Andhra Pradesh Court April 1997 Judgments
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A. Pydikonda Vs. Chief Mechanical Engineer, Vishakhapatnam Port Trust
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1998(1)ALD91
ORDER1. These two writ petitions are inter-connected and they relate to the appointment of one Appala Raju as Asst. Foreman (General) in the Visakhapatnam Port Trust, Visakhapatnam, and they can be disposed of by a common judgment.2. A Pydikonda, the petitioner in both the writ petitions was working as Asst. Foreman (General) on adhoc basis from 05-01-1994 and the Selection Committee constituted by the respondents for the purpose of filling up the vacancy on regular basis by promotion interviewed the petitioner and another on 14-06-1994. But, without publishing the results of the interview held on 14-06-1994, the respondents constituted another selection committee by its proceedings dated 24-11-1994 and called about five persons for interview including the petitioner, who appeared for the interview on 14-06-1994 at 2:30 p.m. on 28-01-1995. The petitioner having appeared for the interview and having suspected that the respondents are likely to appoint some other person filed the Writ Pe...
K. Ganga Raju and Others Vs. Gram Panchayat Board and Others
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: AIR1997AP339; 1997(3)ALT678
ORDERY. Bhaskar Rao, J. 1. This writ appeal is filed assailing the judgment of the learned single Judge dismissing W. P. No. 4565 of 1989 dated 27-4-1995.2. The facts of the case are that the appellants herein are licensees of the coconut trees in a Gram Panchayat Poramboke situated in Relangi village. They used to pay Re. 1/- per tree per annum in the year 1964. Thereafter, the same was increased to Rs. 2/- in the year 1970 and Rs. 7/- in the year 1981 and Rs. 10/- in the year 1984 and again increased to Rs. 20/- in the year 1985 vide Gram Panchayat's Resolution No. 153 dated 29-11-l988. The same was questioned in the writ petition.3. Ii was contended in the writ petition that the amount levied is 'fee' but not 'tax' and hence cannot be enhanced unless there is quid pro quo. If it is a tax, the Panchayat has no power to levy tax for grant of licence. There are no guidelines framed for the enhancement of the tax. Therefore, the same is arbitrary.4. The learned single Judge held that th...
Chintakrindi Venkateswarlu Vs. Head Constable 6th Town Police Station, ...
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1997(2)ALD(Cri)120; 1997(3)ALT47; 1997(2)APLJ372; 1997CriLJ3319
Y. Bhaskara Rao, J. 1. A telegram dated 15-2-1977 sent to the Honourable the Chief Justice of this Court by one Chintakrindi Venkateswarlu, Guntur alleging that his son by name Hemanth, an intermediate student was kidnapped by the Head Constable, VI Town Police Station, Crime Branch, Vijayawada by name Ramesh from his residence and his whereabouts were not known and that he is apprehending danger to his son's life was taken up as Writ Petition under Article 226 of the Constitution of India and notices were issued to the concerned. Pursuant to the notices issued, the Sub-Inspector of Police, VI Town Police Station, Vijayawada produced the alleged detenu Mr. Ch. Hemanth in this Court and this Court recorded his statement. The alleged detenu denied the factum of his kidnapping by the police. 2. The Sub-Inspector of Police, VI Town Police Station, Vijayawada also filed a counter affidavit stating that the alleged detenu Mr. Ch. Hemanth is not wanted in any case nor any case is pending agai...
Sri Nookalamma Temple Rep. by Its Executive Officer Vs. Kola Nancharam ...
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1997(4)ALT22
D.H. Nasir, J.1. This is a case in which the respondent-plaintiff is claiming archaka of Sri Nukalammavari temple, situated in Market Street, Kakinada for more than 25 years on the ground that her mother Chokka Pydamma was also the archaka of the same temple, and that before her mother, her grandmother Ambai Nookamma was the archaka, and prior to that Mosa Venkayamma, the mother of Ambai Nookamma was the archaka. She is also trying to assert that they were performing rites in the temple as hereditary archakas and were enjoying the offerings, according to the prevalent custom for generations as archakas.2. Hereditary archaka has been deplored by the Apex Court in the case of A.S. Narayana Deekshitulu v. State of Andhra Pradesh, : [1996]3SCR543 (D.N.) in which the Supreme Court observed that the services of the priest (archaka) is a secular part. The right to perform religious service has appointment by the owner of the temple or king as its source, and their Legislature is competent to ...
K. Anil Kumar Vs. Govt. of A.P., Rep. by Its Secretary for Education a ...
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1997(4)ALT69
D.H. Nasir, J.1. The writ petitioner was offered payment seat in Electrical and Electronics Engineering in Kakatiya Institute of Technology and Science, at Warangal. Subsequently, the 2nd respondent (Convenor, EAMCET-95, J.N.T. University, Hyderabad) issued another Notification for commencing 2nd, 3rd and 4th phase admissions for which candidates in 'OC' category from rank 3501 in all local areas were called for interview. Free seats were offered to the candidates and even those candidates who, according to the petitioner, secured lower ranks were given the advantage of free seats. The 2nd respondent's action in denying free seat to the petitioner and allotting free seats to the candidates who were subsequently admitted is called in question in this Writ Petition.2. According to the petitioner, the 2nd respondent ought to have included in the subsequent phases, the candidates who were offered payment seats in the Engineering Colleges and by not doing so, the 2nd respondent committed an...
B. Suresh Vs. Dist. Collector and anr.
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1997(4)ALT481
ORDERB. Subhashan Reddy, J.1. This batch of writ petitions raises an important point for consideration as to whether a notice is necessary before bifurcating the fair-price shops held by the petitioners. The petitioners hold authorisations to run the fair-price shops and specified number of cards are attached to their respective fair-price shops. The Government has framed guidelines for creating or bifurcating fair-price shops and one of the considerations is the population being minimum of 1650 persons for one shop. The Government also formulated a policy that each and every village should have separate fair-price shop, as hitherto, there was one fair-price shop for more than one village. Another guideline is that the fair-price shop should be within a distance of 1 k.m from the residences of the cardholders. May be, there are special circumstances for consideration as to whether a separate shop to Harijan Basthi in the village has to be setup. In so far as tribal areas are concerned,...
iruvanti Gopinatha Rao (Died) and ors. (L.Rs. ) Vs. Vadlapudi Narayana ...
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1997(2)ALT785
Ramesh Madhav Bapat, J.1. The 1st appellant herein named iruvanti Gopinatha Rao was the plaintiff in O.S. No. 12 of 1989 filed by him in the Court of the Subordinate judge, Sathupally, Khammam District against the defendants-respondents herein. The suit was filed by the plaintiff for declaration that he is the owner and possessor of Ac. 26-17 guntas of dry land situated in Sy. Nos. 404, 405 and 406 at Rayudupalem village, Hamlet of Ammapalem, erstwhile Sathupalli Taluk of Khammam District, which is the suit schedule property. On evidence, the learned Subordinate Judge dismissed the suit of the plaintiff. Aggrieved by the aforesaid judgment and decree, the first appellant-plaintiff carried the matter in appeal by filing A.S.No. 39 of 1992 in the Court of the Additional District Judge, Khammam. The learned Judge dismissed the appeal filed by the plaintiff-appellant herein, confirming the judgment and decree passed by the trial Court. Aggrieved by the judgment and decree of the first Appe...
Centenary Methodist Church, Rep. by Its Chairman Vs. M. Manohar
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1997(3)ALT413
ORDERP. Venkatarama Reddi, J.1. This Civil Revision Petition is filed against the order passed by the Chief Judge, City Civil Court confirming the order of III Assistant Judge granting temporary injunction in favour of the respondent-plaintiff pending the disposal of the suit.2. The respondent herein filed a suit for permanent injunction restraining the defendant-Church (petitioner herein) from interfering with his possession and enjoyment of the suit schedule premises. The Case of the respondent is that in consideration of the services rendered by him to the Christian children, he was permitted by the Church authorities to occupy the cellar portion of three rooms which is part of the Church building complex. He states that he has been occupying the suit premises for more than twelve years. The respondent alleges that on 27-1-1994, the defendant threatened the family members of the respondent of dire consequences if the premises was not vacated by 31-1-1994. This was followed by furthe...
Koyya Veeraju and Others Vs. Mandal Revenue Officer, Gollaprolu, E.G. ...
Court: Andhra Pradesh
Decided on: Apr-19-1997
Reported in: 1998(6)ALD594; 1998(1)ALT25
ORDERN.Y. Hanumanthappa, J.1. Subject-matter involved in these two writ petitions is common and parties are also common. As such both the petitions are clubbed together and disposed of by a common order.2. WP No.3030 of 1989 is filed seeking for the relief that a Writ of Mandamus be granted declaring the action of the respondents as illegal and farther direct them to mutate the names of the petitioners in revenue records as per the Ryotwari Patta Certificate issued under Section 11(a)oftheActXXVIof 1948 issued by the Settlement Officer, Visakhapatnam in RP No-275 of 1962 dated 30-4-1963 and to grant such other relief.3. Relief sought in WP No.13648 of 1991 is to issue Writ of Certiorari to quash the show-cause notice issued by the Director of Settlements, Andhra Pradesh, Hyderabad in R.P.No. 159/91, dated 12-8-1991 and further to declare his action in suo mutu exercising the power under Section 5(2) of the Act 26 of 1948 after a lapse of 28 years against the orders of the Settlement Of...
Mutharaju Satyanarayan Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-17-1997
Reported in: 1997(2)ALD(Cri)142
Y. Bhaskar Rao, J. 1. This petitions is filed to issue a writ of Mandamus declaring the action of the first respondent herein in directing the Special Inspector-General of Police, C.B.C.I.D., to launch prosecution against the petitioner and consequently to declare P.R.C. No. 18 of 1989 on the file of the II Additional Munsif Magistrate, Chirala as illegal and void. 2. The brief facts of the case are that one Angadi Prabhakara Rao was a wanted criminal against whom three non-bailable warrants were pending execution. On 26-4-1985 the petitioner and some others having found him at a Beedi shop chased and caught hold of him. When he resisted and tried to escape, the Head Constable and Home Guard over-powered him and during that scuffle he received some injuries. Thereafter, he was taken to police station and was confined in lock-up at 9 p.m., on 26-4-1985. On 27-4-1985 he was found dead in police station. The Government of Andhra Pradesh issued G.O. Ms. No. 441, General Administration (Gen...
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