Andhra Pradesh Court January 1999 Judgments

Vangara Subbaiah Vs. Attaluri Narasimha Rao and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD193a; 1999(1)ALD(Cri)451; 1999(1)ALT(Cri)617; 1999CriLJ1991

ORDER1. This revision is filed against the order passed by the Assistant Sessions Judge, Nuzvid in Crl.MP No.88 of 1996 in SC No.179 of 1994 permitting the Public Prosecutor to withdraw the prosecution in SC No. 179 of 1994. While the SC was pending, the Public Prosecutor filed a petition under Section 321 Cr.PC proposing to withdraw the case. Thereupon the learned Assistant Sessions Judge passed the following order:'Heard. Permitted. Destroy if any property after appeal time.'This order is challenged in this revision.2. The learned Counsel appearing for the petitioner submitted that the Public Prosecutor is the prime custodian to take a decision with regard to the withdrawal of the criminal case on the advise of the State. As per the Counsel the Public Prosecutor can take an independent decision and he should not be governed or directed by the executive authority. He also submitted that the Court cannot also act mechanically; it should apply its mind and take decision suitably whether...

inturi Venkaiah Vs. General Manager, P.D.C.C. Bank Ltd. and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. Heard the learned Counsel for the appellant. Counsel for the 1st respondent, Mrs. V. Lakshmi Kumari, is not present though she filed her appearance. 2. This is an appeal preferred by the un- successful complainant against the order of the Prakasam District Forum dismissing his O.P. No. 22/1996 by order dated 30.1.1997. The record of the District Forum is before us. The case of the complainant/appellant herein was that he applied to the opposite parties for loan for pisciculture purpose by digging a tank in his land. The 1st and 2nd opposite parties sanctioned loan of Rs. 1,15,000/- and out of which, according to the complainant, a sum of Rs. 15,000/- was paid to him on 15.1.1995 and Rs. 11,000/- was paid on 16.2.1995 by the 3rd opposite party. He also further stated in his complaint that by the end of May, 1995 he spent a sum of Rs. 40,000/- towards formation of tank bund in his land of an extent of Ac. 2.52 cents with the earth dug up in the same land an...

Toddy Tappers Co-operative Society, Kukatpally Vs. Government of A.P. ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD655; 1999(1)ALT725

ORDERY.V. Narayana, J.1. This writ petition is filed for issuance of a wit ofmandamus declaring the action of the respondents in establishing new toddy shops at Shamshiguda-Bagh Ameer and at New Kukatpally (KPHB) in Balanagar Mandal of Ranga Reddy District, as illegal, arbitrary and against the Excise Policy of the Government and also in violation of the provisions of A.P. Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969, and for a direction to the respondents 1 to 5 not to permit respondents 6 and 7 to carry on business in the said shops.2. The matter was earlier heard by a learned single Judge of this Court, who, by his Judgment dated 10-9-1996, allowed the writ petition. The said judgment was also reported in Toddy Tappers Co-operative Society v. Government of A.P., !996 (2) An.W.R. 549. But, on appeal by the respondents, a Division Bench of this Court, by Judgment dated 26-9-1996, in Writ Appeal Nos.1103, 1113 and 1115 of 1996, set aside the Judgment of the learned sing...

A. Amarender Rao and Others Vs. A.P.S.E.B., Hyderabad and Others

Court: Andhra Pradesh

Reported in: 1999(1)ALD638; 1999(1)ALT746

ORDERY.V. NARAYANA, J.1. In this batch of writ petitions, the petitioners challenge the validity of the proceedings issued by the Andhra Pradesh State Electricity Board (for short, 'the Board') in B.P. Ms. No.40, daled 3-9-1996, fixing different tariff rates for the energy supplied to the electric pump sets installed by the petitioners in their respective agricultural fields basing on the capacity of the pump set installed, as illegal and unconstitutional.2, Brief facts :-- The petitioners, who are agriculturists, owning lands in various parts of the State, mainly dependant upon the ground water for the purpose of irrigating their lands. They dug borewells in their fields and by installing electric pump sets of different capacities, they are lifting water. It is their case that capacity of the motor depends upon the depth of the well. In some areas, where underground water is available in abundance at lesser depth, they need not dig deep and in such cases, motors of lesser capacity (wh...

Etikoppaka Co-operative Agrl. Industrial Society Limited Vs. Secretary ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD661; 1999(1)ALT666

ORDERY.V. Narayana, J. 1. In this batch of writ petitions, the vires of the Andhra Pradesh (Agricultural-Produce and Livestock) Markets Act, 1966 (for short, 'Markets Act'), is questioned.2. Petitioners in all these writ petitions are the sugar factories located at various places in the Slate of Andhra Pradesh. Sugar-cane is the raw material for these factories. The case of the petitioners is that for the purpose of regulating the supply and purchase of sugar-cane required for use in sugarfactories and khandasary units and for matters connected therewith, the State Legislature has enacted A.P, Sugar-cane (Regulation, Supply and Purchase) Act, 1961 (for short, 'Sugar Regulation Act'), The Sugar Regulation Act takes care of the general and overall development of the sugar-cane growers. In furtherance of the object of the Sugar Regulation Act, Section 3 provides for setting up of a Committee called, the A.P. Sugar-cane Advisory Committee. Section 4 enumerates the functions of the Committe...

D.V. Dattatreyulu Vs. State

Court: Andhra Pradesh

Reported in: 1999(1)ALD734; 1999(1)ALD(Cri)600; 1999(1)ALT(Cri)680

1. This appeal is directed against the judgment of a Special Judge for C.B.I. Cases, Hyderabad dated 28-4-1995 rendered in CC No. 10 of 1994 under which the appellant/accused has been convicted for the offence under Section 409 of IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/-in default to undergo rigorous imprisonment for three months; for the offence under Section 477A of IPC and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000/- with default sentence of one month; and for the offence under Sections 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.2,000/- with default sentence of rigorous imprisonment for three months.2. The facts relating to this appeal may be stated briefly as follows:The appellant-accused has been working as Manager of Sri Venkateswara Grameena Bank, Vijalapuram Br...

Garla Sudhakar Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 1999(1)ALD761; 1999(1)ALT619

ORDER1. This writ petition is filed challenging the proceedings No.16417 dated 11-9-1997, issued by the Executive Engineer, Nellore, Central Division. The writ petition also further seeks a declaration that the aclion of respondent Nos.1, 2 and 3 in trying to disturb the petitioner's lease regarding the land in S.No.259 of Old Mallappa Kalva, near Sunday Market, Nellore, measuring 50 x 20 = 1000 Ft., as illegal.2. In the affidavit filed in support of the writ petition, it is stated that the petitioner has been given the land bearing S.No.259 of Old Mallappa Kalva, near Sunday Market, Nellore Town measuring 50 x 20 = 1000 ft., on the basis of the proceedings No.16417 dated 11-9-1997, by the Execulive Engineer, Central Division, Nellore, for a period of one year from the date of grant, for the purpose of a shop, for working as Mechanic. The petitioner is the person belonging to the scheduled caste and evert the Hon'ble Minister for Technical Education recommended the petitioner's case fo...

Duvvu Tata Rao and Others Vs. Special Court Under A.P. Land Grabbing ( ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD92; 1999(2)ALT23

ORDERY.V. Narayana, J. 1. Challenging the decree and Judgment delivered in L.G.C. No.99 of 1989 by the 1st Respondent, this writ petition is filed.2. The 2nd respondent filed the above said L.G.C. before the 1st Respondent i.e., Special Court under A.P. Land Grabbing (Prohibition) Act, contending that in the year 1960, it acquired the land which is in the occupation of the petitioners herein an extent of Ac.7.22 cents in S.No.54/2, Peda Waltair, for the purpose of Night Soil Trenching Grounds and that, therefore, the petitioners have no right or title over the land in question. The petitioner's case is that no doubt the land, which is in their occupation, is located in S.No.54/2 but the same does not belong to the 2nd respondent as they are the absolute owners of the said land. It is further contended that the 2nd respondent had actually acquired some other land situated in T.S. No.27/1, 27/2 and 27/3 and not the land situated in S.No.54/2. Subsequently, enquiry was conducted and the S...

Apsrtc, Musheerabad, Hyderabad Vs. State Transport Appellate Tribunal, ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD60; 1999(2)ALT42

ORDER1. These writ petitions raise common questions of fact and law. Hence, 1 am disposing of by this common order.2. The petitioner, Andhra Pradesh State Transport Corporation in all these writ petitions has challenged the judgment and order of the State Transport Appellate Tribunal, A.P., Hyderabad, by which order, the order of the Regional Transport Authority refusing to grant pakka stage carriage permits in respect of the respective routes pertaining to the petitioners has been set aside by granting direction to issue permits. All these writ petitions pertains to the order dated 7-7-1997 passed by the State Transport Appellate Tribunal, A.P., Hyderabad on its file in A.P. Nos.207 of 1995, 210 of 1995, 212 of 1995, 211 of 1995, 209 of 1995, 205 of 1995 and 206 of 1995, by which the order of the Regional Transport Authority, Krishna at Vijayawada dated 19-8-1995 passed in R.No. 75247/A3/94 has been set aside.3. The learned senior Counsel Sri L. Nageshwara Rao appearing for the Corpor...

Saleema Bee Vs. Court of Judl. Magistrate of First Class at Peddapalli ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD106; 1999(1)ALT789

ORDER1. The petitioner in MC. No.21 of 1997 on the file of the learned Judicial Magistrate of First Class, Peddapalli, is the petitioner in this civii revision petition filed under Article 227 of the Constitution of India. The order dated 29-1-1998 passed by the learned Magistrate rejecting the application filed by the petitioner purported to be under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act') on the ground that the Court has no jurisdiction to entertain the petition, is assailed in this revision petition.2. The petitioner herein is the wife of the second respondent and she filed an application before the learned Magistrate for recovery of Mehar and dowry amount and future maintenance totalling to Rs. 1,10,000/-as against the second respondent. It is her case that she was given in marriage to the second respondent on 29-12-1995 and she was divorced by the second respondent on 21-2-1997 through a legal notice by pronouncing three T...