Andhra Pradesh Court September 1997 Judgments
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M. Janakiramaiah Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-30-1997
Reported in: 1998(2)ALD319
ORDERV. BHASKARA RAO, J 1. An octogenerian pensioner has knocked at the door of the High Court under Article 226 of the Constitution of India seeking directions to the State of Andhra Pradesh and the Engineer-in-Chief (Administration Wing) R&B; Department to settle his pension and gratuity after refixing his pay in the promotional post pursuant to the judgment of Andhra Pradesh Administrative Tribunal and to pay the arrears with interest.2. The petitioner was first appointed in the erstwhile State of Hyderabad as III Grade Clerk on 28.7.1938 and promoted as a Divisional Accountant on 31.10.1956. The post of Divisional Accountant was, however, abolished on 1.5,1957 and accordingly the petitioner was reverted. Though he was entitled for promotion as Superintendent in the year l958, he was dented the same. While so he was transferred to Delhi and posted as U.D. Accountant in the A.P. Guest Houseon 3.6.1966 and on attaining superannuation on 7.3.1970 he retired from service.3. The grievanc...
K. Suryaprakash Vs. Assistant Secretary, Regional Transport Authority, ...
Court: Andhra Pradesh
Decided on: Sep-30-1997
Reported in: 1998(3)ALD647; 1997(6)ALT364
ORDERSyed Shah Mohammed Quadri, J.1. The short question that arises for consideration in these cases is, whether the petitioners can be made liable to pay quarterly motor vehicle tax in respect of a vehicle which is said to have drawn dicscl from the Hindusthan Machines Tools Limited (for short 'HMT') or other statutory Corporations on specified dates in the quarter. We shall refer to the facts in Writ Petition No. 12996 of 1996 which is representative of the facts in other cases.2. The first respondent-the Assistant Secretary, Regional Transport Authority, Hyderabad South Zone, Hyderabad, issued a show cause notice to the petitioner indicating the dates on which the vehicle of the petitioner with Registration No.AP.12-T.5054, was supplied diesel from the factory and noting that on verification of the temporary register and DCBs, he came to the conclusion, prima facie, that the vehicle was plied without permit and payment of tax on those dates; the petitioner was asked to explain why t...
Barakati Veerabhadra Rao and ors. and Kota Appa Rao @ Nalla and anr. V ...
Court: Andhra Pradesh
Decided on: Sep-30-1997
Reported in: 1997(6)ALT313
Ramesh Madhav Bapat, J.1. Initially Accused Nos. 1 to 10 were tried by the III Additional Sessions Judge, Kakinada, East Godavari District in Sessions Case No. 54 of 1995 on different charges. The first charge against Accused Nos. 1 to 10 was for an offence punishable under Section 148 I.P.C. The 2nd charge only against A-2 was for an offence punishable under Section 302 I.P.C. The 3rd charge only against A-2 was for an offence punishable under Section 324 r/w. Section 149 I.P.C. The 4th charge against A-1, A-3 to A-10 was for an offence punishable under Section 302 r/w Section 149 I.P.C. The 5th charge againstA-1 to A-10 was for an offence punishable under Section 427 I.P.C. The 6th charge against A-1 only was for an offence punishable under Section 324 I.P.C. The 7th charge against A-3 was for an offence punishable under Section 324 I.P.C. The 8th charge against A-4 was for an offence punishable under Section 324 I.P.C. The 9th charge against A-5 was for an offence punishable under S...
Shaik Mohammed Vs. Mohd. Mahmood Ali
Court: Andhra Pradesh
Decided on: Sep-30-1997
Reported in: 1997(6)ALT792
D.H. Nasir, J.1. This Revision petition is directed against the judgment and decree dated 8-6-1995 passed in R. A.No.214 of 1993 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad.2. By an order passed in R.C. No. 207 of 1988 on 29-4-1993, the learned III Additional Rent Controller Hyderabad (for short, the learned Rent Controller) permitted the tenant (Respondent in this C.R.P.) to deposit the rent due in respect of the suit premises bearing D.No. 11-4-402, Bazar Ghat, Hyderabad, under Section 9(1) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Rent Act'). For the sake of convenience, the petitioner in the present C.R.P. shall be referred to as the landlord and. the respondent shall be referred to as the tenant.3. The tenant's case is that the landlord did not furnish his address to enable him to pay the rent from month to month in spite of repeated requests. He claims to be the tenant of the suit premises for over twenty ...
Putta Mangayamma and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-30-1997
Reported in: 1998(4)ALD379; 1997(6)ALT86
ORDER1. The petitioners herein were aggrieved by the order passed by the Land Reforms Appellate Tribunal-cum-First Additional District Judge, Visakhapatnam in L.R.A.No.6 of 1993 which arises out of L.C.C.No. 1434/75/YLM decided by the Land Reforms Tribunal-cum-Revenue Divisional Officer, Narsipatnam wherein the first petitioner herein was directed to file her declaration under Section 18 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973.2. The facts leading to this case can briefly be narrated as follows : That the first petitioner herein is the mother of petitioners 2 to 4 herein. The petitioners herein were holding land to certain extent. The father of the first petitioner was also holding land to certain extent. After coming into force the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 on 1-1-1975, both the parties i.e., the husband of the 1st petitioner herein and the father of the 1st petitioner herein, filed declarations under Section...
Kalyani Industries, Golapur (V) Hanamkonda Mandal, Warangal Dist. Vs. ...
Court: Andhra Pradesh
Decided on: Sep-29-1997
Reported in: 1998(1)ALD505
ORDER1. The petitioner is the author of all these three petitions. They involve common questions of law and facts. The Andhra Pradesh Pollution Control Board (for short 'Board') is the 3rd respondent in WP No.4501/95, and 1st respondent in WP 118/ 96. The General Manager, District Industries Centre, Warangal is the 1st respondent in WP No.4501/95. The Vice Chairman, Kakatiya Urban Development Authority, Warangal is the 1st respondent in WP No.7700/95. The Superintending Engineer, A.P. State Electricity Board, Warangal is the 2nd respondent in WP No.7700/95 and WP 118/96. The Gopalpur Gram Panchayat is the 2nd respondent in WP No.4501/95 and 3rd respondent in WP 118/96. The RevenueDivisional Officer, Warangal, is 4th respondent. The Environmental Engineer, A.P. Pollution Control Board, Regional Office, Warangal is 5th respondent, respondents 6 to 14 are private individuals and respondent No. 15 is the Executive Officer, Gram Panchayat, Gopalpur in WP No.4501/95.2. The facts and circumst...
Rayalaseema Roller Flour Mills, Cuddapah Vs. A.P. State Electricity Bo ...
Court: Andhra Pradesh
Decided on: Sep-29-1997
Reported in: 1998(1)ALD543; 1997(6)ALT254
ORDERP. Venkatarama Reddi, J.1. The petitioners are all High Tension Consumers of electricity, drawing power from A.P. State Electricity Board (hereinafter referred to as 'Board' or 'APSEB') for their industries. They challenge the demands raised or collections made by APSEB in the years 1990 and 1991 towards additional charges for the belated clearance of the energy bills. It appears that this additional charge is also known as 'surcharge for late payment'. The additional charge or surcharge is payable under clause 32.2.1 of the Terms and Conditions of Supply of Electrical Energy framed by the Board under Section 49 of the Electricity (Supply) Act. The clause reads as follows :'Bills shall be paid by the High Tension Consumers within fifteen days and by low tension consumers wilhin thirty' days from the date of the bill failing which the consumer shall be liable to pay an additional charge of 2% per month or part thereof for the period of delay on the amount of the bill, subject to mi...
S. Rama Rathnamma and ors. Vs. G. Lavanyavathi
Court: Andhra Pradesh
Decided on: Sep-29-1997
Reported in: 1998(2)ALD518
1. This appeal is directed against the judgment and decree of the Principal Subordinate Judge, Srikakulam, inA.S.No.49 of 1986, whereby the decree of dismissal of the suit for permanent injunction in O.S.No.471 of 1981 has been reversed.2. The plaintiff instituted a suit for permanent injunction against the defendants alleging that in family partition, amongst others, the land bearing Survey No. 196/2, area 49 cents (for short 'the suit land') had fallen to the share of late Suri while his brother, B.. Ramulu -DW3 - was allotted the other lands including 'Relugaddi' admeasuring 50 cents. After the death of Suri, his share including the suit land had devolved on his son, B, Venkataramana - PW3 B. Venkataramana-PW3, had sold the suit land to the plaintiff through registered sale deed, Ex.Al, dated 30-3-1981. The plaintiff has raised coconut crops in the suit land. The defendants also wanted to purchase the suit land, but having failed to do so, had started threatening the plaintiff to di...
Bheemineni Rajamma Vs. Gadipathi Krishnama Naidu and ors.
Court: Andhra Pradesh
Decided on: Sep-29-1997
Reported in: 1998(3)ALT189
C.V.N. Sastri, J.1. The unsuccessful plaintiff is the appellant in this appeal. She filed the suit for partition claiming a half share in the suit properties which belonged to her deceased father Venkata Swamy Naidu who died intestate in the year 1971-72 leaving behind him surviving the plaintiff and the first defendant who is the son of the pre-deceased son of Venkata Swamy Naidu as his nearest legal heirs. The suit was initially filed against the first defendant only. Subsequently the mother and three sisters of the first defendant were impleaded as defendants 2 to 5 in the suit as they are also necessary parties. According to the plaintiff the suit properties are self acquired properties of her father in which she became entitled to half share on the death of her father and the defendants are entitled to the remaining half share. The first defendant filed a written statement, which was adopted by defendants 2 to 5, contending that the suit properties are ancestral joint family prope...
Challa Lakshminarayana and anr. Vs. Principal Subordinate Judge and or ...
Court: Andhra Pradesh
Decided on: Sep-29-1997
Reported in: 1997(6)ALT814
T.N.C. Rangarajan, J.1. This writ petition is directed against the order of the Principal Subordinate Judge, Srikakulam holding that the Election Petition filed by the petitioner was not maintainable.2. The Municipal Council of the Srikakulam Municipality had to co-opt two Councillors under Section 5 (v) of the A.P. Municipalities Act among the persons having special knowledge or experience in municipal administration. The 5th respondent published a notification on 1-4-1995 calling for applications. The petitioner as well as 11 others filed applications for being co-opted as Municipal Councillors. The first (sic. second) respondent scrutinised the applications and found that only five of them were qualified and placed the particulars of those five candidates including the petitioner before the Council. The notice and the agenda for the meeting scheduled to take place on 22-4-1995 was accompanied by an office note dated 10-4-1995 giving full details of all the applicants. At the meeting...
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