Andhra Pradesh Court September 1997 Judgments
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Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, Rep. by Its ...
Court: Andhra Pradesh
Decided on: Sep-16-1997
Reported in: 1997(6)ALT118
ORDERP. Venkatarama Reddi, J.1. In this writ petition, the demand of house-tax by the Jayanathipuram Gram Panchayat (respondent No. 3) is sought to be resisted by the writ petitioner (Rashtriya Ispat Nigam Limited) from the stand point of Article 285(1) of the Constitution of India. An amount of Rs. 24,149/- was demanded towards the house-tax on the petitioner's buildings at Jaggayyapet Limestone Mine Township for the year 1989-90. This has led to the filing of the present writ petition.2. The house-tax is leviable by the Gram Panchayat under Sections 69 and 70 of the A.P. Gram Panchayats Act, 1964, (hereinafter referred to as the 'Act') read with the Rules contained in Schedule II of the Act. Under the new A.P.Panchayat Raj Act, 1994, the corresponding provisions are Sections 60 and 61. Section 70 of the Act lays down that the house-tax may be levied on all the houses in the village either on the basis of annual rental value or capital value or such other basis as may be prescribed. A...
Hasmath Bee Alias Mehrum Bee and anr. Vs. Mrs. Khatija and ors.
Court: Andhra Pradesh
Decided on: Sep-16-1997
Reported in: 1997(6)ALT809
Krishna Saran Shrivastav, J.1. The plaintiffs are the appellants.2. It is no longer in dispute before me that one Khader Basha had legally married the first plaintiff and the 2nd plaintiff is his daughter. He also legally married the first defendant and the defendants 2 and 3 are his children. On 16-11-1969 he had executed a registered gift deed in favour of the first defendant which is at Ex.B-2. Through this registered gift deed Ex.B-2 he had gifted the plaint 'B' schedule property which is a residential house. The defendants are staying in the suit house. The said Khader Basha died in the year 1972. The plaintiffs filed suit for declaration of their title and possession of the suit house alleging that the plaintiff No. 1 is the widow while the plaintiff No. 2 is the daughter of the deceased Khader Basha and they are the only legal heirs who have inherited the suit house because the defendant No. 1 was the concubine of late Khader Basha and the remaining defendants are his illegitima...
K. Rama Brahmam Vs. Central Board of Film Certification, Rep. by Its D ...
Court: Andhra Pradesh
Decided on: Sep-16-1997
Reported in: 1997(5)ALT401
ORDERM.H.S. Ansari, J.1. Heard Sri S.R. Sanku, learned Counsel for the petitioner and Mr. P. Bhaskara Mohan, Addl. CGSC for Respondents 1 to 4.2. The petitioner is one of the Councillors in the Chilakaluripeta Municipality, Guntur District. He is arrayed as Accused No. 2 in C.C. No. 68 of 1997 on the file of VII Additional Munsif Magistrate, Guntur in Cr. No. 60 of 1997 and stands charged for offences Under Section 120-B, 381, 411, 420 read with 120-B IPC. The allegation against the petitioner is that he is one of the persons responsible for the leakage of Intermediate question paper for the Academic year March, 1997. The trial in the said case has not commenced yet. The petitioner claims innocence in respect of the charges levelled against him. Meanwhile, a film, titled 'Veedera Police' (in Telugu) produced by Respondent No. 7 was programmed for release on 30-8-1997 through out the State of Andhra Pradesh.3. According to the petitioner certain objectionable scenes pertaining to the pe...
Challa Rama Murthy Vs. Srirangam Lalitha and ors.
Court: Andhra Pradesh
Decided on: Sep-16-1997
Reported in: 1998(4)ALD388; 1997(6)ALT203
ORDER1. Heard.2. It is submitted by the learned Counsel for the petitioner that a suit for recovery ofRs. 13,750/- on the foot of the hand note against the legal heirs i.e. wife and minor children of the deceased, S. Venkateswamrao, has been filed by the petitioner. The respondents-defendants denied the execution of the hand note by the deceased. The evidence in the suit was concluded by the petitioner on 31st December, 1996, After conclusion of evidence, the petitioner has approached the Trial Court under Order 18 Rule 17A C.P.C. to examine the brother of the deceased. S. Janardhan who is acquainted with the handwriting and signature of the deceased to prove the disputed document.3. Order 18 Rule 17A - C.P.C. is to the following effect:'Where a Party satisfies the Court, that after the exercise of due diligence, any evidence was not within his knowledge or could not be produced by him at the time when that party was leading his evidence, the Court may permit that party to produce that...
A. Somalingam and ors. Vs. Government of Andhra Pradesh Rep. by Princi ...
Court: Andhra Pradesh
Decided on: Sep-16-1997
Reported in: 1997(5)ALT482
J. Chelameswar, J.1. Challenging the selection process of the District Selection Committee of Secondary Grade Teachers, the present batch of writ petitions are filed. The petitioners claim to be eligible candidates who are entitled to be considered for recruitment. They further allege that all of them belong to the Backward Community.2. The posts of Secondary Grade Teachers are attached to the schools maintained by the Government and also by the Zilla and Mandal Praja Parishads. To streamline the process of recruitment of teachers in the State, the Government of Andhra Pradesh made rules called Andhra Pradesh Direct Recruitment for Posts of Teachers (Scheme of Selection) Rules, 1994 in G.O.Ms. No. 221, Education, (Service III), dated 16-7-1994, by virtue of the power vested in it under the various enactments as mentioned in the said G.O.3. The Scheme of the said Rules is that the Rules apply to the various categories of teachers mentioned in the Annexure to the Rules.4. Writ Petition N...
Dr. M.V. Ramana Reddy Vs. Election Commission of India, Rep. by Its Se ...
Court: Andhra Pradesh
Decided on: Sep-16-1997
Reported in: 1998(1)ALT95
ORDERB. Subhashan Reddy, J.1. This writ petition was filed questioning the action of the 3rd respondent in not declaring that the petitioner is no more disqualified to contest in the elections as 6 years had elapsed from the date of conviction.2. The petitioner was Accused No. l in Sessions Case No. 120 of 1975 on the file of the Court of the Sessions Judge, Cuddapah and he was convicted for the offence punishable under Section 302 IPC and was sentenced to undergo life imprisonment. On appeal being preferred in Crl. Appeal No. 812 of 1976 to this Court, this Court by Judgment dated 13-2-1978 has acquitted the petitioner. The State had preferred appeal to the Supreme Court and pursuant to the order of the Supreme Court, the petitioner was rearrested on 19-1-1979. Then the petitioner had moved the Apex Court for bail and on 13-3-1979 he was released on bail. The petitioner had undergone jail imprisonment. The Supreme Court had partly allowed Crl. Appeal No. 7 of 1979 filed by the petitio...
Mohd. AliuddIn Ahmed and anr. Vs. General Manager, Nalgonda Ranga Redd ...
Court: Andhra Pradesh
Decided on: Sep-15-1997
Reported in: 1998(1)ALD414
ORDER1. The petitioners have questioned the action of the respondent in not allowing HRA and deducting the same from the salary of the petitioners in respect of Quarters said, to have been allotted to the petitioners even though they have not occupied the same.2. Before going into the merits of the contentions advanced by the petitioners insupport of the relief claimed in the above writ petition, the question as to maintainability of the writ petition has to be decided. The respondent, in the instant case, is Milk Producers Union, a Cooperative Society registered under the A.P. Cooperative Societies Act, 1964.3. A Division Bench of this court in Writ Appeal No. 1498 of 1995 considered a similar contention with regard to the maintainability of the writ petition in the light of the several tests laid down in the Full Bench decision in Sri Konaseema Cooperative Central Bank Limited v. V.N. Seelharama Raju, AIR 1990 AP 171 with regard to the question whether writ was maintainable even agai...
V. Parvateesam Vs. Hindustan Shipyard Ltd., a Govt. of India Undertaki ...
Court: Andhra Pradesh
Decided on: Sep-15-1997
Reported in: 1998(1)ALT691
S. Paravatha Rao, J.1. This is plaintiff's appeal against the judgment and decree of the learned Principal Subordinate Judge at Visakhapatnam dated 5-2-1990 dismissing his suit O.S. No. 225 of 1984 for recovery of a sum of Rs. 97, 275=08 Ps. from defendants 1 and 2 with subsequent interest at 12 per cent per annum claimed by him as due towards his salary from 1-5-1980 to 14-7-1983 etc., and for costs etc., the plaint was presented on 7-6-1984. Defendants 1 and 2 in the suit are respondents 1 and 2 respectively in this appeal.2. Before entering into the area of the conflict, the undisputed facts can be stated in brief. The 1st defendant/1st respondent herein is Hindustan Shipyard Limited, a Government of India undertaking, formed in 1955. It is having its Shipyard at Visakhapatnam. The 2nd defendant/ 2nd respondent herein is a society which was formed in May, 1959 and was registered under the 'Societies Registration Act, 1860'. They are referred to hereafter as 'the Shipyard' and 'the S...
Oriental Select Granites (P) Ltd. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-13-1997
Reported in: 1998(1)ALD528
ORDER1. In this writ petition, a writ of mandamus is sought declaring the action of the fourth respondent in seeking paymentof Rs.5,38,729/- through proceedings Lr.No.2678/Q1/92 daled 23-9-1996 as illegal and arbitrary and consequently a direction is also sought to the fourth respondent to execute the lease deed and issue work order in favour of the petitioner-company.2. To appreciate the issues raised in this writ petition, it is necessary to trace out few facts which led to filing of this writ petition.3. Petitioner-company was granted lease originally in the year 1982 for a period of five years for extraction of multi-colour granite in Survey No.406(P) of Veparla village, Rayadurg Mandal of Anantapur District. On expiry of the lease period by 12-12-1987, it was renewed for a further period of five years upto 12-12-1992. On 26-4-1990, the petitioner-company had surrendered the lease-hold area of Ac.36.45 out of Ac.48.45 and retained an extent of Ac.12,00 as lease-hold area.4. While s...
Y. Latchi Raju Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Sep-13-1997
Reported in: 1999(2)ALD126; 1998(1)ALT429
1. This civil revision petition is directed against the order of the Land Reforms Appellate Tribunal dated 29-4-1995 in LRA No.27 of 1995 confirming the orders of the Land Reforms Tribunal dated 25-3-1995 passed in LCCNo.432/MMD/75.2. The petitioner before us claims to be a tenant in the schedule property and subsequently, according to him, he purchased the same in 1978. The declarant who is the 3rd respondent, inspite of notice, did not submit any surrender proposals. The Tribunal, according to the petitioner, selected his land which was in his possession and enjoyment. The petitioner, therefore, submitted his objections, but the Tribunal did riot give any notice to the petitioner regarding the same. According to the petitioner, if notice was served upon him, he would have apprised the Tribunal of all the facts. But the Tribunal passed an order holding the land in possession of the petitioner to be the excess land. The petitioner filed an appeal against the said order in LRA No.27 of ...
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