In Re.. v. Sri. Somesh Kumar

THE HON'BLE SRI JUSTICE T. VINOD KUMAR I.A. No.1 of 2020 IN/AND SUOMOTU CONTEMPT CASE No.325 OF 2020 IN WRIT PETITION NO.25914 OF 2019 ORDER:

Heard learned Government Pleader for Revenue and learned Advocate General.

2.

This Court, by order dated 10.02.2020, directed the Registry to initiate suo motu contempt proceedings against the 3rd respondent in the Writ Petition for not complying with the direction to file counter in the matter by 07.02.2020, failing which the 3rd respondent was directed to be present before this Court on the said date. Since no counter was filed on the said date nor the 3rd respondent being present before this Court, this Court initiated suo motu contempt proceedings and directed the Registry to issue Form I notice to the 3rd respondent.

3.

By the present I.A. No.1 of 2020, the learned Government Pleader for Revenue submits that the respondent authorities have been actively pursuing the matter and as a matter of fact by G.O.Rt. No.70 Revenue (Ser.I) Department, dated 19.02.2020, one B. Sriramulu, Deputy Collector working as SDC BadradriKothagudem District, is posted as Sub- Divisional Magistrate, Mobile Court, Bhadrachalam, in the existing vacancy. 4.

Learned Government Pleader would also submit that in terms of G.O.Ms. No.950 Revenue (Services-I) Department, dated 20.07.2006, it is the Government alone which is the competent authority to appoint and transfer and posting in the cadre of

Special Grade Deputy Collectors and Deputy Collectors and the 3rd respondent authority has no role to play inasmuch as the powers of the Commissioner for appointing the Sub Divisional Magistrate conferred under G.O.Ms. No.406 Home (Courts-A) Department, dated 27.06.1990 has been withdrawn.

5.

Having regard to the said submission and the fact that a G.O. has been issued on 19.02.2020 appointing a regular Subdivisional Magistrate, Mobile Court, Bhadrachalam, the Form I notice issued to the 3rd respondent stands discharged and the Contempt Case is closed.

Date: 05.03.2020 ____________________ T. VINOD KUMAR,J MRKR