Andhra Pradesh Court June 1999 Judgments
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Commissioner of Civil Supplies and Consumer Affairs, Hyd. and Another ...
Court: Andhra Pradesh
Decided on: Jun-30-1999
Reported in: 2000(2)ALD578; 2000(1)ALT14
ORDERB. Subhashan Reddy, J.1. These four writ appeals are directed against the judgments in four writ petitions filed impugning the action of the State Government in still requiring the obtaining of the licence for dealing in business of purchase and sale of edible oilseeds and edible oils.2. The Writ Appeals 1546 to 1549 of 1998 are directed against the Writ Petition Nos.3816, 7753, 17987, 17979 of 1998 respectively.3. The matters are traceable to Essential Commodities Act, 1955 and orders issued thereunder. Essential Commodities Act is meant for control of production and supply and distribution of certain notified essential commodities. Edible oilseeds and edible oils were among such notified essential commodities in the order issued by the State Government in exercise of the power under Section 3. One such order passed is 'Pulses, Edible Oilseeds and Edible Oils (storage control) Order, 1977'. 'Dealer' is defined in clause (2-f) as 'a person engage in the business of purchase, sale ...
U.V. Ramanamurthy Raju Vs. Government of Andhra Pradesh, Irrigation De ...
Court: Andhra Pradesh
Decided on: Jun-30-1999
Reported in: 1999(4)ALD194; 1999(4)ALT394
ORDER1. The writ petitioner entered into an agreement in respect of the work of formation of Velugodu Balancing Reservoir earth work dam from Km. 8.00 to Km. 9.264 upto TBL. Since he quoted his tender at 28.36% less over 1992-93 SSR rates which was the lowest it was accepted and an agreement was entered into on 18-2-1994. As per the contract, the work was to be completed within 18 months which expired on 19-6-1995. The petitioner states that the fourth respondent Executive Engineer vide his letters dated 21-2-1998 and 6-3-1998 specifically recommended to the Superintending Engineer, Nandyal to apprise the matter to the higher authorities for taking necessary approval from the competent authority for revised rate with regard to the extra lead involved. It is specifically stated in the said letter that the actual lead involved for soils due to enrouting on D/S is 7 to 8 Km. against 3 to 4 Km. as per agreement for hearting soils and 6 to 7 Km. against 3 to 4 Kms. for casing soils and this...
Kolli Narasimha Rao Vs. Municipal Council, Narasaraopet, Guntur Dist. ...
Court: Andhra Pradesh
Decided on: Jun-30-1999
Reported in: 1999(4)ALD196; 1999(4)ALT519
ORDER1. The petitioner seeks for a writ of mandamus to declare the action of the respondent Municipality Narasaraopet, Guntur District in conducting auction held on 3-4-1999 for collection of market fee relating to sundry market without issuing notification as illegal and to stay all further proceedings pursuant to the auction held on 3-4-1999 to collect market fee.2. The petitioner states that pursuant to the auction notification dated 25-2-1999 auction was held on 15-3-1999 and the petitioner offered bid of Rs.3,56,000/- but the respondents cancelled the said auction and accordingly the petitioner has been intimated by the notice dated 31-3-1999 rejecting the offer as per the resolution of the Municipality dated 31-3-1999.3. It is further submitted that auction was held on 3-4-1999 and there was no wide publicity and therefore the auction held on 3-4-1999 shall be declared as illegal.4. The second respondent filed counter stating that the bid amount offered by the petitioner to colle...
Modugula Panduranga Vittal (Died) and anr. Vs. Sri Venkataraya Chit Fu ...
Court: Andhra Pradesh
Decided on: Jun-30-1999
Reported in: 1999(4)ALD382; 1999(4)ALT350
ORDER1. This revision petition is filed being aggrieved by the order dated 16-4-1998 passed by the Senior Civil Judge, Tanuku in EP No.25 of 1998 in OS No.42 of 1997.2. By the impugned order, the Court below has directed the attachment of property of Judgment Debtor Nos.2 and 3 who are the petitioners herein. It appears that the Court below also passed a separate decree stating that a sum of Rs.400/- is exempted from attachment out of the salary and remaining l/3rd shall be recovered in every month etc. The fact also remains that after receiving notices, Petitioner Nos.l and 2 did not appear before the Court on 16-4-1998 and accordingly, (he Court below passed the order.3. During the pendency of this revision petition, Petitioner No. 1 - Modugula Panduranga Vittal has died and his I.Rs are not brought on record. Vide order of this Court dated 5-4-1999, the CRP is dismissed as abated in so far the petition relates to petitioner No. 14. The learned Counsel appearing for the petitioner co...
Tota Tirupathaiah Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-29-1999
Reported in: 1999(3)ALD730; 1999(2)ALD(Cri)16; 1999(2)ALT(Cri)133
1. This appeal is directed agaitisi the judgment of the learned Assistant Sessions Judge, Nagarkurnool dated 30-12-1993 rendered in SC No.70 of 1993 under which the appellant accused has been convicted for the offence under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 8 years and to pay a fine of Rs.3,000/-, in default to suffer imprisonment for a period of six months.2. The facts relevant to the appeal may be staled briefly as follows:The Victim, S. Chennamma (PW1) is aged about 40 years and has two sons. The eldest son was living in a different village away from her and her second son was looking after their agriculture. On the night of 3-2-1990 she was sleeping in her house all alone with her younger son, S. Ravi (PW7) was in the field. According to PW1, while she was sleeping in her house alone, the accused-appellant went to her house and called her by saying 'amma, amma' (mother, mother). Presuming that her son, Ravi, had retu...
Fishermen Cooperative Society, Raidurg Vs. Dist. Collector, R.R. Dist. ...
Court: Andhra Pradesh
Decided on: Jun-29-1999
Reported in: 1999(4)ALD122
1. This writ petition has been filed seeking a declaration that the proceedings of the second respondent in Reference No.784/C/99 dated 12-4-1999 as illegal and arbitrary and set aside the same, and further to direct the respondent to grant lease to the petitioner-Society for exploring fish in Durgam Cheruvu-hereinafter referred to as 'tank', at Raidurg Village in Ranga Reddy District for the fishing year 1998-99. 2. Petitioner is a Fishermen Cooperative Society registered under A.P. Cooperative Societies Act, the members of which are involved in fishing activities only, and the disputed 'tank' has been in the area of operation of the petitioner-Society along with other tanks for fishing activity sincemore than two decades. The leasehold rights for exploiting the fish in the 'tank' have been given to the petitioner-Society including the fishing year 1997-98. The fishing year starts from July 1, and ends with June 30. Since normally the orders of lease were being given in the month of O...
Pardha Saradhi Hotel Enterprises Ltd., Guntur Vs. Commercial Tax Offic ...
Court: Andhra Pradesh
Decided on: Jun-29-1999
Reported in: 1999(4)ALD132; 1999(4)ALT543
ORDERP. Venkatarama Reddi, J. 1. In this writ petition, the petitioner apart from challenging the provisional assessment order dated 22-5-1999 passed by the 1st respondent for the month of March, 1999, seeks a declaration that clause (c) of Section 6-A of A.P. General Sales Tax Act, is violative of Article 286 of the Constitution and therefore un-Constitutional. The petitioner who is a dealer in chillies claims to have acted as a Commissioner Agent on behalf of nonresident principals in Kerala and Tamil Nadu who exported the goods to foreign countries. Chillies are liable to tax under Section 5(2) read with Entry 16 of the second schedule to APGST Act at the point of first purchase in the State. The petitioner initially disclosed the net turnover of Rs.2,70,46,276/- for the month of March, 1999. However, he filed a revision return claiming exemption on the turnover of Rs.2,72,09,812 which according to the petitioner represents the purchases made in the course of export within the meani...
Chief Engineer, Electricity, Apseb, Hyderabad and Others Vs. Srinivasa ...
Court: Andhra Pradesh
Decided on: Jun-29-1999
Reported in: 1999(4)ALD224; 1999(4)ALT279
ORDERM.S. Liberhan, C.J.1. On inspection of the writ petitioner's rice mill by the officials of the appellant-Board, the meter was found to be not working in two phases and slow forward in the 3rd phase. On spot testing by the Assistant Divisional Engineer the average error was found as -81.44% and that CT Secondary Wire was cut and damaged. In view of the skeleton of a rat being found in the meter box, the damage to the meter was suspected on that account. Consequent on the above, the concerned Superintending Engineer estimated the back billing at Rs.40,594.75 and issued a show-cause notice calling upon the writ petitioner to file his objections, if any, Objections were filed. By his order dated 10-12-1997 the S.E. passed final orders back billing the writ petitioner towards unrecorded consumption, in an amount of Rs.23,363.10 ps. Aggrieved thereby an appeal dated 27-1-1998 was preferred before the appellate authority. By the orders dated 28-11-1998 the appeal was rejected confirming ...
Y.G. Krishna Vs. Addl. Industrial Tribunal-cum-addl. Labour Court, Hyd ...
Court: Andhra Pradesh
Decided on: Jun-29-1999
Reported in: 1999(4)ALD323; 1999(4)ALT414; (2000)ILLJ186AP
ORDER1. The petitioner is a Conductor working in Andhra Pradesh State Road Transport Corporation. He filed this writpetition for issue of a writ of cerliorari calling for the records in MP No.298/1986 and quashing the order dated 7-9-1990 made by the 1st respondent-Industrial Tribunal insofar as it relates to denial of wages to him from 15-4-1979 to 16-5-1980, and directing the 2nd respondent-Management to pay him the wages from 15-4-1979 till the actual date of reinstatement.2. The material facts of the case are as under ; During the year 1977 the petitioner was removed from the service of the 2nd respondent as a result of departmental proceedings that were conducted against him. On failure of the conciliation proceedings, the State Government referred the matter, regarding the validity of removal order, to the 1st respondent-Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 (for short 'the Act') in ID No.92/77. After due enquiry, the 1st respondent-Tribunal ma...
Sub-collector, Lao, Vijayawada Vs. Koppisetti Appala Narasamma
Court: Andhra Pradesh
Decided on: Jun-29-1999
Reported in: 1999(6)ALD651
ORDERN.Y. Hanumanthappa, J. 1. These appeals filed under Section 54 of the Land Acquisition Act came up for hearing before the Division Bench consisting of their Lordships Hon'ble Sri Justice P. Venkatarama Reddy and Hon'ble Sri Justice B.V. Ranga Raju of this Court. After hearing both sides and going through various issues involved in the appeals and conflicting views given by this Court (separate Benches) on the similar issues, the learned Judges felt that some of the unanswered questions on several aspects coming up every day in the appeals filed under Section 54 of the Land Acquisition Act require to be dealt and an authoritative pronouncement to be rendered by a Full Bench of this Court. Accordingly these appeals have been referred to the Full Bench.2. Before answering the reference, we would like to set out a few facts which are involved in these appeals as follows: An extent of Ac.9.42 cents of dry land situated in NTC No.369 to 372 of Mogalrajapuram, revenue mandal of Vijayawad...
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