Auction Of Govt Land Case Adjourned, Pending Recuse Petition

AMARAVATI: The Andhra Pradesh Government on Monday stated that a petition seeking the withdrawal  of Justice Rakesh Kumar from the ongoing litigation challenging the government's decision to sell government assets through auction was justifiable.

The Andhra Pradesh High Court on Monday began hearing a petition opposing the sale of government land under the ‘Mission Build AP’ scheme. The bench of Justice Rakesh Kumar and Justice J Uma Devi posted the case to January 28 for further hearing.

Justice Rakesh Kumar said the HC cannot hear the arguments as the Recuse petition is pending with the bench. Responding to the Recuse petition filed by the state government, he said he is bothered only about the system and justice.

Additional Advocate General (AAG) Ponnavolu Sudhakar Reddy on behalf of the government explained that with a heavy heart we are seeking this Recuse petition. He said the courts have a responsibility not only to do justice but also to appear to have done justice. He said the government, which was elected through the people's mandate, was being prevented from performing its duties which it was legally entitled to and due to which it was suffocating.

Responding to this, Justice Rakesh Kumar said that many questions are asked during the trial and it is enough if these questions are answered.

The government objected to the remarks he made during the trial in these lawsuits and  filed the petition for recusal.

Speaking about the Recuse petition, Justice Rakesh said that his co-judge on the bench Justice Umadevi, who is present now could not say whether he had made those remarks and therefore he would hear the Government Petition (Recuse) along with Justice D. Ramesh, who was there  in the earlier bench. ''I started my career as an advocate in 1983 and was elevated as a high court judge in 2009. Since then I have never shown any disparity between any advocates and considered only the legal arguments. I’m on the verge of my retirement and it is sad to face such allegations now,'' he said.

As part of that, the trial was adjourned to the 28th of this month. He also said that the counterclaims could be filed by the 23rd of this month if the petitioners wanted to file a petition for recourse filed by the government.

Several public interest litigation cases have been filed in the High Court challenging the government's decision to auction off government land under Mission Build AP. During the recent hearing of these cases, Justice Rakesh made several scathing remarks aimed at the government to which it had objected.