Andhra Pradesh Court April 1997 Judgments
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Sanga Sankarappa Vs. the Chief Secretary, Government of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Apr-28-1997
Reported in: 1997(1)ALD(Cri)945; 1998CriLJ235
Syed Shah Mohammed Quadri, J.1. Jodduguru Reddyari Rami Reddy (detenu) was ordered to be detained by the order of the Collector and District Magistrate, Anantapur, in C.C. (C1) 108/97 dated : 16-1-1997 passed under section 3(1) and (2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 (for short Act 1 of 1986). The said detenu was arrested on 17-1-1997 and lodged in District Jail, Secunderabad. The order of detention is attacked by the Petitioner on the ground that the instances given in the grounds of detention relate to law-and-order and not to public order. 2. Sri C. Padmanabha Reddy, the learned senior Counsel appearing for the petitioner, contends that both the grounds mentioned in support of the order of detention are matters of law-and-order and not that of public order and, therefore, the order of detention has to be quashed. 3. Ms. Vijayalaxmi, the learned Government ...
Asst. Commissioner, Endowments and anr. Vs. Sri Yellapu Narasaiah Anna ...
Court: Andhra Pradesh
Decided on: Apr-28-1997
Reported in: 1997(4)ALT50
ORDERRamesh Madhav Bapat, J.1. This appeal is filed by the Assistant Commissioner, Endowments, Rajahmundry aggrieved by the judgment and decree passed in O.S. No. 57 of 1981 filed by the respondent herein.2. It is necessary to know the little background of the litigation. One Sri Yellapu Narasaiah had created a trust bequeathing certain properties and created a trust in the name of Sri Yellapu Narasaiah Annasatram in the year 1929 for the purpose of feeding Brahmins as well as the bona fide travellers who visited the said place and also to provide the house-sites to the poor persons.3. The trust was being managed by the members of the family of Yellapu Narasaiah till the year 1975 which was taken over by the Endowments Department being as a public trust.4. Aggrieved by the aforesaid order the son of the original settler filed O. A. No. 2 of 1977 before the Deputy Commissioner, Endowments, Kakinada Under Section 77 of the A.P. Charitable and Hindu Religious Institutions and Endowments A...
Zaibunnisa Begum Vs. State of A.P. Rep. by the Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-28-1997
Reported in: 1997(4)ALT659
P. Ramakrishnam Raju, J.1. Plaintiff No. 5 is the appellant. Originally O.S. No. 27 of 1962 was filed by one Syed Afzal Hussain Abidi for declaration of his title to the suit land admeasuring Ac. 9-00 situated in Survey No. 162 of Mallepally village, Hyderabad, and for recovery of possession, or in the alternative, for compensation and mesne profits. The said plaintiff died pending the suit and his legal representatives- plaintiff Nos. 1 to 4, were brought on record. The suit was dismissed for default. However, defendant No. 3-Zaibunnisa Begum, got transposed herself as plaintiff No. 5 and prosecuted the suit.2. The case of the original plaintiff is that one Smt. Zohra Begum was the pattedar of the land in Survey No. 162 having been declared as such under a consent decree in Case No. 83/1 of 1952 F. between herself and Yousuf Ali Mirza and others on 15-1-1951, and he obtained the said land from her under a perpetual registered lease deed dated 8-9-1952. After obtaining the land on leas...
Mahipala Venkanna Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-28-1997
Reported in: 1998(5)ALD281; 1998(6)ALT218
ORDER1. The 3rd respondent issued an auction notice dated 8-2-1997 inviting tenders from the bidders for awarding contract for collecting rentals of the shops belonging to R5 Municipality for the period from 1-4-97 to 31-3-98. The said auction was scheduled to be held on 13-3-97. In pursuance of the said notification the petitioner participated in the auction along with others and became the highest bidder of Rs. 6,17,200/-. The auction was confirmed in favour of the petitioner on 13-3-1997 by the 3rd respondent. While the matter stood thus, the impugned auction notice dated 22-3-97 was issued by the 3rd respondent for re-auction of the same rights, namely collection of rentals, which was already confirmed in favour of the petitioner in the earlier auction. Questioning the said auction notice the petitioner approached this Court by way of this writ petition under Article 226 of the Constitution, seeking for writ of Mandamus.2. It is contended by the learned Counsel for the Petitioner t...
K.V. Srimannarayana Vs. Registrar, (Administration), High Court of And ...
Court: Andhra Pradesh
Decided on: Apr-28-1997
Reported in: 1997(3)ALT814
S. Parvatha Rao, J.1. The petitioner seeks a Writ of Certiorari for quashing the order of the 2nd respondent i.e., the District judge, West Godavari District at Eluru, in his proceedings Dis. No. 9926 dated 31-10-1996 imposing the punishment of compulsory retirement on him as confirmed by the High Court of Andhra Pradesh and communicated by the 1st respondent i.e., the Registrar (Administration), High Court of Andhra Pradesh, in Proceedings No. 590/96,C.II/1 dated 3-2-1997 as bad, illegal, arbitrary, excessive and offending Articles 14, 16, 19 and 21 of the Constitution of India.2. Mr. J. Venugopala Rao, the learned Counsel appearing for the petitioner, confines the attack to the punishment of compulsory retirement imposed on the petitioner and submits that the punishment imposed is wholly disproportionate to the charges found against the petitioner. The learned counsel submits that the petitioner had put in 30 years of service and he had 8 more years to go, that this was only the soli...
Balaka Baburao Vs. Balaka Ramanamma and ors.
Court: Andhra Pradesh
Decided on: Apr-25-1997
Reported in: 1997(2)ALD(Cri)383
V. Bhaskara Rao, J.1. The question referred to us for an authoritative pronouncement is whether the service of notice has to be effected only in accordance with the procedure under Chapter VI of the Code of Criminal Procedure for the purpose of passing an ex parte order under the proviso to sub-section (2) of Section 126 of the Code; if so, whether the ex parte order passed under the said proviso on the basis of service by registered post or by any other mode was liable to be set aside. 2. The facts and circumstances giving rise to this Reference in brief are : Respondent No. 1 is the wife and respondents 2 and 3 are minor children of the revision petitioner who is working as a Constable in R.P.F. (Corp. No. 3409) at Jagdalpur, Madhya Pradesh. The respondents filed a petition under Section 125 of the Code of Criminal Procedure seeking maintenance as MC. No. 1/1990 on the file of Judicial First Class Magistrate, Palasa. It was dismissed on the ground that the parties entered into a comp...
Ch. Subrahmanyam Vs. State Transport Authority
Court: Andhra Pradesh
Decided on: Apr-25-1997
Reported in: 1997(4)ALT739
B.S.A. Swamy, J.1. Aggrieved by the inaction of the State Transport Authority in considering the application of the petitioner dated 9-7-1994 for revision of timings on the inter-State fair weather route Kalyanasingapuram to Narayanapatnam viz., Rayagada and Parvathipuram, in spite of orders of this Court in W.P. No. 21211/94, dated 7-12-1994 directing the respondent to dispose of the application filed by the petitioner on or before 31-1-1995, the present writ petition is filed.2. Learned Government Pleader, Transport was directed to get instructions in the matter. Now the learned Government Pleader informed the Court that the decision could not be taken in the previous meeting and the same is included in the agenda for the next meeting. But at the same time she is not able to say when the previous meeting was held and when the ensuing meeting is going to be held. On the other hand, the learned Counsel for the petitioner brought to my notice that the meeting has taken place on the last...
Sundari Dharmanna Vs. Narsu Bai and anr.
Court: Andhra Pradesh
Decided on: Apr-25-1997
Reported in: 1997(4)ALT803
D.H. Nasir, J.1. This appeal arises from the judgment and preliminary decree dated 31-8-1984 in O.S. No. 51 of 1981 on the file of the Court of the District Judge at Adilabad.2. By the impugned judgment, the learned District Judge held that the female sharers were not entitled to force the partition of joint family properties and that the houses in the suit schedule were ancestral properties. They could be partitioned only at the choice of the defendant who was the sole male heir. The learned Judge further held that the plaintiffs 1 and 2 were entitled to 1/4th share each in the lands, houses and the movebles and directed a preliminary decree to be prepared accordingly.3. The appellant before this Court who was defendant in O.S.51/81 has challenged the same by this appeal on several grounds such as -(1) Sy. No. 5/A of the schedule ought to have been held as the self acquired property of the defendant appellant and not liable for partition;(2) According to Pahanis A-1 to A-4, the land i...
Custodian-cum-deputy Commissioner of Endowments, Sri Swamy Hathiramji ...
Court: Andhra Pradesh
Decided on: Apr-24-1997
Reported in: 1999(4)ALD155; 1999(4)ALT553
ORDERN.Y. HANUMANTHAPPA, J.1. The Custodian-cum-Deputy Commissioner of Endowments, Sri Swami Hathiramji Mutt, Tirupathi, Chittoor District, is the petitioner in both the writ petitions. Since both the writ petitions raise common questions for resolution, they are disposed of by this common judgment.2. Sri Swamy Hathiramji Mutt, Tirupathi, Chittoor District is the owner of Ac.15.63 cents of land in Sy. No.57/3 situated at Tirupathi. By these writ petitions, the petitioner is seeking an appropriate writ order or direction more particularly in the nature of a writ of mandamus declaring the action of the respondents 1 to 3 in acquiring the land in Sy. No.57/3 in an extent of Ac. 15.63 cents at Tirupathi without following the procedure laid down under the Land Acquisition Act and without payment of just compensation and further allowing respondents 4 to 12 in encroaching the land in Sy. No,57/3 in an extent of Ac.15.63 cents belonging to the petitioner (Mutt) without any manner of right or ...
Chandaram Mahalakshmi Naidu and ors. Vs. Dadi Venkata Nookaraju
Court: Andhra Pradesh
Decided on: Apr-23-1997
Reported in: 1997(4)ALT37
G. Bikshapathy, J.1. The Appellants are the Defendants in the Suit. They are assailing the judgment and decree of the learned III Additional Judge, Visakhapatnam in A.S.No. 4 of 1979, dated 30-9-1988 reversing the judgment and decree of the Principal District Munsif, Anakapalle in O.S.No. 444/76. For the sake of convenience, the parties are referred to in this Second Appeal as they are arrayed in the suit.2. Plaintiff filed a Suit O.S.No. 444/76 on the file of the Additional District Munsif, Anakapalle for recovery of 0.92 cents of dry land and for profits of Rs. 900/- @Rs. 300/- per year and subsequently for interest and costs.3. The case of the Plaintiff was that the lands described in the suit schedule were purchased from the previous owners Sri Kakatala Suryam on 15-9-1989 under a Registered sale deed. Since then he has been in possession and enjoyment of the suit land and the Defendants attempted to trespass into the land. He made a complaint to the police and thereafter he filed ...
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