Justice M S Ramesh granted the stay on a petition by Rao seeking to quash the proceedings pending before the judicial magistrate court in Yanam, an enclave of the union territory of Puducherry in Andhra Pradesh.
The case arose out of a private complaint filed in the magistrate court by Kodumuri Hari Kusuma Kumar of Yanam, from where Rao has been elected to the Puducherry assembly.
The complainant has alleged that Rao had obtained 1,600 sq metre of government land in Yanam on lease to run a old age home in 1998 but allegedly constructed a building in violation of lease conditions and also sub-let part of the premises to an educational society in 2005.
Counsel for Rao contended that the complaint was neither maintainable in law nor on facts and it was an abuse of process of law.
Claiming that the Magistrate had erred in taking the complaint on file, he sought to quash the proceedings.
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