Andhra Pradesh Court February 1992 Judgments
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Vittal and ors. Vs. Government of A.P.
Court: Andhra Pradesh
Decided on: Feb-25-1992
Reported in: 1992(2)ALT430
ORDERG. Radhakrishna Rao, J.1. This is a claimants' appeal. An extent of Ac.8-22 guntas of dry chelka land comprising of Act 3-10 Guntas in S.No. 29 and Act 5-12 guntas in S.No. 60 situate at Yengandla village of Medak District was acquired for providing house sites to weaker sections by means of a Notification dated 14-3-1985 under Section 4(1) of the Land Acquisition Act. The possession of the land was taken on 20-4-1985. The Land Acquisition Officer awarded compensation on acreage basis at Rs. 2,000/- per acre as against the claim of the claimants on square yard basis at Rs. 15/- per square yard.2. On reference to the Civil Court, claimant No. 2 himself was examined as P.W.I and he also got examined one more witness P.W.2, the vendee under Ex.A-1 which is a sale deed dated 30-1-1984. On behalf of the respondent, no one was examined but Exs.B-1 and B-2 were marked.3. The extent of land sold under Ex.A-1 is 225 Sq. yards for a consideration of Rs. 3,000/-. The said land was purchased ...
Chamudugunta Raghava Reddy and ors. Vs. the Land Acquisition Officer
Court: Andhra Pradesh
Decided on: Feb-25-1992
Reported in: 1992(2)ALT459
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed seeking for issuance of a writ of Mandamus declaring the communication sent by the respondent in Re. B-1180/86 dated 11-4-1989 as illegal and without jurisdiction and directing the respondent to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for determination of correct market value of the acquired land of 2 acres comprising in Sy.Nos. 397 and 402 of Venkannapalem village, Thotapalli Gudur Mandal, Nellore District. The above land was acquired by invoking the provisions of Land Acquisition Act and the notification under Section 4(1) of the Act was published in the Gazette on 8-8-1986. Sometime later, it seems, that a draft declaration under Section 6 of the Act was also published in the gazette. It is not known as to whether any urgency clause was invoked. But, it is apparent out of the records that the enquiry under Section 5-A of the Act was no...
K. Subba Reddy Vs. the Government of Andhra Pradesh, Represented by It ...
Court: Andhra Pradesh
Decided on: Feb-24-1992
Reported in: 1992(3)ALT427
ORDERM.N. Rao, J.1. The petitioner was appointed permanently in the year 1981 as fair price shop dealer in respect of Dupadu village, Tripurantakam Mandal, Prakasam district. The Government issued G.O.Rt. No. 951, Food and Agriculture (CS.II) Department, dated 16-5-1988 laying down guidelines for selection and appointment of fair price shop dealers. Paragraph 8(1) of the Guidelines is in the following terms:'All individuals holding any office in public life like Sarpanch of Gram Panchayat, President of Mandal Praja Parishad, President, Co-operative Society, Councillor or Chairman of a Municipality, etc., shall not be eligible to be appointed as fair price shop dealers.'Doubts were raised as to whether a fair price shop dealer, who subsequently was elected to a public office referred to above, would be liable to be removed. The position was clarified by the Government on 12-7-1988 by issuing Memorandum No. 44345/CS.II/88 advising the Collectors/Chief Rationing Officers in such cases 'no...
Kurra Koteswara Rao, Vijayawada and Etc. Etc. Vs. the Dy. Director of ...
Court: Andhra Pradesh
Decided on: Feb-21-1992
Reported in: AIR1993AP108
ORDERS. Parvatha Rao, J.1. This batch of writ petitions turns upon the interpretation of Rule 12, and the validity of sub-rule (3) of Rule 12 and clause (xiv) of Rule 31 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (hereinafter referred to as 'the Rules') as amended by G.O.Ms. No. 528, Industries & Commerce (M-IV) Department, dated 7-12-1987 published in the Andhra Pradesh Gazette dated 31-12-1987.2. Some of the petitioners in these writ petitions were granted mining leases under the Rules for quarrying Road Metal and/or Ballast and they applied for renewal of the same. Some others applied for fresh grant of mining leases for quarrying Road Metal and/ or Ballast. Some of them made the said applications whether for renewal or for fresh leases prior to the amendments effected by the said G.O.Ms. No. 528; others made the said applications subsequent to the said amendments. None of the petitioners are Waddaras or co-operative societies consisting exclusively of Waddaras. Thei...
Rasala Surya Prakasarao and Others Vs. Rasala Venkateswararao and Othe ...
Court: Andhra Pradesh
Decided on: Feb-21-1992
Reported in: AIR1992AP234; 1992(2)ALT346; II(1992)DMC608
ORDERD. J. Jagannadha Raju, J.1. This second appeal has been referred to a pivision Bench as per order dated 26-7-1988 passed by our learned brother Justice G. Ramanujulu Naidu. The order of reference reads as follows :'The question raised in the second appeal is whether the illegitimate children of a person can be equated with his natural sons and treated as coparceners for the purpose of claiming a share in their joint family property? In other words the scope of S. 16(1) of the Hindu Marriage Act as amended in 1976 falls for consideration. The question is one of general importance and in the absence of any decision of this court, an authoritative pronouncement on the question by a Division Bench of this court is desirable. I therefore refer this second appeal for decision by a Division Bench of this court.Place the papers before the Hon'ble Chief Justice for appropriate order.'2. Before we deal with the legal questions that arise for consideration in the second appeal, it would be j...
State of Andhra Pradesh and ors. Vs. Komalla Krishnaiah
Court: Andhra Pradesh
Decided on: Feb-21-1992
Reported in: 1992(1)ALT644; 1992CriLJ2446
A. Gopalrao, J.1. This appeal is filed by the State of Andhra Pradesh, represented by its Principal Secretary, Home Department and the Inspector General of Prisons, Government of Andhra Pradesh, Hyderabad, against the order dated November 8, 1991 in Writ Petition No. 4156 of 1991, passed by a learned single Judge, directing the appellants to transfer the respondent herein from the Central Prison, Chenchalguda, Hyderabad to any Borstal School, for detention till he completes the age of 23 years, and thereafter to set him at liberty. 2. Facts necessary for this appeal may briefly, be stated thus : The respondent was born on June 2, 1969. He was convicted for murder, that occurred on September 10, 1987 and sentenced to undergo imprisonment for life, by the Sessions Judge, Nalgonda, by judgment dated February 28, 1989 in Sessions Case No. 129 of 1988 on his file. Criminal Appeal No. 399 of 1989, filed by the respondent was dismissed by a Division Bench of this court on September 20, 1989. ...
D. Srinivasa Rao and ors. Vs. the Govt. of A.P. Rep. by Its Chief Secr ...
Court: Andhra Pradesh
Decided on: Feb-21-1992
Reported in: 1993(1)ALT86
Sivaraman Nair, J.1. Petitioners challenge the constitutional validity of,Sections 3 and 5 of A.P. Co-opdrative Societies (Amendment) Act 13/90. 'The facts leading to these writ petitions are representative in character in view of the averments and the reliefs sought in them. We will therefore, refer to facts in W.P.No. 17035 of 1990.2. Peittioher was elected as President of the District Co-operative Central Bank, Karimnagar in the year 1987. In that capacity, he was a Member of the General Body and Managing Committee of the A.P. State Co-operative Bank as also the A.P. State Agricultural Land Development Bank. These will be referred to hereafter as 'Apex Banks'. These apex banks elected the petitioner as their President. The term of office of elected members of Management Committees was three years according to the provisions contained in A.P. Co-operative Societies Act, 1964. The period was extended to five years by A.P. Co-operative Societies (Amendment) Act 16/1989. The period of t...
Chintapalli Atchaiah Vs. P. Gopala Krishna Reddy and anr.
Court: Andhra Pradesh
Decided on: Feb-21-1992
Reported in: 1992(2)ALT241
Mohd. Sardar Ali Khan, J.1. This Writ Appeal is directed against the order of a learned single judge passed in W.P.No. 9550 of l991,dated 12-11-1991 in which the question regarding the issue of a writ of prohibition restraining the second respondent-Additional Chief judge City Civil Court, Hyderabad from proceeding with I.A.No. 203 of 1988 in O.S. No. 91 of 1965. was considered in all its dimensions our learned brother, Y. Bhaskar Rao, J. The eventural conclusion arrived at by the learned single judge is that the interlocutory Application has already been taken on record by the lower court and the enquiry has also commenced and certain witnesses also have been examined and the petitioner participated in the enquiry by cross-examining the witnesses. In that view of the matter, the learned single judge held that it cannot be said that the petitioner has yet to seek the relief available to him before a different forum The learned single Judge came to the conclusion that the writ petition ...
Thandava Co-operative Sugars Ltd. Vs. Regional Provident Fund Commissi ...
Court: Andhra Pradesh
Decided on: Feb-20-1992
Reported in: (1998)IIILLJ1200AP
ORDERS. Parvatha Rao, J. 1. The petitioner herein i.e., the Thandava Cooperative Sugars Ltd., Payakaraopeta, Tuni R.S. questions in this Writ Petition the order of the Regional Provident Fund Commissioner, Andhra Pradesh (the respondent herein) in his proceedings No. AP/1773/PD/EG/87/3914 dated July 31, 1987 levying a total sum of Rs. 72,439-25 Ps. as damages for belated remittances under Para 30 read with Para 38 of the Employees' Provident Funds Scheme, 1952 and with Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') on the ground that the said damages were fixed in an arbitrary manner without any rationale or reasonableness.2. In the affidavit in support of the Writ Petition, on behalf of the petitioner it is stated thatduring the period when default was committed in making the various remittances as required by the Act and the Employees' Provident Funds Scheme, 1952 (hereinafter referred to as 'the Scheme') i....
Bhupathi Bulliabbai Vs. State Rep. by the Public Prosecutor
Court: Andhra Pradesh
Decided on: Feb-20-1992
Reported in: 1992(1)ALT562
Jagannadha Raju, J.1. This Criminal Appeal is filed by the sole accused against the Judgment dt.13-11-1990 in Sessions Case No. 150/1990 on the file of the Sessions Judge, Rajahmundry, convicting the accused or the offence Under Section 302 IPC and sentencing him to suffer imprisonment for life.2. The facts of the prosecution case are as follow:On 10-7-1989 the deceased who is the-wife of the accused left her house and went into the casurina garden of one A. Satyanarayana for answering calls of nature. After a few minutes she raised cries to the effect that the she has been stabbed by her husband and was seen running with bleeding injuries. P.Ws.3 and 2 and some others saw the accused chasing the deceased and on seeing these people the accused ran way. P.Ws.2 and 3 and some others immediately rushed to the place where the deceased had fallen down in the coconut garden of Donga Anjaneyulu. The deceased informed them that she was stabbed by her husband. Immediately P.W.2 ran to the house...
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