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2000 DIGILAW 239 (SC)

M. T. Khan v. Govt. of A. P.

2000-01-31

A.S.ANAND, DORAISWAMY RAJU, R.C.LAHOTI, R.P.SETHI

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(1) AN affidavit has been filed by the petitioners in which paragraph 3 reads as follows: "3. I say that other petitioners and I hereby withdraw all allegations of personal nature and derogatory in character against Respondents 3,4 and 5 herein. To that extent the averments made in para 3 and 9 of the main affidavit to the Writ Petition No. 13202 of 1998 in the file of the High Court of Andhra Pradesh are withdrawn." (2) MR. Hardev Singh, learned Senior counsel appearing for the petitioners submits that he has also instructions to state that grounds (vii) and (viii) at page 31 of the paper book (paragraph 10 of the affidavit to the Writ Petition No. 13202/98) may also be treated as withdrawn and be deleted from the Writ Petition. We record his statement and permit deletion of paragraphs 3 and 9 and grounds (vii) and (viii) of paragraph 10 of the main affidavit to the Writ Petition No. 13202/98. (3) TAKING into account the above factors, respondent No. 3 becomes unnecessary. Learned counsel for the petitioners submits that the name of respondent No. 3, in the Writ Petition before the High court as also in the Special Leave Petition, may be deleted. We grant the prayer and make an order accordingly. The name of respondent No. 3 shall be deleted from the array of respondents. The index shall be corrected accordingly. (4) NOTICE shall issue to respondents 4 and 5 also. Since learned Solicitor General appears for respondents Nos. 1 and 2, no fresh notice need be issued to respondents Nos. 1 and 2. (5) THE precise issue that we are required to consider is the ambit and scope of Article 165 of the Constitution of India in the matter of appointment of any Additional Advocate General. (6) RESPONDENT Nos. 1 and 2 may file their counter within four weeks.