged about 45 years

R/o 23rd Ward Tenali

79 Kondarn Nageswara Rao

S/o Anantharamaiah aged about 46 years

R/o 23rd Ward Tenali

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80 Yinturi Subbayamma

W/o Somaiah aged 57 years

R/o R R Nagar Morispeta Tenali

81 Tattukola Ammaji

W/o Koteswra Rao aged about 50 Years

R/o Nazerpet Tenali

82 Bhimisetti Nagamma

W/o Venkateswara Rao aged About 55 years

R/o 23rd Ward Tenali

83 Machavarapu Sunith

W/o Madusudhana Rao aged About 39 years

R/o Kothapet Tenali

84 Chatragadda Pullamma

W/o Chatragadda Rajaiah Aged about 74 years

R/o Morrispet Tenali

85 Bhimisetti Rama Mohana Rao

S/o Venkateswarlu aged Aged about 45 years

R/o Chandra babu

Naidu Colony Tenali

86 G Venkata Suresh

S/o Anjaneyulu aged 25 yrs

R/o Vykuntapuram

Chinnaravuru Tenali

87 Chatra Gadda Venkateswramma

W/o Ramu aged 34 yrs

R/o C B N Colony Tenali

88 Konda Nage Manjula

W/o Late Venkata durga rao Aged about 40 yrs

R/o 23rd Ward

Chandrababu Naidu Naidu Colony Tenali

89 Shaik Rafiya Begum

W/o Khaja aged about 44 years

R/o Lenin Road N D

Colony Tenali

90 Midathala Sarojini

W/o Pedda Venkateswarlu aged About 35 years

R/o 23rd Ward C B N Colony Tenali

91 Shaik Sandhani

S/o Subhani aged about 29 years

R/o C B N Colony Morrispeta Tenali

92 Tirupathi Tirupatamma

W/o Ankamma Rao aged About 24 years

R/o Islampet Tenali

93 Gangula Padma

W/o Sreenu aged about 35 years

R/o Pandurangapet Tenali

94 Bannaravuri Venkata Narasamma

W/o Lakshmi Narayana aged about 52 years

R/o Krishna Naidu Street Kothapeta Tenali

95 Nallagandla Sri Lakshmi

W/o Malyadri aged about 34 Years

R/o NTR Road Pandurangapet Tenali

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96 Shaik Ashebun

W/o Jani aged about 53 years

R/o C B N Colony 23rd Ward Tenali

97 Shaik Hussain Bee

W/o Hussen aged about 90 years

R/o No Andraratna Road Muttem Setty Palem tenali

98 Nadrendla Radha Rani

W/o Giridhar Reddy aged about 30 years

R/o Ramalingeswarapet Tenali

99 Melam Jyothi

W/o Chenna aged about 50 years

R/o Salipet Tenali

100 Podili Swarna Latha

W/o Vana Kishore aged about 30 Years

R/o Kothapet

101 Siva Murali

S/o Raghavendra Rao aged about 28 Years

R/o Kothapet Tenali

102 Inturi Anuradha

W/o Nagoor Babu aged about 27 Years

R/o 23rd Ward Tenali

103 Veerasthu Venkata Rao

S/o Srininvasa rao aged about 30 years

R/o Turpu Kalva Katta Tenali

104 Pattan Himambi

S/o Late ahamad aged 55 years

R/o Huzur Chowk Mosque Street

Chenchupet Tenali

105 Nallagandla Ramanamma

W/o China Rangaiah aged About 38 years

R/o NTR Road

Pandurangapet Tenali

106 Srungarapu Kalpalatha

W/o Naga Raju aged about 42 Years

R/o Jogaiah Street

Muttenisettipalem Tenali

107 Amarthaluri Praveen Kumar

S/o Peter aged about 39 Years

R/o Balajinagar Chinarairuru Tenali

108 Kolluru Krishna Kishore

S/o Nageswara Rao aged About 40 years

R/o Chinaravuru Tenali

109 Valluri Kousalya

W/o Nataraj aged about 50 years

Satyanarayana Park Road Tenali

110 Pinni Basava Kumari

W/o Murali Krishna aged zabout 40 years

R/o Sarojini Naidu St Kothapet Tenali

111 Rayapudi Bhagyamma

W/o Chelambram aged about 50 years

R/o Salipet Tenali

112 Avulamanda Tirupatamma

W/o Siva Kumar aged about 30 years

R/o Ramalingeswarapet Tenali

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113 Kumbha Naga Dhana Lakshmi

W/o Murali aged about 30 years

R/o Islampet Tenali

114 Kurala Sunitha

W/o Srinivasa Rao aged about 35 Years

R/o Ganganammapet Tenali

115 Berala Srinivasa rao

S/o Venkata Swamy aged about 45 years

R/o 23rd Ward Tenali

116 Kode Venkateswarlu

S/o Subba Rao aged about 60 Years

R/o 23rd Ward Tenali

117 Potluri Baby Sarojini

W/o Ranga Rao aged about 45 Years

R/o 23rd Ward Tenali

118 Nandikatti Siva Prasad

S/o Sambasiva Rao aged about 33 years

R/o Pandurangapet Tenali

119 Tirupathi Siva

W/o Venkaiah aged about 32 years

Chandra babu Naidu Colony Tenali

120 Pasuleti Sivamma

W/o Satyanarayana rao aged about 54 years

R/o 23rd Ward Tenali

121 Bura Venkataramana

W/o Sambasiva rao aged 32 years

R/o Chinaravuru Thota Tenali

122 Ravula Ramana

W/o Pullaiah aged about 45 years

Chinaravuru Thota Tenali

123 Katikam Ramana

S/o Atchaiah aged about 34 years

R/o Chinaravuru Thota Tenali

124 Angirekula Naga Lakshmi

D/o Siva Prasad aged about 20 years

Bhimaraju Vari Street Muthemsetty Vari Palem,

Tenali 522201.

125 Garikapati Vijayalakshmi

W/o Late Sambasiva Rao aged about 55 years

R/o Indiranagar Vanadi Colony Tenali

126 Bheemisetti Naghendramma

W/o Krishna Murthy aged about 55 years

R/o Chandrababu Naidu Colony tenali

127 Dara Hemalatha

W/o Rajeshbabu aged about 30 years

R/o Vykuntapuram Tenali

128 Garikapati Lakshmi

w/o Mangaiah aged 48 Years

R/o Chandra babu Naidu Colony Tenali

129 Angirekula Silpa

w/o Siva Prasad aged 30 years

R/o M S Palem Tenali

130 Tenali Municipality

through its Commissioner Tenali.

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131 Sri P Ravi Babu

Tahsildar Tenali.

132 Union of India,

Rep. by its Secretary,

Ministry of Housing and Urban Affairs,

Nirman Bhawan Maulana Azad Road,

New Delhi-110011.

133. The Andhra Pradesh State Housing Corporation

Limited, Plot No.11 & 12,

Nirmaan Bhavan, Behind Autonagar

Telephone Exchange, Autonagar, Vijayawada,

Krishna District,

Rep. by its Managing Director. … Respondents

Counsel for the Appellants : Mr. Subrahmanyam Sriram

Advocate General

Mr. P. Sudhakar Reddy

Additional Advocate General

Counsel for the Respondents : Mr. V. S. R. Anjaneyulu

Senior Advocate for R1-R129

Mr. M. Manohar Reddy

Standing Counsel for R130

Mr. Harinath N.,

Asst. Sol. Gen. for R-132

Mr. E. V. Jagannadha Rao,

for R-133

ORAL JUDGMENT

Date: 30.11.2021

(Per Hon’ble Mr. Justice Ahsanuddin Amanullah)

Heard Mr. S. Sriram, learned Advocate General with

Mr. P. Sudhakar Reddy, learned Additional Advocate General for the

appellants; Mr. V. S. R. Anjaneyulu, learned Senior Counsel along with Mr.

B. S. S. Kumar, learned counsel for the private respondents no.1 to 129; Mr.

M. Manohar Reddy, learned Standing Counsel for the respondent no.130;

Mr. Harinath N., learned Assistant Solicitor General for the respondent

no.132 and Mr. E. V. Jagannadha Rao, learned counsel for the respondent

no.133.

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2. The present appeal is directed against the Judgement and Order

passed by the learned Single Judge in Writ Petition No.25275 of 2020 dated

08.10.2021, whereby the writ petition came to be allowed in the following

terms:

“(a) Guideline No.3 of G.O.Ms.No.367 dated 19.08.2019, clause (x)

(xi) and (xii) of G.O.Ms.No.488 dated 02.12.2019 and clause (b)

and clause (d) of G.O.Ms.No.99 dated 31.03.2020 as illegal,

arbitrary and they are hereby quashed, consequently,

respondents are directed to cancel the deed of conveyance

registered in favour of allottees following the procedure laid down

in law while directing to issue D-Form patta in favour of allottees,

strictly in terms of clause 3 of G.O.Ms.No.367 dated 19.08.2019

after considering the recommendations of expert committee vide

clause (c).

(b) Guideline No.2 of G.O.Ms.No.367 dated 19.08.2019 as illegal,

arbitrary and violative of Articles 14, 15 (1) of the Constitution of

India and defeating the object of scheme and Article 39 of the

Constitution of India besides violative of Articles 7 and 17 of the

Universal Declaration of Human Rights and Article 26 of

International Covenant on Civil and Political Rights, and they are

hereby quashed, consequently, the State is directed to allot house

site to men and transsexual also on par with women, subject to

their eligibility.

(c) Further, the State is directed to appoint a special committee

consisting of expert from Central Pollution Control Board; expert

from Ministry of Housing and Urban Affairs; Health expert from

Ministry of Health and Family Welfare to examine the issues

discussed in the earlier paragraphs, within one (1) month from the

date of receipt of copy of this Order to submit a report within one

(1) month thereafter and publ ish the report in two local

newspapers inviting objections from the public and finalise the

scheme “Navaratnalu – Pedalandariki Illu” for construction of

houses in the house sites keeping in view the impact on

environment, health hazards etc. and increase/enhance the

area, if necessary by acquiring more site , allotted to the

beneficiaries modifying the layouts keeping in view the report to

be submitted by the Special Committee. Till completion of such

exercise, constructions shall not be proceeded in the land allotted

to beneficiaries under the scheme “ Navaratnalu –

Pedalandariki Illu. No costs.”

3. Pursuant to the appeal, an additional affidavit has been filed on

behalf of the appellants. Written arguments have also been filed on behalf of

the respondent no.1.

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4. The writ petition was filed by the private respondents seeking house

site pattas under the scheme called „Navaratnalu – Pedalandariki Illu‟

(hereinafter referred to as the „Scheme‟).

5. This appeal was heard in extenso on 24.11.2021 and 25.11.2021.

6. On 25.11.2021, after addressing arguments, time was sought for by

learned Senior Counsel for the private respondents to seek instructions, in

view of the appellants‟ stand, as brought forth in the additional affidavit.

7. Today, at the very outset, learned Senior Counsel for the private

respondents drew our attention to Paragraph-6 of the additional affidavit

which states that “in the event of any of the petitioners submitting a

representation to the Government, seeking reconsideration of their applications

or their cases for allotment of house sites, the same shall be considered by the

Government in accordance with the policy as indicated in the pleadings.”

Learned Senior Counsel submitted that the writ petitioners, who have still

not been granted house site pattas under the Scheme, would submit their

fresh representations to the Government seeking reconsideration of their

applications, which may be considered within a fixed time-period.

8. In view thereof, learned Senior Counsel for the private respondents

submitted that they be permitted to withdraw the writ petition itself, so as to

put a quietus to the controversy.

9. Learned Advocate General submitted that if the private respondents,

who have still not been granted house site pattas make fresh representations

within three weeks from today, the same shall be considered in a

transparent and objective manner and decision thereon shall be taken

within three months from the date of filing such fresh representations before

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the appellant no.3 viz. District Collector, Guntur District in accordance with

law and within the parameters of the aforesaid Scheme.

10. Having regard to the aforesaid, in the considered opinion of the

Court, in praesenti, the requirement to examine the rival contentions is

obviated since the writ petitioners themselves wish to withdraw the writ

petition with liberty to file fresh representations for those amongst the writ

petitioners, who have not been allotted house site pattas.

11. The parties are ad idem on the order to be passed. Accordingly,

taking note of the additional affidavit, the submissions made by the learned

Advocate General and the learned Se nior Counsel for the writ

petitioners/private respondents, as recorded hereinabove, we direct as

follows, with the parties‟ consent:

11.1. This Writ Appeal is allowed and the impugned Judgement and

Order dated 08.10.2021 passed by the learned Single Judge is set aside.

11.2. The Writ Petition No. 25275 of 2020 stands dismissed as

withdrawn.

11.3. The writ petitioners, who have not yet been given house site

pattas under the Scheme, shall make a fresh representation/application

within 3 weeks to the respondent no.3, namely the District Collector, District

Guntur. The same shall be decided having due regard to the Scheme

expeditiously and no later than within 3 months from the date of such filing.

12. Needless to state, as this order is passed with the consent of the

parties, we express no opinion whatsoever on merits.

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13. Pending applications, if any, shall stand consigned to records.

_________________________________

(AHSANUDDIN AMANULLAH, J)

__________________________

(B. KRISHNA MOHAN, J)

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HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH

AND

HON’BLE MR. JUSTICE B. KRISHNA MOHAN

WRIT APPEAL No.648 OF 2021

Date : 30-11-2021

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