LAWS(APH)-2005-4-15

PEELA POTHI NAIDU Vs. STATE OF A P

Decided On April 26, 2005
PEELA POTHI NAIDU Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Since the issues of facts and law involved in all these writ petitions are inter-related and arise out of a single Government Order, they are clubbed and heard together and they are being disposed of by this common judgment.

(2.) The petitioner in W.P. No. 14110 of 2004 and W.P.No.18791 of 2004 is Sri Peela Pothi Naidu, Advocate whereas the petitioners in W.P. No.1364 of 2005 are Telugu Desam Party rep. by its Secretary Sri Kadiam Srihari and Sri Ashok Gajapathi Raju, former, Minister. In W.P. No.1364 of 2005, a Freelance Journalist-Mr. ABK Prasad and several other Members of Legislative Assembly got impleaded as respondents 4 to 14.

(3.) The petitioner in W.P. No. 14110 of 2004 sought the relief of issuance of Quo Warranto against the third respondent i.e., Sri Justice B.K. Somasekhara (Retd) and consequently to set aside the G.O.Ms. No. 58 I&CAD (P.W.GV.3) Department dated 22-6-2004 published in A.P. Gazette Part I Extraordinary No.243-C dated 22-6-2004 issued by the first respondent, as illegal, arbitrary, contrary to law and the provisions under the Commissions of Inquiry Act, 1952 (for short 'the Act') and violative of Articles 14 and 21 of the Constitution of India, whereas the relief sought for in WP No. 18791 of 2004 is to issue a Writ of Prohibition against the third respondent i.e., Sri Justice B.K. Somasekhara from functioning as Commission of Inquiry as per G.O. Ms.No.58 I&CAD (PW-GV3) Department dated 22-6-2004. In WP No.1364 of 2005, the petitioner prayed this Court to issue a writ of Mandamus declaring the said G.O. Ms.No.58 dated 22-6-2004 as arbitrary and illegal and also to declare the entire proceedings of the second respondent-Commission subsequent to its revival as being vitiated by bias of the third respondent and for a consequential direction to the third respondent to forbear from continuing with the enquiry by the second respondent Commission.