TORLAKONDA MANGAMMA Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THE writ appeals are directed under Clause 15 of the Letters Patent against the orders of the learned single Judge in Writ Petition Nos.27245 of 2010 and 17903 of 2010, whereby the learned single Judge dismissed W.P.No.27245 of 2010 and disposed of W.P.No.17903 of 2010 by setting aside the impugned proceedings i.e., in Form V dated 13-7-2010 initiated by the 3rd respondent for moving "No Confidence Motion" against the petitioner with a liberty to the respondents to initiate fresh steps for moving "No Confidence Motion" against the petitioner.

(2.) THE orders passed by the learned single Judge in both the writ petitions arising out of same proceedings initiated by the 3rd respondent for moving "No Confidence Motion" against the petitioner and a common question of law is involved in both the writ appeals, both the writ appeals are, therefore, disposed of by this common judgment.

(3.) AFTER hearing, the learned single Judge dismissed the said writ petition on the ground that the impugned motion requires to be treated as a motion moved for the first time and that the bar under second proviso of Section 245 of the Act, 1994 is not attracted. The learned single Judge further observed that the petitioner having taken advantage of getting the previous motion invalidated and agreed for initiation of steps for fresh motion by the respondents in the previous writ petition i.e., W.P.No.17903 of 2010, the writ petitioner is not entitled to invoke the discretionary jurisdiction of this Court.