Andhra Pradesh Court February 1996 Judgments
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J. Gopalan Vs. Municipal Corporation of Hyderabad and Others
Court: Andhra Pradesh
Decided on: Feb-29-1996
Reported in: AIR1996AP371; 1996(1)ALT600
ORDER1. There is conflict of perception of a problem, the problem of dealing with stray dogs in the twin Cities of Hyderabad and Secunderabad and remedial measures to be adopted to solve that problem, between an individual and a public authority and this conflict is carried to this Court for consideration and resolution by way of this writ petition, styled as Public Interest Litigation (PIL) under Article 226 of the Constitution. The petitioner is one J. Gopalan. He claims to be an Engineer by profession and he is a permanent resident of Hyderabad for the past 30 years. The petitioner has stated that he has filed this PIL to espouse the cause of the residents of the twin cities of Hyderabad and Secunderabad.2. The Respondent No. 1 is the Municipal Corporation of Hyderabad, for short 'the Corporation'; the second respondent is Smt. Rachel Chatterjee who was the Commissioner of the Corporation at the relevant time and the third respondent is Blue Cross represented by its Chair-Person Smt...
Government of Andhra Pradesh, Rep. by It Secretary, Education (Sse-i) ...
Court: Andhra Pradesh
Decided on: Feb-29-1996
Reported in: 1996(2)ALT672
P.S. Mishra, C.J.1. Heard learned counsel for the appellant. No one has appeared for the respondent.2. Facts do not appear to be in dispute. Writ petitioner respondent is a recognised school and pursuant to the Government Order in G.O.Ms.No. 344 dated 22-7-1985, it has been permitted to admit all additional sections and posts to grant-in aid with effect from 1-6-1985. Writ Petitioner - respondent made representations for admission of two additional sections and posts to the District Educational officer and sent reminders for the said purpose. Nothing, however, it appears was done pursuant to the representations and reminders of the petitioner - respondent. It is, however, said on behalf of the appellants that in February, 1990 the Committee constituted for the said purpose rejected the admission. It is, however, conceded that the Government issued G.O.Ms.No. 178 dated 22-7-1990, admitting new post as an additional post to grant-in-aid in respect of various schools, numbering 313 with e...
Manduva Srinivasa Rao Vs. Sajana Granites, Madras and Others
Court: Andhra Pradesh
Decided on: Feb-28-1996
Reported in: AIR1997AP49; 1996(1)ALT648
ORDER1. The revision petitioner is the first defendant in O.S. No. 158 of 1992 on the file of Additional .Subordinate Judge, Ongole. The suit was posted before the trial Court on 8-3-1995 for filing the written statement of the defendanls. At the time of hearing, Sri Veerabhadraiah, learned Senior Counsel appearing for the revision petitioner placed a memo extracting the order made by the trial Court on 8-3-1995. It reads as under :--'Written statement of D-1, D-3, D-4 and D-10 to D-14 not filed. D-2 called absent as seen from the R.P. it was returned that the D-2 left. Plaintiffs' counsel requested for steps. Hence it is ordered summon to D-2 by Publication in Hindu Daily Publication circulating in Madras. D-l, D-3, D-4 and D-10 to D-14 called absent and set ex parte. For publication and summons to D-2 call on 6-6-1995.'As could be seen from this order, the first defendant, along with certain other defendants, was called and since they were absent the learned trial Judge set them ex p...
Champatlal Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-28-1996
Reported in: [1996]103STC341(AP)
Y.V. Narayana, J.1. This writ petition is filed seeking issuance of a writ of mandamus declaring that rule 45(1-B) of the A.P. General Sales Tax Rules. 1957 (in short, 'the Rules') as illegal, unconstitutional and ultra vires of the main provisions of the A.P. General Sales Tax Act (6 of 1957) and consequently to direct the respondents not to take any action against the petitioner as per the notice issued by the third respondent in Rc. No. 20/87, dated January 20, 1987. 2. The brief facts of the case are : The petitioner belongs to Marwadi community. He was born in Rajasthan State. He migrated to the State of Andhra Pradesh and settled in Vijayawada, Krishna district. The petitioner has been doing business in Vijayawada. He has been maintaining the accounts in Hindi by using Devanagari form of numericals in the books of accounts. The books of accounts maintained by him are being produced before the income-tax, central excise and sales tax authorities for scrutiny. None of the authoriti...
S. Shakuntala and anr. Vs. Addl. Commissioner, Municipal Corporation o ...
Court: Andhra Pradesh
Decided on: Feb-28-1996
Reported in: 1996(2)ALT723
ORDERSyed Shah Mohammed Quadri, J.1. The petitioners seek a Writ of Mandamus declaring the action of the respondents in issuing the notice No. PA/162/C5/Tax95, dated 28-9-1995 and the Demand Notice dated 10-2-1996 requiring them to pay the municipal tax without reference to the actual rent received by them as illegal and arbitrary.2. To appreciate the scope of the complaint of the petitioners, it would be necessary to state relevant facts here. The petitioners, it is stated, are the life estate holders of premises bearing Nos. 1-7-198 to 200 situate at M.G.Road, Secunderabad and they have the right to enjoy the rents derived from the said premises. They say that the property was leased out to a tenant on a rent of Rs. 800/- per month in 1952 and the same tenant is in continuous possession of the said premises. The municipal tax payable on that basic was Rs. 3,325-25 yearly. The present proceedings arises out of the special notice issued by the first respondent, viz., Additional Commiss...
V.V.S.S. Vara Prasada Rao Patnaik Vs. the Co-op. Central Bank Ltd. and ...
Court: Andhra Pradesh
Decided on: Feb-27-1996
Reported in: 1996(2)ALT107
Lingaraja Rath, J.1. The fourth respondent in the writ petition, who was impleaded as a party subsequent to the filing of the petition, is the appellant. An advertisement had teen issued by the respondent No. 1 Bank for appointment of three direct recruits in category III posts. While drawing up the panel for appointment, after holding interview, the appellant and the third respondent were also included in the panel for future vacancies as the 4th and the 5th names in the panel. When their appointment orders were about to be issued in respect of vacancies which arose subsequently, Writ Petition No. 13660/86 was filed by some of the in service personnel challenging their empanelment for future posts. The writ petition having been allowed by the learned single Judge, the appeal has been preferred.2. Before the learned single Judge the writ petition was contested by the Bank taking the stand inter alia of the respondent No. 1 being not 'State' and that a petition under Article 226 against...
Pogakula Laxmireddy and Others Vs. the Prinicipal Secretary to Govt. o ...
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: AIR1997AP6
ORDER1. Since common questions oflaw are involved in all the cases, they areclubbed together and disposed of under acommon order.2. Writ Petition No. 24502/95 has been filed by the President of Chintamanu Muttam Development Society in Banumukkala, Banganpalli town in Kurnool District, while Writ Petition No. 24586/95 was filed by A.P. Viswa Brahmana Sangam. Writ PetitionNo. 24519/95 has been filed by the devotees of His Holiness Sri Madhviratt Potuluri. Veera Brahmendra Swamy. In these three writ petitions, the proceedings issued by the Government in Memo dated 23-9-1995 per-mitting Sri Satguru Veerabhoga Vasantha Rayulu to excavate the Kala Gnanam from the premises of Chinlamanu Mutt, Bangana pally are assailed as illegal and violative of Arts. 14, 25 and 26 of the Constitution of India.3. The averments as stated in the affidavit in all the three writ petitions can be narrated succinctly. As the legend goes that about 3 to 5 centuries back His Holiness Sri Madhviraur Potuluri Veera Br...
Municipal Corporation of Hyderabad and ors. Vs. Mirza Yaseen Ali Baig ...
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: 1996(2)ALT220; 1996CriLJ3024
ORDER1. Mirza Yaseen Ali Baig - First respondent filed writ Petition No. 5500 of 1993 impleading the State of Andhra Pradesh and the Municipal Corporation of Hyderabad and sought a declaration that a piece of land bearing H.No. 10-3-14/B/13 at Muradnagar, Hyderabad, was not covered by layout No. 16/layout No. 70, dated 13-10-1978. He claimed to be the owner and in possession of the house bearing Municipal No. 10-3-14/B/13 and that he had purchased the house under an agreement for sale, dated 6-7-1969 from its owner for a consideration. Municipal Corporation officials, he alleged, came to his house on 20-4-1993 and directed him to dismantle the house as it was a part of the open space ear-marked for the sanctioned layout. The Municipal Corporation, however, brought on the record information that the land over which the first respondent (petitioner in the writ petition) was claiming ownership was/is known as 'Safdaria Park' and it was so shown in the layout of premises No. 10-3-14 at Hum...
S. Damodar Reddy Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: 1996(1)ALD(Cri)645; 1996CriLJ3271
ORDER1. The petitioner is the 2nd accused in C.C. No. 204 of 1994 pending on the file of the Court of Special Sessions Judge constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') at Mahaboobnagar. Upon a complaint filed u/S. 200 of the Code of Criminal Procedure, 1973 (for short, 'the Code') by the complainant, who has been impleaded as 3rd respondent, alleging commission of offences u/S. 3(1)(viii) and (ix) of the Act, the Special Judge has taken cognizance of the above offences in C.C. No. 204/94 and issued process against the petitioner. This petition is filed u/S. 482 of the Code seeking to quash the above proceedings. 2. The contentions of the learned counsel for the petitioner are two fold : (i) The Special Court, being a Court of Session is not empowered to take cognizance of the offences complained of, in view of the prohibition placed on the Sessions Court under S. 193 of the Code; (ii) The mandate contained u/S...
Singareni Colleries Co. Ltd. and anr. Vs. M. Ramu
Court: Andhra Pradesh
Decided on: Feb-26-1996
Reported in: 1996(2)ALT662; (1997)ILLJ128AP
ORDERP.S. Mishra, C.J. 1. A son, dependant upon his father and the step-mother who were the breadwinners of the family, lost the latter and sought accordingly compassionate appointment. The appellants, however, did not accept his claim on the ground that since his father was still working, he was not a dependant of the step-mother and under the scheme of such compassionate appointment, if the bread winner father was still alive, his dependant son, even though the step-mother had died, could not claim compassionate appointment. Learned single Judge has, however, taken notice of the fact that the father of the writ petitioner and the step-mother were together earning for the family. He has also accepted that for the purposes of the earning of the family there could he no division between the dependants upon the income of the father and dependants upon the income of the mother, a step-mother included. One can legitimately, however, subscribe to the above upon which the appellants have pla...
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