P. Shankar Rao, M. L. A. , Secunderabad / Cantonment, Hyderabad vs Government of A. P. rep. by its Principal Secretary, Industries Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(AP) 611

VILAS V.AFZULPURKAR, NISAR AHMAD KAKRU
P. Shankar Rao, M. L. A. , Secunderabad / Cantonment, Hyderabad – Appellant
Versus
Government of A. P. rep. by its Principal Secretary, Industries Department – Respondent

Advocates:
Amicus Curiae for the Petitioner.
C.P for Industries and CQmmerce for Respondent No.I.
Mr. B.P.Mohan Rao S.C for APIIC for Respondent Nos. 2 and 3.
M/s. C.V. Mohan Reddy, L. Nageswara Rao and E. Manohar for Mr. Akshaya Babu, Counsel for Respondent No.4.
Mr. M. Dhanunjaya Reddy, Counsel for Respondent No.5.
G.P. for Revenue for Respondent No.6.
Advocate General for Respondent No.7.
Mr. Ponnam Ashok Goud, Assistant Solicitor General for Respondent No.8.
Mr. P. Keshav Rao, S.C for CBI for Respondent No.9.
Mr. H. Prahalad Reddy, Counsel for Respondent No.1O.
M/s. C.V. Mohan Reddy, L. Nageswara Rao and E. Manohar, Senior Counsel for Mr. P.V.S. Sai Kumar, Counsel for Respondent No.n and for Mr. V.V. Adminarayana, Counsel for Respondent No.12.
Mr. P. Sri Raghu Ram, Counsel for Respondent No.l3.

ORDER (Per Nisar Ahmad Kakru, C.J.)

This Public Interest Litigation Petition owes its origin to a letter dated 22-11-2010 of one Shri P. Shankar Rao, a Member of the Legislative Assembly (MLA), Secunderabad Cantonment, (SC) Constituency, Andhra Pradesh, seeking a direction for enquiry by the Central Bureau of Investigation ("CBI" for short), inter alia, into the alleged misappropriation of public property and criminal conspiracy, consideration whereof resulted in a direction dated 23-11-2010 in the following words of the then Acting Chief Justice, "Registrar Judicial. Check and put up as Taken-up case before DB IV". In compliance with the said direction of the Acting Chief Justice, the letter of the MLA came to be registered as a "Taken-up Writ Petition", maintainability whereof was questioned by the respondents mainly on the ground that it is politically motivated and is filed to settle the political scores. The objection was turned down by a detailed reasoned

order by one of the co-ordinate Benches of this Court which was questioned by medium of a Special Leave Petition before the Hon'ble Supreme Court but of no avail to the respondents. A Review Petition was also filed in this C

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2011 Supreme(AP) 611

VILAS V.AFZULPURKAR, NISAR AHMAD KAKRUP. Shankar Rao, M. L. A. , Secunderabad / Cantonment, Hyderabad – AppellantVersusGovernment of A. P. rep. by its Principal Secretary, Industries Department – Respondent

VILAS V.AFZULPURKAR, NISAR AHMAD KAKRU
P. Shankar Rao, M. L. A. , Secunderabad / Cantonment, Hyderabad – Appellant
Versus
Government of A. P. rep. by its Principal Secretary, Industries Department – Respondent