Andhra Pradesh Court September 1971 Judgments
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Ku. G. Sreenivasulu Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-10-1971
Reported in: AIR1972AP215
ORDER1. While deciding the Writ Petition, this Court gave a specific direction that the petitioner and the candidates placed above her in the order of merit should be called upon within two weeks to present themselves before the Principal. It was also stated therein that if the other candidates do not turn up, the petitioner shall be admitted.2. This direction was given as early as Ist July, 1971. The learned Government Pleader, it would appear, has communicated this direction to the Director of Medical Services. There was therefore, no want of knowledge of the direction that was to be implemented or of the time within which compliance was made imperative.3. Notwithstanding this specific direction and the communication of the direction to the authority concerned, it is distressing to note that there has been want of compliance with the direction. It is only in rare cases where this Court deems it necessary in the interests of justice, that a time limit is set for the implementation of ...
The Sattenapalli Panchayat Board Vs. Yekkala Lakshmi Kantam and ors.
Court: Andhra Pradesh
Decided on: Sep-10-1971
Reported in: AIR1973AP156
1. 5 rate payers of Sattenapalli Gram Panchayat have filed a suit in a representative capacity on behalf of all the rate payers of the said panchayat questioning the revision of house taxes in the Panchayat in the year 1962, on the ground that it is illegal, arbitrary, capricious and unenforceable and have sought for a permanent injunction restraining the defendant-Gram Panchayat from giving effect to the said general revision.2. It is the case of the plaintiff that the Panchayat adopted the annual rental value as its basis for the fixation of houses taxes in which rental value itself is being calculated on the basis of the actual rents realised during the year. This basis was adopted both for the owner occupied houses as well as the tenant occupied houses. It is their contention that Sattenapalli is a town to which the Madras Buildings ( Lease and Rent ) Control Act as modified by the Andhra Pradesh Buildings ( Lease, Rent and Eviction ) Control Act, 1960 ( herein after referred to co...
T. Venkata Krishnaiah and Co. Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Sep-10-1971
Reported in: [1974]93ITR297(AP)
Kondaiah, J. 1. This is a reference made by the Income-tax Appellate Tribunal, Hyderabad Bench, at the instance of M/s. T, Venkata Krishnayya & Co., Guntur (hereinafter called ' the assessee '), under Section 256(1) of the Income-tax Act, 1961 (hereinafter called ' the Act'), for the opinion of this court on the following four questions : ' (1) Whether, on the facts and in the circumstances of the case, the Income-tax Officer should be deemed to have granted extension of time for filing the return when he did not pass any orders on the assessee's application dated September 16, 1963 (2) Whether, on the facts and in the circumstances of the case, by the levy of interest calculated under Clause (iii) of the proviso to Section 139(1)of the Income-tax Act, 1961, the Income-tax Officer must be deemed to have condoned the delay in filing the return of income (3) Whether, on the facts and in the circumstances of the case, the Income-tax Officer had the power to levy a penalty under Section ...
C. Sankara Viswanadha Sarma Vs. C. Ramalakshamma and anr.
Court: Andhra Pradesh
Decided on: Sep-09-1971
Reported in: AIR1972AP270
Muktadar, J.1. This appeal is preferred against the judgment and decree dated 13th March, 1967 of the Subordinate Judge, Kakinada in O. S. No. 25/65. The plaintiff is the appellant before us. He has filed this suit in forma pauperis against the respondents for declaration of title and recovery of possession of 'A' and 'B' plain-schedule properties. His allegations are that he was validly adopted by the Ist respondent on 10-6-1948. It is asserted in the plaint that the appellant was the natural son of Cheemala Konda Ganapati and name of Peda Adwita Parabharama Sastry and after the said adoption he was renamed as Sankara Viswanadha Sarma; and that money of the appellant was celebrated at Rajahmundry. Since the appellate was hardly five years' old at the time of adoption he was staying with his natural father and was late educated mostly at pentapadu village. Respondent No. 1 was now and then sending money to the natural father towards the upkeep of the appellant. The appellant after pass...
Sri Archakam Peddinti Srinivasamurthy Dikshitulu Vs. the Commissioner, ...
Court: Andhra Pradesh
Decided on: Sep-08-1971
Reported in: AIR1973AP325
Vaidya, J.1. The petitioner is a hereditary Archakam Mirasidar of the Thirumalai Tirupati Devasthanams at Tirupati rendering Archakatwam service in the holy shrine of Lord Sri Venkateswaraswami Varu situate at Tirumalai Hills and all the shrines attached thereto and other temples situate at Tirupati and attached to the said Devasthanam. There are various rights, honours, emoluments and perquisites attached and due to the said hereditary Archaka Mirasidars, which they are entitled to as per long established custom and usage. The Archakatwam service in Sri Venkateswara Swami Temple is rendered by four families who belong to the Vaikhanasa school of Srivaishnavites. It is averred by the petitioner that the worship in the abovesaid temple is according to the Vaikhanasa Agamas and can be rendered only by four families, the petitioner belonging to one of such families. The Archakatwam service is rendered by turns and the petitioner's turn commenced on 24th September, 1968 and continued for o...
Sri Anjaneyaswamy Temple, Visakhapatnam Vs. Government of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Sep-07-1971
Reported in: AIR1972AP244
Obul Reddi, J. 1. These three appeals are preferred against the common judgment rendered by our brother Madhava Reddy, J., dismissing the Writ Petitions Nos. 2232, 2199 and 2200 of 1968 filed by the appellants under Article 226 of the Constitution for quashing the notifications in G. O. R. T. No. 1097, Municipal. Administration, dated 13-2-1967 and G. O. R. T. No. 574 Municipal Administration, dated. 8-8-1967.2. The main question that is raised by Sri D. Satyanarayana, the learned counsel appearing for the appellants, is that there is no warrant for dispensing with the procedure laid down under S. 5-A of the Land Acquisition Act (hereinafter referred to 'the Act), as the lands acquired are neither waste nor arable lands so as to entitle the Government to exercise special powers under S. 17(4) of the Act. The appellant in Writ appeal No. 490 of 1989 is a temple represented by its trustee, the appellant in Writ Appeal No. 491 of 1969 is a temple represented by its trustee, the appellant ...
Mangu Ramdas Vs. Madurai Venkataratnam and ors.
Court: Andhra Pradesh
Decided on: Sep-03-1971
Reported in: AIR1973AP256
Gopal Rao Ekbote, J. 1. The Assistant Settlement Officer, Anakapally started a suo motu enquiry under Section 15 of the Madras Estate (Abolition and Conversion into Ryotwari) Act, (hereinafter called ' the Act') to determine the nature and history of the land and to consider the claims of the land holders for the grant of ryotwari patta.2. At a later stage of the said enquiry two land-holders claimed patta for themselves alleging inter alia that the land in question is zeryothi private land.3. The 1st respondent in the proceedings opposed the claim of the land-holders and claimed patta for himself contending that he has the occupancy rights and he is therefore entitled to the patta.4. The 2nd respondent the daughter - in - law of the original tenant contended that her father-in-law was the original tenant and had occupancy rights. He having died the 2nd respondent is the legal heir and therefore entitled to the grant of ryotwari patta.5. The Assistant Settlement Officer after proper en...
Abdul Hakeem Khan Vs. Abdul Mannan Khadri
Court: Andhra Pradesh
Decided on: Sep-02-1971
Reported in: AIR1972AP178
Alladi Kuppuswami, J.1. The plaintiff in O. S. No. 23 of 1961. Sub-court. Nizamabad, is the appellant. He filed the suit for specific performance of an agreement dated 27-8-1950 to sell certain land, executed by the defendant in favour of the plaintiff. The plaintiff also prayed for delivery of possession of the said lands. The case of the petitioner as set out in the plaint was as follows:The plaintiff, the defendant and one Ekramuddin Ali Khan owned separate patta lands in certain villages in Bodhan August. 1944 all the three persons entered into an agreement which was duly registered. Thereby, they agreed to establish a joint farm by name. 'The Graduates Farm' and to transfer their respective patta lands in the name of that farm and conduct their business 'with mutual consultation'. Ekramuddin Ali Khan would have a share of eight annas in the rupees, while the plaintiff and the defendant would each have a share of four annas in the rupee. Subsequently, Ekramuddin Ali Khan sold his e...
The General Manager, South Central Railway, Secunderabad and anr. Vs. ...
Court: Andhra Pradesh
Decided on: Sep-01-1971
Reported in: AIR1972AP252; (1973)ILLJ160AP
Obul Reddi, J.1. This appeal preferred by the South Central Railway is directed against the judgment of Mr. Justice Krishna Rao in W. P. No. 1145/69 allowing the petition filed by Respondents 1 to 9 herein (petitioners in the writ petition), under Article 226 of the Constitution for the issue of a writ in the nature of Mandamus or any other appropriate writ or direction to the appellants to fix the seniority of respondents 1 to 9 as per the original proceedings of the Railway Board dated 16th October 1952 and also to further direct the appellants not to give effect to the subsequent proceedings of the Railway Board dated 2nd November, 1957 and 13th January, 1961.2. The Writ Petitions came to be filed by Respondents 1 to 9 under the following circumstances: During the Second Word War, with the object to supplying foodgrains at fair prices to the Railway employees, a new Department known as 'Grain Shop Department' was created and recruitment of the personnel was made on an emergency basi...
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