Andhra Pradesh Court April 2000 Judgments
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ind-barath Energies Ltd., Hyd. Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-28-2000
Reported in: 2000(3)ALD546; 2000(3)ALT257
ORDER1. These two writ petitions may be disposed of by a common order.2. Both the petitioners herein challenge the Proceedings No.APERC/Secy/ Engg/No.5, dated 6-3-2000 on the file of the third respondent herein. The petitioners seek a writ of certiorari from this Court calling for the records relating to the said proceedings dated 6-3-2000 on the file of the third respondent and quash the same.3. Before adverting to the question relating to the validity, legality and propriety of the impugned order, it may be necessary to briefly notice the relevant facts leading to filing of these writ petitions.4. The State Government of Andhra Pradesh in line with the Government of India Policy for Development of Non-conventional energy based projects have issued orders reflecting its policy decision to provide uniform incentives to entrepreneurs who are setting up projects based on non-conventional energy sources vide G.O. Ms. No.93, Energy (RES) Department, dated 18-11-1997. The policy of the Stat...
Manthena Krishnam Raju (Died) and Others Vs. Dadal Ramanaiah Alias Raf ...
Court: Andhra Pradesh
Decided on: Apr-28-2000
Reported in: 2000(3)ALD710; 2000(3)ALT781
ORDER1. The defendants in OS No.112 of 1991 on the file of learned Principal Subordinate Judge, Kakinda, filed this revision petition aggrieved by the order and decree dated 2-9-1996 made in IA No.1285 of 1991 in OS No.112 of 1991. The facts, which are not in dispute, are that one late Manthena Krishnam Raju filed the above suit through next friend of D. Subhash on 3-4-1991 for cancellation of registered sale deeds executed by the plaintiffs in favour of the defendants and delivery of possession of the schedule property with profits, along with an application under Order XXXII, Rule 15 CPC to permit D. Subhash to file the suit on behalf of the plaintiff as his next friend and also power of attorney holder. The plaintiff expired on 5-5-1991. The Court on 28-6-1991 ordered notice to the respondents in IA No.1285 of 1991 and registered the suit on the same date. The revision petitioners-defendants filed the counter in the above interlocutory application contesting that the suit filed by t...
Reliance Fire and Safety Equipment Private Limited, Secunderabad Vs. M ...
Court: Andhra Pradesh
Decided on: Apr-28-2000
Reported in: 2000(3)ALD788; 2000(3)ALT346
ORDER1. The petitioner seeks a declaration that the action of the respondent in insisting ISI certification for the water monitor and threatening to reject the bid of the petitioner despite the undertaking to supply such an ISI mark water monitor and to furnish bank guarantee, as illegal, arbitrary, mala fide and unjust. The petitioner also seeks a consequential direction to the respondent to consider the tender bid of the petitioner for supply, erection and commissioning of fire protection facilities either as per the tender dated 28-9-1999 without insisting for ISI marked water monitor or on the undertaking of the petitioner company to supply the said ISI marked water monitor.2. The case of the petitioner inter alia as averred in the affidavit filed insupport of the writ petition is that the respondent issued notices inviting tenders dated 28-9-1999 for supply, erection and commissioning of fire protection facilities at the work site of IOCL pipe line terminal at Kappalur near Madura...
Bodipudi Suresh Babu Vs. Registrar, Ntr University of Health Sciences, ...
Court: Andhra Pradesh
Decided on: Apr-28-2000
Reported in: 2000(4)ALD268; 2000(3)ALT736
ORDER1. The petitioner with a desire to seek admission to the first year MDBS Course during the academic year 1999-2000 appeared tor the EAMCET-1999 Examination, Initially he was assigned '721' rank and subsequently on revision of the ranks in pursuance of certain directions issued by this Court in writ proceedings, he was assigned rank '572'. The NTR University of Health Sciences issued a notification on 11-11-1999 calling for applications from the eligible candidates for admission to the first year MBBS course during the academic year 1999-2000 and the prospective applicants were advised to submit, their applications on or before 5-00 p.m., on 6-12-1999. The petitioner herein admittedly did not make application on or before 6-12-1999. Subsequently, the petitioner approached the University to have the prescribed application form and since by that time the last date fixed by the University had expired, the petitioner was not given application form. That led to the petitioner filing thi...
Abdul Aleem and ors. Vs. Govt. of A.P., Revenue (Excise) Dept. and ors ...
Court: Andhra Pradesh
Decided on: Apr-28-2000
Reported in: 2000(3)ALT338
V. Eswaraiah, J.These three writ petitions raise a common question, hence are being disposed of by means of this common judgment.1. W.P. No. 23263/98 filed by 20 petitioners, who are the petitioners in O.A. No. 4161/1998 on the file of the A.P. Administrative Tribunal, to declare the order dated 7-8-1998 passed in O.A. No. 4161 of 1998 as illegal and contrary to law and also to declare the proceedings of the Government issued in Memo No.38435/ Ex. 12/90-30, dated 11-2-1998 and the consequential reversion orders dated 3-4-1998 of the Deputy Commissioner of Prohibition and Excise, Hyderabad Division, Hyderabad, as illegal and contrary to the Article 311(2) of the Constitution of India and to further declare that the petitioners are entitled to continue as Excise Sub-Inspectors even though they have not passed the departmental tests.1-A. Respondents 5 to 40, who have passed the departmental tests, have been impleaded as per the order dated 28-8-1998.2. O.A. No. 4161/98 was filed to implem...
M. Prabhakar and Other Vs. Govt. of India and Others
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(3)ALD667; 2000(3)ALT361
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed to declare the Notification No.55, dated 11-12-1952 published in Hyderabad Government Gazette dated 25-12-1952 notifying the land in Survey Nos.9, 11, 47, 140 to 143, 151 to 153, 676 and 677 totally ad measuring Ac. 90.08 gts., situated at Kapra village, Keesara Mandal of Ranga Reddy District as evacuee property, as illegal.2. On the ground that the said lands belonged to one Mr. Rahim Bux and his sons, who had migrated to Pakistan, they were declared as evacuee properties by the said notification.3. The above lands are claimed to be the property belonging to late Mandal Bucham, who died on 20-3-1942 leaving behind the petitioners as his legal heirs. It is the case of the petitioners that the said evacuee was no way concerned with the above lands and neither he had any title over the above lands nor any other right, interest or claim; but the authorities had assumed that the said lands were auctioned in a Court decree in h...
Hans Raj Agarwal and Another Vs. Appropriate Authority Constituted Und ...
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(4)ALD33; 2000(4)ALT215; [2000]246ITR232(AP)
ORDERP. Venkatarama Reddi, J. 1. The impugned order passed in exercise of the powers vested in appropriate authority under Section 269UD(1) of the Income Tax Act directs pre-emptive purchase of the property belonging to the Estate of late Mrs. Leila D. Lein and the payment by Central Government by way of consideration a sum of Rs.14,19,210/-. The payment already made to the 5th respondent who is the Attorney of the Estate of late Mrs. Leila D. Lein on 12-10-1990, was treated as payment as per the order. It was recorded in the impugned order that the possession has already been handed over to the Income Tax Department on 9-10-1989 by the GPA of the Transferor. Hence, 'it is only reiterated that the property vests with the Central Government free from all encumbrances'. In the Schedule 1 to the impugned order, the description is given as 1/3rd share/interest in the property known as Lilazar Rearing No.8-2-349, Road No.3, Banjara Hills, Hyderabad with the boundaries specified therein. The...
M. Rama Maddileti Reddy Vs. Vice-chairman and Managing Director, Apsrt ...
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(3)ALD796; 2000(3)ALT721
ORDER1. An advertisement was issued in newspapers inviting applications from the private bus owners to supply buses to the A.P. State Road Transport Corporation on hire basis. The petitioner applied. Respondents 3 and 4 were also contenders. The respondents 1 and 2 accepted the buses of respondents 3 and 4. The petitioner's offer has not been accepted. In this background this writ petition has been filed challenging the action of the respondents 1 and 2 in accepting the offer of respondents 3 and 4 while rejecting the offer of the petitioner.2. The selection of buses is made on the basis of guidelines framed by the respondent No.1. There could be two types of applicants in terms of the guidelines, one those with ready buses and the other those without buses. The second group is further classified into two categories, first being those persons who are in possession of chasis with proof of invoice and the second category would be of those who are not in possession of chasis. Those who ha...
Ravi Jeevanandam Vs. Lakshmi Narasimhavari Devashanam, Antervedi
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(3)ALD762; 2000(3)ALT777
ORDER1. The controversy in this case is in short compass. The respondents filed an eviction petition being ATC No.14 of 1994 for eviction of the petitioner from the leased property, the petitioner being tenant of the respondents. Along with the Tenancy case an application was filed for temporary injunction as according to the respondents the petitioner-tenant was causing destruction to the land under lease by constructing a house. An exports interim injunction was granted by the Special Officer-cum-Principal District Munsif. After the injunction was passed it was contended before the Special Officer that the injunction granted is being violated therefore action was sought in terms of Order 39, Rule 2-A of CPC. The Special Officer held that the order of injunction had been violated and the petitioner to be punished. He was ordered to be detained in a civil prison for a period of 30 days. He filed an appeal, in appeal also he did not succeed and the order of Special Officer was upheld. N...
Kodachur Ganesh Rao Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(3)ALD704; 2000(3)ALT645
1. In this Batch of three writ petitions the Court is confronted with the classic dilemma-whether to strike down an order of the Government passed in breach of the principles of natural justice or to refuse relief on the ground that it would lead to the restoration of another illegal order.2. Let us now briefly examine the facts. The matter relates to the lease of a property-about 300 sq.yards of prime land situated quite opposite to the Secunderabad Railway Station-belonging to a Hindu Religious and Charitable Institution popularly known as 'Ravurivari Dharmasala', Regimental Bazaar, Secunderabad, which is governed by the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (herein referred to as 'the Act') and the Rules made thereunder. In G.O. Rt.No.1224 Revenue (Endts.II) Department, dated14-7-1997, the Government of Andhra Pradesh took a decision to accept the offer of P. Sankar Reddy (petitioner in WP No.15332 of 1998) in preference to the o...
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