Andhra Pradesh Court March 1997 Judgments
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Edupuganti Bala Veera Raghavaiah Vs. Mohd. ImthiazuddIn and anr.
Court: Andhra Pradesh
Decided on: Mar-25-1997
Reported in: 1997(2)ALT327
M.N. Rao, J.1. This Letters Patent Appeal by the plaintiff is from the judgment and decree of a learned single Judge of this Court in A.S.No.2120 of 1990 reversing the decree for specific performance with certain conditions granted by the learned II Additional Subordinate Judge, Vijayawada in O.S.No. 459 of 1981. The parties are referred to in this judgment for the sake of convenience as they are arrayed in the suit. The suit was laid by the plaintiff (appellant herein) against defendants 1 and 2 (respondents 1 and 2 herein) for specific performance of a contract of sale dated 2-9-1977, Ex.A-1, in respect of an urban house-site admeasuring 3,000 sq. yards situate in Ward No. 28, Labbipet, Vijayawada. The defendants are natural brothers each owning an extent of 3,394 square yards of Urban Land in N.T.S.No. 147 Patamata Village within the urban agglomeration of Vijayawada and each of them is entitled to retain under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for...
Agricultural Market Committee Rep. by Its Chairman Vs. Gram Panchayat ...
Court: Andhra Pradesh
Decided on: Mar-25-1997
Reported in: 1997(6)ALT205
ORDERB. Subhashan Reddy, J.1. This Writ Petition was filed seeking a prayer to declare the action of the respondents in not handing-over the cattle market at Shankarpalli village of Ranga Reddy District, to the petitioner as illegal,2. May be the prayer as sought for cannot be granted for the reason that if the place where the cattle market is being held belongs to the Gram Panchayat, the place physically cannot be handed over to the petitioner. But, the learned Standing Counsel for the petitioner-Agricultural Market Committee submits that what was sought for is to prohibit the respondents from conducting cattle market and collecting the market fee therefor, for the reason that the place where the cattle market is being conducted falls within the notified area of the petitioner and that in any event, the cattle market has to be held only by the petitioner-Market Committee in view of Section 29(1) of the Andhra Pradesh Agricultural (Produce and Livestock) Markets Act, 1966 (A.P. Act 16 ...
C.E. Cooper Vs. Municipal Commissioner of Hyderabad Rep. by Addl. Comm ...
Court: Andhra Pradesh
Decided on: Mar-25-1997
Reported in: 1997(5)ALT466
ORDERLingaraja Rath, J.1. Mr. R.V. Kameshwaran, learned Counsel appearing for the petitioner had raised the simple question that a demand raised on 16-1-1997 for property tax for the period from 1-4-1981 to 31-3-1997 is bad in law as demand for tax for more than three years from the date of the demand cannot be raised. It is also argued that in the notice given to the petitioner mentioned Rs.4,031-50 as having been already paid by him whereas actually the petitioner has paid Rs. 5,131/-. The learned Counsel for the petitioner had placed reliance on a decision of this Court in W.P.No. 13700/1995 dated 10-7-1995 by a Division Bench of this Court wherein the Court held that arrears of tax has to be recovered within the time permissible under the Limitation Act.2. Submission is advanced by Smt. Jyothi Kiran, learned Counsel appearing for the respondent that the amendment to Section 238 of the Hyderabad Municipal Corporations Act, 1955 (hereinafter referred to as 'Act') by addition of provi...
P. Renuka and ors. Vs. Senior Divisional Manager, L.i.C. Divisional Of ...
Court: Andhra Pradesh
Decided on: Mar-25-1997
Reported in: 1998(1)ALT552
ORDERC.V.N. Sastri, J.1. In this writ petition the petitioners seek to assail the refusal of the respondents to provide compassionate appointment to the third petitioner.2. The facts are not in controversy. The first petitioner is the widow, and the petitioners 2 and 3 are the sons of late P. Mallaiah who died on 17-7-1990 while working as Record Clerk in City Branch VI of the Life Insurance Corporation of India, Hyderabad. After the death of Mallaiah, the first petitioner made a representation on 19-9-1990 requesting the first respondent to appoint the second petitioner in any suitable post on compassionate grounds. The said request was, however, turned down by the first respondent who, by his letter dated 3-12-1990, informed the first petitioner that the competent authority found it not possible to accede to her request for suitable job to her son Mr. P. Chandrasekhar on compassionate grounds. The first petitioner again made a representation on 15-1-1991 to reconsider her request to ...
National Chemical Products Vs. Commissioner of Prohibition and Excise, ...
Court: Andhra Pradesh
Decided on: Mar-25-1997
Reported in: 1997(3)ALT315
ORDERB.K. Somasekhara, J.1. The petitioner held a licence DS-XI-A 7-D dated 13-9-1993 to manufacture Di-ethyl Pthalate mixing Pthalic Anhydrate along with Sulphuric Acid as a catalyst. It is said to be a firm carrying on the activities at Jeedimetla in Ranga Reddy District. The first respondent is the Commissioner of Excise and Prohibition, Hyderabad, the second Respondent is the Deputy Commissioner of Excise and Prohibition and the 3rd respondent is the Superintendent of Excise and Prohibition. The excise officials inspected the factory premises of the petitioner on 6-12-1993 being a Monday and said to have found certain irregularities and the 3rd respondent suspended the licence of the petitioner under the proceedings No. E. 7/1600/93 dated 17-12-1993 pending enquiry into certain deficiencies or allegations. A show-cause notice was issued to the petitioner in Lr.No. E7/1600/93 dated 10-1-1994 calling upon the petitioner to explain as to why the licence should not be cancelled. The ex...
T.S. Prakash Rao, Vs. Visakhapatnam Port Trust, Visakhapatnam
Court: Andhra Pradesh
Decided on: Mar-24-1997
Reported in: 1998(3)ALD474; 1998(4)ALT60
ORDER1. This writ petition is filed for quashing the proceedings dated 12-9-1994 vide Memorandum No.C1/PGTSPR/94 and also the other proceedings dated 15-5-1995 vide Order No.C1/POTSPR/95.2. Learned Counsel appearing for the petitioner contended that by the impugned proceedings dated 12-9-1994 the charges are framed against the petitioner for holding a departmental enquiry and vide proceedings dated 15-5-1995 the Enquiry Officer and the Presenting Officer were appointed and these proceedings are illegal, since the proceedings are initiated after the retirement of the petitioner which is impermissible in law. Elaborating his contention, he stated that the petitioner retired with effect from 30-11-1993 and from the date of his retirement the relationship of the petitioner with the respondent-Visakhapatnam Port Trust as Employer and Employee ceases to exist; therefore, these proceedings cannot go on. He relied upon two judgments of this Court in C. Ramalinga Reddy v. Non-Conventional Energ...
M/S. Hind Rerolling Industries, Hyderabad Vs. Superintending Engineer, ...
Court: Andhra Pradesh
Decided on: Mar-21-1997
Reported in: AIR1997AP291
ORDERS. PAKVATHA RAO, J.1. The petitioner questions the so-called order in the respondent's letter No. SE O, Hyd. HTlV HRl 92/580 dated 28-9-1992 and seeks a Writ of Mandamus restraining the respondent from disconnecting the supply of power to the petitioner's unit pursuant to the said letter.2. The facts leading to the said impugned letter have to be mentioned. The petitioner set up a Steel Rerolling Unit at Sanathnagar in Hyderabad and has been receiving electrical energy under H.T. Category from the Andhra Pradesh State Electricity Board ('the Board' for short). On 13-1-1992 the Officers of the Board visited the petitioner's unit and discovered that the 'R' phase of the meter was not functioning. At the time of inspection one Sri Deep Chand, said to be the Supervisor of the petitioner, was present. Thereafter the respondent herein addressed letter No. SE/ OC/HYD/HT.IV/92/HR/1/89 dated 5-5-1992 stating as follows:--'It is to inform that the' Asst. Divisional Engineer, DPE-III APSEB h...
P. Sukhadev Vs. the Commissioner of Endowments Andhra Pradesh, Hyderab ...
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: AIR1997AP271; 1997(3)ALT202
ORDER1. The brief facts relevant for purpose of consideration of the controversy in the instant case are that:The 2nd respondent -- Devasthanam by a Registered lease deed executed on 5-10-1962 in favour of CALTEX, about 700 Sq. yards of vacant land of the Devasthanam was leased out to CALTEX for a period of ten years at a rental of Rs. 35/- per month. The dealership for running the retail outlet (petrol bunk) was given to 2nd respondent -- Devasthanam byCALTEX by a separate 'Dealer' Agreement. The terms and conditions of the Dealership Agreement evidence that CALTEX shall install tanks, pumps, equipment etc., at its own cost and the dealer shall pay a monthly rent of Rs. 10/- on the 1st of every month for use of the equipment which sum was subsequently enhanced on the expiry of the initial term of dealership. The 2nd Respondent --Devasthanam managed the service station for the purpose and use of temple vehicles for about fifteen years and on account of increase in the establishment cha...
National Textiles Corporation (A.P.K.K. and M.) Ltd. Vs. Chairman, Ind ...
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1997(4)ALD582
ORDER1. Heard both the Counsels. 2. The petitioner seeks a writ of certiorari or any appropriate writ, order or direction to quash and set aside the Award in I.D. No. 53/1985, dated October 21, 1985 passed by the 1st Respondent and to declare the Award as null and void and declare that the said Shops' Employees are not eligible to claim Leave Travel Concession under the settlement dated October 29, 1983. 3. Mr. A. Krishnamurthy, the learned Counsel for the petitioner submits that the National Textiles Corporation (hereinafter referred to as 'Corporation') was formed in the year 1968 under Indian Companies' Act, 1956. The primary function of Corporation is promotion of textiles in the country. When a large number of textile mills in the country became sick, the Central Government nationalised 103 textile mills in the country in the year 1974 by an ordinance which is later replaced by Nationalisation of Sick Textiles Undertakings Act. Each mill so nationalised was earlier an independent ...
C. Ramakrishna Vs. Kanisetty Hari Prasad and ors.
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1997(2)ALT336
ORDERRamesh Madhav Bapat, J.1. The present revision petition has been filed by one C. Ramakrishna, son of C. Narayana Swamy, Advocate-cum-Receiver of Bhagwan Sri Venkayya Swamy Humanitarian Mission, Golagamudi, V. Satram, Nellore District, aggrieved by the order passed by the learned District Judge, Nellore in LA. No. 281 of 1996 in LA. No. 66 of 1995 arising out of O-S.No. 1 of 1995 which is pending on his file.2. In order to appreciate the points involved in this litigation, it is necessary to narrate few facts.3. One Bhagwan Sri Venkayya Swamy was a Godly person, who had spent his life for betterment of all the persons staying around (about) Golagamudi village and therefore he had large followers. After his death, his devotees created a small Ashram in his memory. Many devotees started visiting the said Ashram and started donating huge amounts to the said Ashram. Respondents 5 to 14 herein formed an Association and established a Mission under the name of Bhagwan Sri Venkayya Swamy H...
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