JUDGEMENT
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(1.) A "sincere" senior most I.A.S. officer, who is working as Special Chief Secretary to the Government, Y.Srilakshmi, who is
familiar to the public of both states i.e. Andhra Pradesh and
Telangana for her honesty while discharging her duties, filed this
petition with a request to two judges out of three judges viz.
Justice M.Satyanarayana Murthy and Justice D.V.S.S.Somayajulu
to recuse/withdraw from hearing the writ petitions and to prove
their qualification to hear the lis pending before this Court on the
ground that two judges i.e. Justice M.Satyanarayana Murthy and
Justice D.V.S.S.Somayajulu were allotted house plot of an extent of
600 Sq.Yards each by the Government in Nelapadu, which is within the limits of Capital Region Development Authority, now
Amaravati Metropolitan Region Development Authority and thereby
have financial interest in the subject matter. There is a possibility
of increase or decrease of value of the land depending upon the
result of the writ petitions and proposed shifting of High Court
from Nelapadu to Kurnool will have its own impact on the value of
the property possessed by two judges on allotment by the then
Government, requested to recuse/withdraw from hearing of the
case.
(2.) The major ground urged before this Court is that two judges i.e. Justice M.Satyanarayana Murthy and Justice
D.V.S.S.Somayajulu have a "pecuniary interest" in the litigation. It
is no doubt true that these judges purchased property by paying
Rs.30,00,000.00 i.e. prevailing market value. The land was not
allotted by the State on a concessional price to these two Judges
alone, but is based on the market value and is the result of an
allotment to 14 Judges in all. The State executed a sale deed in
favour of two judges as alleged in the petition along with sale deeds
in favour of other twelve judges as a policy decision. Would it
create any pecuniary interest in the litigation is to be examined by
this Court in view of the serious allegations made against the two
judges? At this stage, it is necessary to refer to the contents of
various documents filed before this Court.
(3.) Background facts which are not mentioned in the affidavit: On 8/12/2018, the Secretary to Government (Political),
General Administration Department, A.P.Secretariat addressed a
letter vide Ltr.No.GAD01PERSOMISC/194/SC.E/2018 to the
Common High Court proposing to allot house sites to the Hon'ble
Judges, Judicial Officers and Staff working in the High court of
Andhra Pradesh. In response to the said letter, the Registrar
General addressed a letter to the Secretary to Government
(Political), General Administration Department, A.P.Secretariat
stating that the proposal to allot house sites to the Hon'ble Judges,
Judicial Officers and staff working in the High Court of Andhra
Pradesh was accepted by the Administrative Committee on
14/2/2019, and the decision of the Administrative Committee was also placed before Full Court and the Full Court has approved the
decision of the Administrative Committee on 20/2/2019.;
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