Andhra Pradesh Court April 1997 Judgments
C. Sadhainandam Vs. Rama Murthy and ors.
Court: Andhra Pradesh
Decided on: Apr-30-1997
Reported in: 1997(2)ALD(Cri)286; 1997(3)ALT743; 1997CriLJ3329
P.S. Mishra, C.J.1. Petitioner moved this Court when the third respondent was allegedly selected although he did not fulfil the requisite qualifications for the post of a lecturer in Sri Venkateswara University. A learned single Judge of this Court took notice of the comparative merit and qualifications of the petitioner and the third respondent herein and held against the appointment of the third respondent. The University preferred appeal. This Court while disposing of the Writ Appeal No. 554 of 1996 has recorded as follows : 'The learned single Judge has taken notice of the fact that person who possessed all requisite qualifications and was placed in the I Class in the qualifying M.A. examination along with M. Phil., has been discriminated in the matter of appointment to the post of Lecturer in the appellant-University when the University has chosen to appoint a person who had obtained less than qualifying marks (less than 54%) in M.A. examination only on the basis of the oral inter...
Tag this Judgment!Advocate-general of Andhra Pradesh Vs. Chennamsetty Chakrapani C.i. of ...
Court: Andhra Pradesh
Decided on: Apr-30-1997
Reported in: 1997(3)ALD588; 1997(2)ALD(Cri)92; 1997(3)ALT328; 1997(2)APLJ54; 1997CriLJ3333
B.S. Raikote, J.1. This Contempt Case is taken up on the file on the basis of the report submitted by the learned Munsif Magistrate, Vinukonda. According to the report a complaint was given by Tammisetti Yedukondalu, PW 4 on 20-8-1994 under Section 97 of Cr.P.C. alleging that his two sons Sri T. Hari Babu and Sri T. Srinu were illegally detained in old Guntur Police Station. The said complaint was registered in Crl.M.P. No. 2368 of 1994 and an Advocate Commissioner Sri M. Kameshwar Rao, PW 1, was appointed with a search warrant to inspect the lock up at the Police Station premises of the Old Guntur Police Station, and Sri D. V. Ramana Rao, Junior Assistant of the same Court was directed to assist the Advocate Commissioner in executing the search warrant issued by that court. It is further stated in the report that the Advocate Commissioner reported to the Magistrate that they were assaulted and restrained from executing the search warrant and the two sons of the petitioner were found i...
Tag this Judgment!R. Ramanaiah and ors. Vs. Government of A.P., Rep. by the Secretary, E ...
Court: Andhra Pradesh
Decided on: Apr-30-1997
Reported in: 1997(4)ALT191
ORDERP. Venkatarama Reddi, J. 1. The petitioners in this batch of writ petitions challenge the validity and vires of A.P. Charcoal (Production and Transport) Rules, 1992 more especially Rule 3(3) framed by the State Government in G.O.Ms.No. 291 (For. III) Department dated 28-12-1992 published in the A.P. Gazette on 28-1-1993. The alternative prayer is also made in some of the writ petitions to declare that the said Rules have no application to the manufacture of charcoal out of Prospis Juliflora (Known as 'Seema Tumma'). Excepting the petitioner in W.P.No. 6778 of 1993 who is a landholder, others are traders in charcoal.2. In exercise of powers conferred by Section 68 of the A.P. Forest Act, 1967, the Governor of A.P. framed the Rules known as A.P. Charcoal (Production & Transport) Rules, 1992 regulating the production and transport of charcoal in the State of Andhra Pradesh. 'Charcoal' is defined to mean as a form of Carbon derived from incomplete combustion of wood derived from a tre...
Tag this Judgment!Special Deputy Collector (La) Hlc Vs. Kakarla Yerrappa @ Yerri Swamy
Court: Andhra Pradesh
Decided on: Apr-30-1997
Reported in: 1997(4)ALT200
D. Reddappa Reddi, J. 1. This appeal by the Special Deputy Collector (Land Acquisition) Under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') and the cross-objections therein by the claimant/landholder arise out of the judgment and decree dt. 17-1-1996 in OP.No. 67/93 on the file of the Principal Subordinate Judge, Anantapur. They relate to acquisition of land bearing S.Nos. 38/1A1 and 38/1A2 measuring 13.75.0 hectares (equivalent to Ac.34-00) together with trees and structures standing thereon, situated in Mylarampalli village, Uravakonda Mandal, Anantapur District, for fore-shore submersion of Penna Ahobilam Balancing Reservoir (PABR).2. The acquisition proceedings commenced with the publication of Draft notification Under Section 4(1) of the Act, approved in G.O.Rt.No. 221, Irrigation & CAD (P.W.) Department, dt. 22-4-1991, in the A.P. Gazette dated 4-5-1991. The Land Acquisition Officer in the course of enquiry Under Section 11 of the Act placed the acquired land...
Tag this Judgment!Yamunanagar Co-operative House Building Society, Rep. by Its President ...
Court: Andhra Pradesh
Decided on: Apr-30-1997
Reported in: 1997(4)ALT317
ORDERN.Y. Hanumanthappa, J.1. The petitioner had filed this writ petition originally seeking for the relief that writ of Certiorari may be issued to quash the Memo No. 101204/ Asn.III(2)/90-2. dated 14-2-1992 issued by the first respondent. By way of amendment dated 28-3-1997 petitioner sought for further relief viz. to issue writ of Certiorari to quash the notice in Memo No. 101204/ Asn.III(2)/90, dated 22-8-1991 issued by the first respondent declaring it as illegal.2. A few facts which are necessary to dispose of this writ petition, are as follows:The petitioner is a Co-operative House Building Society registered under the provisions of the A.P.Co-operative Societies Act,1964. The petitioner and several others during the year 1979 purchased a portion of the land in survey No. 102 in Hakimpet village for valuable consideration from one Syed Ahmed Nooruddin after obtaining necessary permission from Urban Land Ceiling Authority. From the date of purchase, the petitioner is in occupatio...
Tag this Judgment!P. Prabhakar Reddy Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-29-1997
Reported in: 1998(1)ALD124
1. The fate of this writ petition hangs on the question whether the termination of contract and forfeiture of Earnest Money Deposit by the respondents could be looked into and decided by the High Court in exercise of its Writ jurisdiction under Article 226 of the Constitution of India.2. The learned Counsel for the petitioner attempted to bring home to the Court that the petitioner was precluded from performing the work at the site of the contract mainly on account of the fact that the site for executing the contract work was not made available to him and not even till today. The work was to be completed within 18 months from the date when the site was actually required to be handed over to the petitioner-Contractor by the Roads and Buildings Division, Tirupathi, Chittoor District.3. By a letter dated 25-5-1996 (Lr. No. W.F.C.104/93-94/A2), the 4th respsondent terminated the Agreement No. 104/93-94 dated 21-7-1993 relating to the work of construction of a High Level Bridge across river...
Tag this Judgment!A.P. Paper Mills Limited Vs. Government of Andhra Pradesh and Another
Court: Andhra Pradesh
Decided on: Apr-29-1997
Reported in: AIR1997AP379; 1997(3)ALT101
ORDERS.R. Nayak, J. 1. A short but an important question of law which arises for our considerationand decision in this writ petition is whether the Govern merit has the power to cancel I any resolution passed by a Municipality acting under Section 88 (4) of A.P. Municipalities Act, 1965. for short 'the Act', graining exemption from payment of scavenging lax.2. Few facts leading to the filing of the present writ petiton he slated briefly as under : The petitioner is a private limited company which is registered under the Companies Act. According to the petitioner company, it has made all arrangements on its own for removal of rubbish, filth and carcasses of animals from the factory premises and precincts. So claiming it made an applications the Municipality seeking exemption from the payment of scavenging tax as provided under Section 88(4) of the Act. The Council of the Municipality acting on the said representation of the petitioner company passed resolution No. 255 dated 30-6-1980 ex...
Tag this Judgment!Ushodaya Publications Private Ltd. Vs. Smt. M. Ramanamma and ors.
Court: Andhra Pradesh
Decided on: Apr-29-1997
Reported in: AIR1998AP13; 1997(3)ALT362
Y. Bhaskar Rao, J. 1. Writ Appeal No. 454 of 1989 is directed against the judgment of the learned single Judge allowing the Writ Petition No. 10270 of 1985 filed by the 1st respondent and quashing the orders of the Government in G.O. (RT) No. 1062, M.A. dated 30-12-83 and the orders issued in Memorandum No. 103/M1/ 84-1, M.A. dated 16-1-1984.2. Respondent No. 1 herein filed the Writ Petition No. 10270 of 1995 for a Writ of Mandamus declaring the action of the Government of Andhra Pradesh -- 2nd respondent herein -- in granting relaxation of Zoning Regulations, 1981, in favour of the appellant enabling the appellant to take up construction of certain additions at ground floor and also to take up new constructions i.e. construction of 2nd to 5th floors over the existing ground and 1st floors or to erect plant and machinery at premises No. 63-570 (Eeenadu Compound), Somajiguda, Hyderabad, in G.O. Ms. No. 1062, M.A. dated 30-12-1983 and in deleting Condition No. 3 in para 2 of G.O. Rt. No....
Tag this Judgment!Gatlameedi Pothanna and Others Vs. Divisional Forest Officer, Nirmal, ...
Court: Andhra Pradesh
Decided on: Apr-29-1997
Reported in: 1998(3)ALD716; 1998(3)ALT660
ORDER1. This writ petition is filed for a writ of mandamus or any other appropriate writ or order directing the respondent to return/ release the Bank guarantee of Rs.70,800/- and Rs.1,08,000/- of State Bank of India, Nirmal and also directing the respondent to return the security deposit of Rs.3,000/- and Rs.40,000/-deposited by the petitioners through their GPA Holder.2. In the affidavit, the petitioners stated that they are the owners and pattadars of the land bearing Sy. Nos.1,2,3 and 4 situated inLonkapadu village of Mamada Mandal and the lands are classified as 'Agricultural Dry Patta Lands' as per the proceedings of the Divisional Forest Officer, Nirmal in No.B/ 853/91, dated 11-10-1991. When the petitioners applied for permission for felling the trees, existing in the said land bearing Sy. Nos.1 to 4, the Conservator of Forest, Adilabad Circle vide order dated 17-6-1992 accorded permission to fell the trees in the said land covering an extent of Ac.30.45 cents with certain cond...
Tag this Judgment!K. Seetha Lakshmi Vs. Andhra University, Visakhapatnam and Others
Court: Andhra Pradesh
Decided on: Apr-29-1997
Reported in: 1998(5)ALD4
ORDER1. This Writ Petition is filed to declare the selection process initiated for the appointment to the post of Reader in Hindi in Andhra University as illegal and arbitrary and for a consequential direction to re-advertise the post by ignoring the interviews held on 5-7-1989.2. The facts leading to the case are that the petitioner was working as Lecturer in Hindi in Andhra University. While so, a notification was issued on 25-10-1988 inviting applications in the prescribed form for various posts. We are concerned in the writ petition with the posts earmarked in the Department of Hindi wherein applications were called for filling up of post of one Professor, one Reader and three Lecturers. In response to the said advertisement for Reader's post, the petitioner and other eligible lecturers including Respondent No.4 made applications. The petitioner having come to know that Respondent No.4 was shown at Sl.No.1 in the Select Panel and the petitioner at Sl.No.2, this Writ Petition is fif...
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