GOLLA SAVARI Vs. L A O

JUDGEMENT

(1.) This writ petition has been filed questioning the Circular issued by this Court in Roc.No. 3394/99/OP CELL-E, dated 27-7-1999. By the said Circular, the High Court on administrative side, following our judgment dated 23-6-1999 rendered in W.P.No. 14282 of 1998, has directed the opening of bank accounts by the Presiding Officers of executing Courts. Of course, those directions were specifically given regarding 'Yeleru Scam', having regard to the peculiar facts and circumstances of that case. To safeguard the interests of the claimants, we intended that the same should be made applicable to other cases also throughout the State. But, difficulty is expressed now with regard to the opening of the account by the Presiding Officers themselves.

(2.) We have heard Mr. E.V. Bhagiratha Rao, learned Counsel for the petitioner as also Smt. M. Bhaskara Lakshmi, learned Counsel appearing for the High Court and having regard to the facts and circumstances, we clarify our order dated 23-6-1999 passed in W.P.No. 14282 of 1998 that the said directions shall be followed scrupulously only insofar as Yeleru Scam cases are concerned but insofar as the other cases not concerning Yeleru Scam, the Circular dated 27-7-1999 is clarified that if the Bank accounts have not been opened on the date of issuance of cheque, then the Presiding Officers of the executing Courts have to deposit in the Bank as suggested by the claimants, but after thorough verification of the identification of the claimants. But in cases where Bank accounts have already been opened in the name of the claimants, the cheques may be directed to be presented for deposit into the said Bank accounts after thorough identification of the claimant/s in whose name/s the cheques are issued.

(3.) The writ petition is disposed of with the above direction. No costs.