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Andhra Pradesh Court January 1982 Judgments

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Jan 28 1982

The Gram Panchayat and ors. Vs. Government of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Jan-28-1982

Reported in: AIR1982AP315

Ramachandra Rao, J.1. The Writ Appeal is preferred against the judgment of our learned brother Jeevan Reddy, J. dismissing the Writ Petition filed by the 9 appellants herein challenging the order of the 1st respondent Government in G. O. Ms. No. 391 M. A. dated 23-6-1980 published in the Gazette dated 10-12-1980 according its approval for the Master Plan submitted by the Hyderabad Urban Development Authority, the 2nd respondent herein. 2. The relevant facts are as follows: The Legislature of the State of Andhra Pradesh enacted the Andhra Pradesh Urban Areas (Development) Act, 1 of 1975 (hereinafter called 'the Act') in order to provide for the development of Urban areas in the State of Andhra Pradesh according to plan and for matters ancillary thereto. The Act received the assent of the President on 20-1-1975 and it was published in the Andhra Pradesh Gazette on 27-1-1975. Sub-sec. (3) of S.1 provides that the Act shall come into force on such date as the State Government may, by notif...


Jan 27 1982

M. Jaganmohan Reddy and anr. Vs. Deputy Secretary to Government, Ga, A ...

Court: Andhra Pradesh

Decided on: Jan-27-1982

Reported in: AIR1982AP182

ORDER1. The first petitioner is an Assistant Section Officer in the Home Department of the Government of Andhra Pradesh. He along with the second petitioner are residing as tenants in House No. 3-6-766 Himayatnagar, Hyderabad, for more than ten years. The house in which these two petitioners are living is a house which belongs to the third respondent-landlady and falls under the Andhra Pradesh Buildings (lease, Rent and Eviction) Control Act, 1960 A house that so falls under the Rent Control Act could not have been let out privately except in compliance with the requirements of Sec, 3 (1) (a) of the Rent Control Act. That section requires a lady owner to first notify vacancy of her building and wait for fifteen days. After expiry of that period alone, the landlady could have privately let out her building provided the building is not within that period legally allotted by the authorised officer. The landlady in this case violated all this law. On the ground that the third respondent-la...


Jan 22 1982

Jeevakaruna Annadana Samajam, Chittoor Vs. Assistant Commissioner, End ...

Court: Andhra Pradesh

Decided on: Jan-22-1982

Reported in: AIR1982AP214

ORDER1. The petitioner is a society registered on 2-10-1935 under the Societies Registration Act. It has two classes of members, ordinary members and life members. It has specific rules providing for its internal management. Its Managing Committee consisting of a President. Vice-President, Secretary, Joint Secretary and Treasurer, is elected by the general body of its members for every one year. The society is a charitable institution. It appears to be doing well and being well-managed. Never there was any scheme suit filed under S. 92 of Civil P.C. or nay proceedings initiated under the Endowment Acts against this society. It is providing with free meals, of course subject to the limitations of resources. The number of people so fed is claimed to have never fallen below fifteen persons per day. It has built a Kalyana Mandapam and provided a building for starting a school.2. Unfortunately enough, what appears to me, such a good and charitable institution first started in the early twen...


Jan 20 1982

K. Raja Reddy Vs. Pothuka Gangi Reddy

Court: Andhra Pradesh

Decided on: Jan-20-1982

Reported in: AIR1982AP328

ORDER1. The petitioner was sued in O .S. 458/77 on the file of the District Munsif's Court, Kadiri, Anantapur District, for recovery of a sum of Rs. 8,000/- and odd. That suit was decreed. Now, the petitioner judgment debtor had filed E. A. 107/80 in E. P. 95/77 raising a plea that he was a small farmer and under Act 7 of 1977 the debt owed by him stood fully discharged and that therefore, the decree passed in O. S. 458/77 against him should not be executed. This plea of the petitioner was rejected by the execution court on the ground that the petitioner's share in his joint family property was more than five acres and that therefore, the petitioner's claim that he was a small farmer was not correct. The execution court mainly relied upon the evidence of the petitioner's father who was P. W. 2. P. W. 2 deposed that he was possessing 12 acres of ancestral property and 19 acres of additional properly which was purchased by him. But P. W. 2 deposed that the lands which he had purchased we...


Jan 19 1982

Anakapalli Appalraju and ors. Vs. Pentakata Siva Kondarao and ors.

Court: Andhra Pradesh

Decided on: Jan-19-1982

Reported in: AIR1982AP208

P.A. Choudary, J. 1. Ending a long spell of 'Special Officers' tutelage in the State, the State Government recently conducted elections to the local bodies. Electrictions to Anakapalli Municipal Council with which we are concerned here, were held in the latter half of July, 1981. So far as it is material to this case we need note that the writ petitioners filed their nominations from ward numbers 26, 24,23,14,25 and 27. Those nominations were accepted, but the election officer, the second respondent, notified the notices of withdrawals of the petitioners from the municipal election from those wards. Accepting of the writ petitioners' notices of withdrawals left in the field only one candidate contesting for each one of the above wards except the double-member ward of 27 where there were two contesting candidates. Accordingly, the Returning Officer declared respondents 9,7,6,10,5,8 and 11 as having been returned imposed from the above-mentioned wards. The writ petitioners feeling aggrie...


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