Andhra Pradesh Court March 1992 Judgments

C. Buchaiah Shetty and Another, Etc. Vs. Regional Transport Officer, M ...

Court: Andhra Pradesh

Reported in: AIR1992AP359; 1992(2)ALT485

ORDERP. L. N. Sarma, J.1. The question to be answered by us is whether the concessional rate of tax in respect of motor vehicles covered by special permits not exceeding thirty days could be provided by a notification issued by the State Government exercising the powers under S. 9(1) of the A. P. Motor Vehicles Taxation Act 1963 (hereinafter referred to as the 'Taxation Act').2. The reference was made by a Division Bench of this Court of which one of us (M.N. Rao, J.) was a party, as it disagreed with the decision in M. A. Hari v. Government of A. P. (1988) 1 Andh LT 541.3. Illustratively we may refer to the facts in W. P. No. 16218 of 1990 in so far as they are material for the purpose of answering the reference. The two petitioners are the joint owners of an Omni Bus bearing registration No. PYX-4955 in respect of which temporary permit No. 1247/A2/90 date 7-8-1990 was granted for three days (from 7-8-90 to 9-8-90) to enable them to ply from Madnapuram to Shanpoor empty and pick up a...

The Special Dy. Collector, Land Acquisition Officer (Defence) Vs. T. P ...

Court: Andhra Pradesh

Reported in: 1992(3)ALT215

G. Radhakrishna Rao, J.1. An extent of Ac. 45/03 guntas in S. Nos. 217, 256 and 257 of Kowksoy village and S.Nos. 242, 245, 246, 247, 228 and 229 of Yapral village which was in possession of the military authorities, was sought to be acquired for different purposes as per the requisition of the Military Estate Officer, Andhra Pradesh Circle, Secunderabad. The notification under Section 4(1) of the Land Acquisition Act was published on 4-2-71. The Land Acquisition Officer after considering many sale deeds ranging from 88 paise to Rs. 11 per square yard ultimately came to conclusion that Rs. 9,500/- per acre would be the reasonable compensation and passed award on 29-7-91. On reference, the lower Court considered Exs. A-1 and A-2 and ultimately relied upon Ex. A-1, which is for an extent of 300 square yards and which is a post-notification sale dt. 20-7-91. Under Ex. A-1 the land was sold at Rs. 11/- per square yard and Ex. A-1 was produced by P.Ws. 1 and 2. The lower Court fixed the com...

B. Komaraiah Vs. the Singareni Colleries Co. Ltd. and anr.

Court: Andhra Pradesh

Reported in: 1992(2)ALT198

ORDERSivaraman Nair, J.1. Petitioner entered service as Munshi in the Shanthi Khani Mine of Singareni Colleries, on 17-3-1958. He had studied upto IV Form (IX Class) in the Government High School for Boys, Guntur from 25-7-1951 to 4-9-1951. He discontinued the studies and left the school. He applied for a Transfer Certificate on 28-6-52 and the same was furnished to him on 30-6-1952. Petitioner submits that he had produced the above Transfer Certificate at the time when he joined duty in Shanti Khani Mine. He submits further that it was because of his educational qualification disclosed by the transfer certificate that he was appointed as Munshi. The date of birth was mentioned therein as 11-7-35. Petitioner submits that his age was wrongly recorded in his service record as 26 years, on 17-3-1958. The effect of that entry was that he would have been born in 1932. In 1989, there were reports of discrepancy in the date of birth of some of the employees as entered in the company records. ...

M. Ananda Mohan Vs. Corespondent, V.T. Junior College and ors.

Court: Andhra Pradesh

Reported in: 1992(2)ALT117

ORDERD.J. Jagannadha Raju, J.1. This writ petition is filed by a person who is holding full additional charge of the post of Junior College Principal. He seeks the relief of a writ of mandamus to direct the respondents 1 and 2 to continue the petitioner as Principal of the V.T. Junior College, Rajahmundry and to pass such other or further orders as are deemed fit and proper. The first respondent in this writ petition is the Correspondent of the V.T. Junior College, Rajahmundry. The second respondent is the Secretary, A.P. College Service Commission, and the third respondent is Sri V. Sitarama Rao in whose favour an order has been issued by respondents 1 and 2 appointing him as the regular Principal of the Junior College.2. The facts leading to the filing of the present writ petition are breifly as follows:The petitioner obtained M.Sc., degree in Chemistry from Vikram University in 1970. He obtained 53.8% marks in the final year examination and if the marks of the first and second years...

Vasireddi Bharata Rao and anr. Vs. Revenue Divisional Officer

Court: Andhra Pradesh

Reported in: 1992(1)ALT591

ORDERG. Radhakrishna Rao, J.1. These two appeals arise out of O.P.No. 461 of 1985 on the file of the Court of the Principal Subordinate Judge, Guntur, dated 30th June, 1989 by which the learned Subordinate Judge confirmed the market value of the land acquired at Rs. 50,000/- per acre as fixed by the Land Acquisition Officer, Guntur, in his award No. 5/85 dated 1-10-1985 as against the claim of Rs. 9,68,000/- per acre. The claimants are the appellants herein.2. A total extent of Ac.2-60 cents comprising of Ac.1-22 cents covered by S.NO. 164/2A belonging to one M.S. Narayanacharyulu, a retired District Judge and Ac.1-38 cents covered by S.NO.165/3A2 belonging to Vasireddy Bharatha Rao, situate in Koritipadu village of Guntur Mandal, was sought to be acquired for the purpose of construction of water works reservoir by the Guntur Municipality. Both these Survey Numbers are abutting Guntur-Amaravathi road on one side and by a Donka on the other side separated by S.Nos. 159 and 162. Amaravat...

Assistant Engineer and Another Vs. Gunda Hanumantha Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Lakshmana Rao, President: 1. This appeal is directed against the order of the District Forum, Guntur in C.D. No. 95 of 1989 dated: 13-11-1990 directing the electricity Board to restore the service No. 307 of the respondent herein within three days. It was further directed that llie appellant herein shall pay Rs. 500.00 (Rupees Five Hundred only) to the Respondents towards compensation and costs. 2. It is submitted by the learned Counsel for the appellant that the respondent had misused the domestic service connection for commercial purpose by operating 2 H.P. motor from August, 1985 and therefore, he was liable to pay the charges levied by the Electricity Board. The question whether the so-called statement of the respondent admitting that he had been using the domestic service connection No. 307 for a commercial purpose by using 2 H.P. motor from August, 1985 was genuine or not, was dealt with at length by the District Forum and held that the statement alleged to have been given by the...

Special Tahsildar and Land Acquisition Officer Vs. Dandu Saraswatamma ...

Court: Andhra Pradesh

Reported in: (1994)118CTR(AP)250; [1994]205ITR587(AP)

Immaneni Panduranga Rao, J.1. The common question that arises in all the above civil revision petitions is : 'Whether under section 194A of the Income-tax Act, 1961 (for short 'the Act'), the Revenue Department is entitled to deduct income-tax from the interest accrued on the compensation amount payable under the Land Acquisition Act ?'2. The facts leading to the filing of the above revision petitions are, briefly, as follows : The Commissioner of Income-tax, Andhra Pradesh-I, addressed a D.O. letter dated March 1, 1987, to the ten Revenue Secretary requesting him to issue instructions to all the officers concerned with land acquisition to deduct income-tax on payment of interest and to follow the provisions as laid down under section 194A and other provisions of the Act. In paragraph 2 of that D. O. letter, it is stated that while paying interest, income-tax is deductible at the rates in force during that financial year with effect from April 1, 1975, if the amount exceeded Rs. 1,000....

Special Tahsildar and Land Acquisition Officer Vs. Dandu Saraswatamma ...

Court: Andhra Pradesh

Reported in: [1993]205ITR587(AP)

IMMANENI PANDURANGA RAO J. - The common question that arises in all the above civil revision petitions is :'Whether under section 194A of the Income-tax Act, 1961 (for short 'the Act'), the Revenue Department is entitled to deduct income-tax from the interest accrued on the compensation amount payable under the Land Acquisition Act ?'The facts leading to the filing of the above revision petitions are, briefly, as follows :The Commissioner of Income-tax, Andhra Pradesh-I, addressed a D.O. letter dated March 1, 1987, to the ten Revenue Secretary requesting him to issue instructions to all the officers concerned with land acquisition to deduct income-tax on payment of interest and to follow the provisions as laid down under section 194A and other provisions of the Act. In paragraph 2 of that D. O. letter, it is stated that while paying interest, income-tax is deductible at the rates in force during that financial year with effect from April 1, 1975, if the amount exceeded Rs. 1,000.Basing...

The Mandal Revenue Officer Vs. D. Brahmanandareddi and anr.

Court: Andhra Pradesh

Reported in: 1993(1)ALT156

G. Radhakrishna Rao, J.1. The Land Acquisition Officer awarded compensation at Rs. 20,000/- per acre in respect of the land measuring about acres 3-81 cents. The land is situated at Yerraguidipalli village, Cuddapah district, covered by S.No. 69/2, Yerragudipalli village is adjacent to Pulivendula town. The Land Acquisition Officer took into consideration many sale deeds and ultimately granted the above amount. On reference, the learned judge took into consideration Ex.B-2 as a comparable sale and fixed the market value at Rs. 1,000/- per cent. Aggrieved by that, the State filed this appeal.2. The first contention raised by Sri Ramakrishna is that the sale-deed in respect of the land to an extent of acres 3.5 cents, for a value of Rs. 1,000/-, emanating from no other than the claimant No. 1 and which is prior to the initiation of the proceedings in the year 1984 cannot be taken into consideration. It is well settled proposition that for valuing a vast extent of more than 18,000 sq. yar...

M.A. Sami Khan and ors. Vs. the District Collector and ors.

Court: Andhra Pradesh

Reported in: 1992(1)ALT611

ORDERS.C. Pratap, C.J.1. These two writ appeals are preferred by the respective original writ petitioners against the judgment dated 27th February 1992 of the learned Single Judge dismissing their respective writ petitions.2. The dispute relates to, what we understand from the Bar, one of the prime co-operative societies in this country having as its members persons who have been, or are, in high places in different walks of life. The society is known as 'The Jubilee Hills Co-operative House Building Society Ltd., at Hyderabad'. This, Society was registered sometime in the year 1962 and about 1398 acres of land was alloted to it by the State Government in one of the prime locations in this city.3. Apart from the earlier elections, the impugned elections to the managing committee of this Society were notified on 10th February 1992. The commencement of the election process set the ball rolling for various disputes between the members of the Society as also between the existing members an...