Andhra Pradesh Court March 1992 Judgments
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B. Srinivasa Rao Vs. the Managing Director, Ecil and ors.
Court: Andhra Pradesh
Decided on: Mar-26-1992
Reported in: 1992(2)ALT179
ORDERSivaraman Nair, J.1. Petitioner was an employee of the Bhaba Atomic Research Centre, for short 'BARC at Bombay. That was a unit of Department of Atomic Energy of Government of India. He commenced service on 24-8-1960. In 1967, the Government of India decided to reorganise a part of the Atomic Energy Department into Public Sector Corporation. Consequently, the Electronics Corporation of India Limited was formed. The vacancies in that industrial unit were filled by transferring some of the workmen of BARC subject to confirmation of willingness of such workmen. Petitioner joined ECIL on 18-5-1967. Petitioner submits that even after transfer to an autonomous Corporation, he continued to be governed by the provisions of the fundamental Rules, the Subsidiary Rules and the Central Service Rules, as applied to employees of the Department of Atomic Energy. According to the petitioner, his assignment to the ECIL was a transfer to Foreign Service on deputation in accordance with Fundamental ...
The Mandal Revenue Officer and anr. Vs. Sri Sri Sri Jagannadhaswamyvar ...
Court: Andhra Pradesh
Decided on: Mar-26-1992
Reported in: 1992(2)ALT278
G. Radhakrishna Rao, J.1. This is an appeal filed by the Government against the order of the learned Subordinate Judge, Rajam in O.P. No. 15 of 1987 enhancing the compensation from Rs. 15,000/- per acre awarded by the Land Acquisition Officer to Rs. 30/- per square yard or Rs. 1,45,200/- per acre. 2. The facts leading to the filing of the appeal, in brief, are as follows:-An extent of Ac. 21-81 cents of land belonging to Sri Jagamadha Swamy Vari Temple situated at Palakonda, Sirkakulam District was sought to be acquired by means of a notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') dated 18-2-1981 for the purpose of providing house-sites to the weaker sections of the Society at Palakonda. The Commissioner of Endowments, who is the Head of the Department of Endowments and who has control over the temple in question, by his letter D.Dis. M2/20537/80 dated 28-4-1980 agreed to the said acquisition of the temple land subject, however, to the condition of pay...
Baley Narasimha Rao Vs. Sri Peddintammavari Temple and anr.
Court: Andhra Pradesh
Decided on: Mar-25-1992
Reported in: 1992(1)ALT609
ORDERB. Subhashan Reddy, J.1. This is a glaring case how the temples' properties are being mis-managed and how the people are setting up vexatious claims in order to cause loss to the endowment properties. Very valuable agricultural lands, wet assessed and irrigated through government source of irrigation, admeasuring Ac.38-38 cents comprised in R.S.Nos. 117, 118, 119, 120, 121, 124 and 125 of Chittennapadu village of Bhimadole Mandal, West Godavari District, are involved in this case. It is claimed by the writ petitioner/appellant that he is the statutory tenant under the provisions of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to as 'the Act). It is also claimed that by virtue of he being a statutory tenant, his rights are protected and that he has got pre-emption to purchase the said lands and that without offering the same to Mm for sale, the respondents have put it for sale by public auction and that the said action is illegal. For that purpose, our e...
Venkatagiri Gram Panchayat Tax Payers Association Vs. the District Col ...
Court: Andhra Pradesh
Decided on: Mar-25-1992
Reported in: 1992(1)ALT618
ORDERB. Subhashan Reddy, J.1. This is yet another case wherein due to the lethargy and avoidable irregularities, the exchequer of the local authority has suffered a lot. Revision of house tax in Venkatagiri Gram Panchayat of Nellore District, was to be made during the year 1982. But, because of the indifferent attitude, be it that of the persons manning the local authority or the governmental authorities, revision could not be effected on time. By this time, had the proper procedure been followed, revision of house tax could have been made not only in the year 1982, but also in the year 1987 and then in the ensuing year of 1992. Due to the illegal action of the respondents, there is colossal loss to the exchequer of the local authority resulting in strain even on public funds.2. Though revision of tax was proposed to be done in the year 1982 and objections called for and even though objections were made, instead of the said objections being considered by the same Revision Officer, once...
Transport Corporation of India Ltd. Vs. the Special Tahsildar, Land Re ...
Court: Andhra Pradesh
Decided on: Mar-25-1992
Reported in: 1992(2)ALT243
ORDERY. Bhaskara Rao, J.1. This revision petition arises out of a declaration filed by the company, known as the Transport Corporation of India Limited. The company owns the land in two villages - Sholipur village, Shadnagar taluq, Mahabubnagar district and Udumalpuram village of Nandyal taluq of Kurnool District. The total extent of the land held by the company is 1-5912 S.H. The Land Reforms Tribunal, Kurnool has decided that declaration filed by the company under Section 8 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and treated the company as an individual and declared that the company has got excess land of 0-5912 S.H. Against the said order, an appeal was filed before the Land Reforms Appellate Tribunal, Kurnool and the appellate Tribunal confirmed the order of the Land Reforms Tribunal. Against that the present revision is filed.2. The learned Counsel for the petitioner contended that though the land is owned by the company as per the provisions of the a...
Ajmera Bigna and anr. Vs. the Agent to the Government (District Collec ...
Court: Andhra Pradesh
Decided on: Mar-25-1992
Reported in: 1992(2)ALT312
ORDERB. Subhashan Reddy, J.1. This Writ Petition is filed questioning the proceedings of the first respondent - Agent to Government, Khammam, who had reversed the order passed by the second respondent herein - Special Deputy Collector (Tribal Welfare), Paloncha.2. Proceedings have been initiated under the Provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, which extended to the area of Khammam with effect from 1-12-1963. The matter was taken up as Case No. 211 of 1988 on the file of the Special Deputy Collector (Tribal Welfare), Paloncha, and after following the formalities as contemplated under the Statute and the statutory Rules, enquiry was conducted.3. The allegations levelled against the writ petitioners are that the land bearing S.No. 408/E situated at Komatlagudem village of Khammam District admeasuring Ac.4-02 guntas originally belonged to the grandfather of the 4th respondent, that the grandfather of the 4th respondent and one Shaik Madar Saheb wer...
C. Ratnaswamy Mudaliar (Since Died) Now Rep. by His Son and Successor- ...
Court: Andhra Pradesh
Decided on: Mar-25-1992
Reported in: 1992(2)ALT650
S.C. Pratap, C.J.1. This Appeal is preferred against the order of the learned single Judge dismissing Writ Petition No. 6293 of 1991.2. Facts and circumstances, briefly stated, are as follows: Sri Arun Jyothi, Shri Natraj Murthy Ashram Committee, with seven members with the original writ petitioner as President for life was formed. In 1974 the Committee constructed 'Sri Raja Rajeswari Amma Varu' Temple (for short, the temple) at Nellore. In 1981, the Assistant Commissioner, Endowments, directed the Committee to get the said temple registered under Section 38 of the Andhra Pradesh Charitable & Hindu Religious Institutions and Endowments Act, 1966 (hereinafter, 'the Act'). This order was challenged by the original writ petitioner in Writ Petition No. 2071 of 1981. The said petition was disposed of with a direction to the Writ Petitioner to approach the Deputy Commissioner of Endowments under Section 77 of the Act. In the meanwhile, the Assistant Commissioner of Endowments appointed in Ju...
Patel Desai and Co. and Meera Industries Vs. Assistant Commissioner of ...
Court: Andhra Pradesh
Decided on: Mar-24-1992
Reported in: [2000]245ITR521(AP)
P. Venkatarama Reddi, J.1. The petitioners in these two writ petitions seek issuance of writ of certiorari to quash the order of the Settlement Commission dated June 17, 1992, in so far as it relates to the assessment, year 1984-85 and its decision on the question of admissibility of development expenditure of Rs. 3,44,817. Both the petitioners are allied firms. 2. Among the various items dealt with by the Settlement Commission, the transaction relating to Rasoolpura property is one. The owners of the plot entered into an agreement with the petitioners, according to which the petitioners were allowed to develop the plot and to construct the buildings and the petitioners were authorised to let out the buildings during the period of agreement which is stipulated to be eleven years from January 1, 1984. The terms and conditions of the agreement have been adverted to by the Settlement Commission. According to the said terms, the cost of construction shall be borne by the petitioners; howev...
L. Prathap Reddy Vs. the High Court of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-24-1992
Reported in: 1992(2)ALT262
G. Radhakrishna Rao, J.1. This Writ Petition is filed for the issuance of a writ of mandamus directing the respondents 1 and 2 to revise and review the promotions given to the respondents 3 and 4 dt.23-2-1988 and 12-5-1988 respectively and consequently promote the petitioner by revising his promotion as Deputy Nazir with effect from the date on which the respondents 3 and 4 were promoted and further by holding that the petitioner is senior to the respondents 3 and 4 in the category of Deputy Nazir/U.D.C.2. The promotion vacancies in Nizamabad unit (Judicial Department) arose in or about 1986. The respondents 3 and 4 herein filed writ petitions to fill up the vacancies by promotion and a direction was given to consider their cases for promotion. In pursuance of the direction given by this Court, the respondents 3 and 4 were considered for promotion and in view of that the writ petitions 16252 and 16885 of 1987 were disposed of by this Court stating that no further orders are necessary a...
L. Suryaprakasa Rao Vs. District Social Welfare Officer and L.A.O.
Court: Andhra Pradesh
Decided on: Mar-23-1992
Reported in: 1993(1)ALT716
Radhakrishna Rao, J.1. Ac.2-80 cents of land situated at Kunuru Agraharam covered by R.S. No. 65/2 belonging to the claimant has been acquired by the Government for the purpose of providing house sites to the weaker sections. The claimant himself volunteered and gave consent for the acquisition of the said land as early as on 22nd Jan 1980. The Land Acquisition Officer inspected the site on 23rd June, 1983. The Notification was made in the Gazette under Section 4(1) of the Act on 21-3-84. Possession was taken on 23-4-84. The award was passed on 26-3-85. The L.A.O. duly considered the sales statistics, and came to the conclusion that Rs. 28,000/- per acre would be the reasonable compensation. On reference, the lower court granted at the rate of Rs. 35,000/- per acre for the acquired land and Rs. 56,500/- for the trees and Rs. 7,000/- for the filter point.2. Now the point for consideration in these appeals is whether the lower Court was right in enhancing the compensation and further whe...
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