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No Judicial Officer expected to shut his mouth in Bench

Recall of Witnesses for Cross Examination – Old suit for Partition – Despite of giving one or two opportunities – petitioner not cooperated and conducted cross examination - Aliment of petitioner and his family members is not the sufficient cause for recalling the witnesses - as the Cross Examination can be done by his counsel by taking proper instructions from the petitioner – Trial court dismissed the same – High court confirmed the same and dismissed the revision - 2015-Telangana & A.P.-MSKLAWREPORTS

Or.1, rule 10 of C.P.C.- suit for specific performance - purchasers pending suit filed impleading petition - their lordships allowed the same subject to payment of costs of Rs.5,000/- to the plaintiff with a condition that they cannot be permitted to take defences which are not available to their vendors -2015 Telangana & A.P. MSKLAWREPROTS

Therefore, by virtue of sub-section (2) of Section 68 the assets, rights and liabilities of APBCL now stand apportioned between the State of Andhra Pradesh and State of Telangana in the manner as provided in Section 53 of Act, 2014. Section 53 provides subject to the agreement the aforesaid assets and liabilities of the Corporation, shall stand apportioned on the basis of population ratio. The petitioner has not acquired nor can acquire in view of above legal position any property from APBCL nor the liability thereof. The State of Telangana has acquired these assets and properties and liability of APBCL, being the recorded assessee proportionately. Therefore, it is absurd to contend that the writ petitioner is the successor in interest of APBCL. It is absolutely separate legal entity, as rightly contended by Mr. K. Ramakrishna Reddy, the learned Advocate General appearing for the writ petitioner, that it has not started business nor any income has been derived. It does not appear from object clause of Memorandum of Association that it has acquired any rights, assets and properties of APBCL. Thus, the question of shouldering liability by the writ petitioner also does not arise. We are of the view that just because the petitioner paid tax dues on mistaken application of law, it cannot be precedent for recovery for the simple reason that illegal and wrongful action cannot be precedent, furthermore there cannot be estoppel as against provision of law. 13. Therefore, we hold that the actions taken by the Revenue against the writ petitioner are without jurisdiction and wholly illegal. 14. The alleged dues of APBCL, in relation to the assessment year 2012-13 after the appointed day, can be recovered from the successor State Governments in terms of Section 68 (2) of Act 2014, as all these dues being part of liability can be apportioned accordingly. In the event, State of Telangana does not pay the proportionate liability of the tax dues for the assessment year 2012-13 or previous thereto, if any, it would be open for the respondents to recover the same from the State of Telangana, since It is to share the proportionate liability along with assets of the erstwhile APBCL which was again a separate legal entity and an assessee. We are of the view that the writ petitioner cannot be equated with the Government in order to get Constitutional immunity from payment of taxes. 15. We, therefore, set aside and quash the orders and notices issued against the writ petitioner. However, liberty is given to the respondent officials to recover the dues from the State of Telangana, if it is not paid, and that can only be done after issuance of notice under Section 226 of the Act, 1961.

Whether the amendment petition ousting jurisdiction can be considered ? - yes - 2015 A.P.(1993) MSKLAWREPORTS

constitution of a separate High Court for the 2nd and 3rd respondent States under Article 214 of the Constitution of India read with Section 32 of the Andhra Pradesh Reorganization Act, 2014 Under those circumstances, we dispose of this matter with the following directions: (i) The 3rd respondent is directed to identify and locate the site where the permanent High Court of the State of Andhra Pradesh would be constituted in the territory of Andhra Pradesh and to apprise the Honble Chief Justice of this High Court of the same, and, who, is requested to take a decision in consultation with the Chief Minister of Andhra Pradesh regarding choice of location of the permanent High Court. (ii) The Honble Chief Minister and the Honble Chief Justice are requested to take a decision in consultation with each other to finalise on the question of constitution of High Court Building, Administrative Building, Residences of the Honble Judges and that of Officers of the Court and staff quarters as early as possible preferably within six (6) months from the date of receipt of the copy of the order. (iii) The 3rd respondent is directed to take a decision on the question of allocation of funds and thereafter release if allocation is made to incur the expenses for creation of the permanent High Court as early as possible, preferably within a period of three (3) months from the date of communication of this order. (iv) The Honble Chief Justice of this High Court is requested to examine the feasibility of arranging temporary Benches for sitting of the Honble Judges of High Court under sub- section (3) of Section 51 of the States Reorganisation Act, 1956, pending constitution of permanent High Court, in consultation with the Chief Minister of State of Andhra Pradesh who is to render all help providing necessary infrastructure for sitting of the Honble Judges as a temporary measure, as above. We request the Honble Chief Justice to take a decision within a period of two months from the date of this order. Consequently, pending miscellaneous petitions, if any, shall also stand closed.

When the party of the suit attested the Will Deed and when not disputed his signature as attestatror - and when only disputes the bequeathing of property - the question of proof of will does not arise -2015 A.P.(2006) MSKLAWREPORTS.