Andhra Pradesh Court October 2001 Judgments
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Siromani Mittasala, Chairman, Paryavarana Parirakshaka Parishad Vs. Pr ...
Court: Andhra Pradesh
Decided on: Oct-10-2001
Reported in: 2002(1)ALD136; 2002(2)ALT356
V.V.S. Rao, J.INTRODUCTION 1. The Chairman of Paryavarana Parirakshana Parishad, Kavali addressed letter to the Hon'ble the Chief Justice of High Court of A.P. on 16.8.2000. It was stated therein that the said Parishad filed W.P. No. 929 of 1999 before this Court, that though an order was passed therein to establish Sewage Treatment Plant (STP) to Brindavan Colony, Kavali, the same was not done and that nearly 27,000 people are using drinking water from Papireddy tank which is being polluted. The same was treated as Writ Petition and notice was-ordered to all concerned.2. The General Secretary of citizens welfare committee, Kavali addressed another letter to this Court complaining that there is no drainage/sewerage system maintained by municipality and that the whole sewage is being let out into Papireddy tank which is situated in south-west corner of Kavali. The whole Papireddy tank is silted and it is full of drainage water. This is also causing loss to the ayacutdars as they are not...
B. Manga Rao Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2001
Reported in: 2002(1)ALD85
S.B. Sinha, CJ.1. Effect of application of the Presidential Order in relation to a State project vis-a-vis the seniority of the employees is the question involved in this petition.FACTS:2. The President of India in exercise of his powers conferred upon him under Article 371D of the Constitution of India promulgated A.P. Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 with effect from 18-10-1975 in relation whereto G.O. Ms. No.694, General Administration (SPF-A) Department, dated 29-10-1975 was issued.3. The petitioner herein was appointed temporarily as a Supervisor under Rule 10 (a)(l) of the A.P. State and Subordinate Service Rules, 1962. Various gazetted and non-gazetted posts were excluded for the purpose of appointment from the purview of the A.P. Public Service Commission by reason of G.O.Ms.No.646, General Administration (Ser-A) Department, dated 14-9-1979 which reads thus:AD HOC REGULATION It shall not be necessary for the Andh...
J. Satya Babu and ors. Vs. Bhimavaram, Co-operative Urban Bank Ltd. an ...
Court: Andhra Pradesh
Decided on: Oct-10-2001
Reported in: 2002(1)ALD55; 2004(3)ALT387
S.B. Sinha, CJ 1. A short but interesting question of law is involved in this writ appeal which arises out of an order dated 2-8-2001 passed by a learned single Judge of this Court in Writ Petition No.9373 of 2000.2. The writ petitioner - first respondent herein filed the aforementioned writ petition praying for a direction to the official respondents to initiate the process of election to the board of management of the Bhimavaram Co-operative Urban Bank and for a further direction to appoint the existing members of the board of management as persons-in-charge in accordance with the provisions of Section 31(2)(b) and 32(7)(a) of the A.P. Co-operative Societies Act, 1964 ('the Act' for Brevity).3. The basic fact of the matter is not in dispute. The first respondent is a Cooperative Urban Bank registered under the Act. The term of the managing committee expired on 8-6-2000. For the relief stated supra, the Bank filed the writ petition wherein an interim order was passed on 6-6-2000 direc...
Sakala Venkatachalapathy Vs. Madumuru Salamma and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2001
Reported in: 2002(1)ALT596
ORDERL. Narasimha Reddy, J.1. The plaintiff in O.S. No. 198/80 on the file of the I Additional Junior Civil Judge, Madanapalle, is the petitioner in this Civil Revision Petition. The suit was filed for partition of suit schedule properties and a preliminary decree was passed in the suit. I.A.No. 145/83 was filed for final decree proceedings. It appears that a Commissioner was appointed in the I.A. to ascertain the mesne profits as well as the share of the parties to the suit. However, aggrieved by the order passed in IA No. 145/83, defendants 1 to 5 and 14 have filed AS No. 11/84 in the Court of the Additional District Judge, Madanapalle. The said appeal was filed only against the petitioner herein, leaving aside all other parties viz., defendants 6 to 13 and 15.2. Alleging that there was non-compliance with the provisions of Order 41 Rule 14 CPC in preferring the appeal, in that, the parties to the order under appeal were not arrayed in the Memorandum of Appeal, now the petitioner i.e...
Commercial Plastics Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2002(1)ALD815; 2002(1)ALT673
S.B. Sinha, C.J. 1. These two Tax Revision Cases by M/s Commercial Plastics, Industrial Estate, Visakhapatnam are directed against the common order of the Sales Tax Appellate Tribunal, Hyderabad in TA Nos. 122 and 122 of 1991 respectively confirming the orders of the Deputy Commissioner of Commercial Taxes, Visakhapatnam dated 23-2-1991 revising the order of the Commercial Tax Officer, Dwarakanagar, Visakhapatnam dated 20-8-1989. 2. The question involved in these revision cases is as to whether polythene bags manufactured by the petitioner fails under entry 19 or 187 or entry 188 of the First Schedule appended to Andhra Pradesh General Sales Tax Act (for short 'the Act'). 3. Upon noticing the conflicting decisions of the co-ordinate Benches of this Court - one Division Bench in TRC No.5 of 1986 decided on 3-2-1993 taking the view that the polythene bags fall under Entry-19 and two other Division benches in State of Andhra Pradesh v. High Palymer Enterprises, 27 APSTJ 207, as also in an...
Road Metal Industry Vs. Secretary to Government of A.P., Revenue Depar ...
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2001(6)ALD166; 2001(5)ALT670
ORDER1. Shorn of the details of claim of the petitioner - the validity of the decision of the government to part away and alienate huge extent of land adjoining the city of Hyderabad in favour of Brahma KumariEducational Society and Mahesh Bhupati Tennis Academy (respondents 5 and 6 herein) falls for consideration in this writ petition.2. The question that falls for consideration is as to whether the government has any unlimited discretion to alienate the properties of the State in any manner whatsoever and to whomsoever without any due regard to the relevant statutory scheme?3. Before delving deep into the said important question that falls for consideration, it may be interesting to notice the stand in principle taken by the government and its understanding about the issue as is evident from the counter affidavit filed by the Joint Secretary to the government, Revenue Department for and on behalf of the State government:'Basically, the Government being the owner of the land can allot...
Reddicherla Balaji Raju Vs. Election Officer and ors.
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2001(6)ALD123; 2001(5)ALT603
ORDER1. The petitioner in the instant writ petition prays for issuance of a writ of Mandamus declaring the petitioner to have been duly elected as Sarpanch of Reddicherla Gram Panchayat, Komarole Mandal, Prakasam District in the elections held on 17-8-2001.2. Before adverting to the question as to whether any such relief could be granted by this court in exercise of its jurisdiction under Article 226 of the Constitution of India, it may be necessary to briefly notice the relevant facts:3. The election for electing the members and Sarpanch of Reddicherla Gram Panchayat was held on 17-8-2001. The petitioner as well as respondents 4 and 5 contested the election to the office of the Sarpanch of Gram Panchayat.4. It is alleged that while counting the votes, the counting staff committed various irregularities. Several votes polled in favour of the petitioner were counted in favour of the 4th respondent 55 votes were kept aside as doubtful votes. Before scrutiny of 55 doubtful votes and befor...
U. Anveshini and anr. Vs. Convenor, Eamct-2000 and ors.
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2001(6)ALD180; 2001(5)ALT686
ORDER1. Both these writ petitions may be disposed of by a common order, since common questions are involved.2. The petitioners in both the writ petitions pray for issuance of a writ of mandamus declaring Regulation 4(1) of the Regulations on Graduate Medical Education, 1997 framed by the 4th respondent-Medical Council of India fixing the minimum age limit of 17 years on or before the 31st December of the year of admission to the medical curriculum of first Bachelor of Medicine and Bachelor of Surgery (MBBS) course, as illegal, arbitrary and unconstitutional being violative of Article 14 of the Constitution of India and against the regulation making power of the Medical Council of India. The petitioners also pray to declare Rule 4(3)(b)(1)(i) of the Andhra Pradesh Professional Educational Institutions (Regulation of Admissions into under-Graduate Professional Courses through Common Entrance Test) Rules, 1993 issued in G.O.Ms.No.184, Education (EC-2) Department, dated 20-8-1993, as illeg...
D. Vijaya Bhaskar Reddy Vs. Election Officer Stage-ii, Giddalur Gram P ...
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2001(6)ALD129; 2001(5)ALT579
ORDER1. The decision of the State Election Commission dated 17-8-2001 directing the Election Officer, Giddalur Gram Panchayat to countermand the poll held on 17-8-2001 to elect the Sarpanch and 4th Ward to Gram Panchayat Giddalur is impugned in this writ petition on various grounds.2. Before adverting to the question as to whether the impugned decision suffers from any legal or constitutional infirmities, a few relevant facts may have to be noticed:3. The petitioner is one of the contesting candidates for the office of the Sarpanch of Giddalur Gram Panchayat. According to the schedule, the poll was to be held on 17-8-2001 between 7 A.M. and 1 P.M. The first respondent herein has been appointed as Election Officer Stage-II to conduct elections for the office of the Sarpanch of Gram Panchayat, Giddalur, Prakasam District. The poll commenced at 7 A.M. on 17-8-2001 as per the schedule and completed by 1 P.M. in all the 40 polling stations. After completion of formalities, the ballot boxes ...
Kayathi Jayapal Reddy Vs. State Election Commission and anr.
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2001(6)ALD136; 2001(5)ALT587
ORDER1. The petitioner in the instant writ petition prays for issuance of a writ of mandamus declaring the action of the State Election Commission in issuing a fresh notification dt.9-8-2001 notifying the election programme for conduct of election to the office of Sarpanch of Tandra Gram Panchayat of Veldanda Mandal of Mahabubnagar District as illegal and void. The petitioner accordingly prays for an appropriate direction to declare the petitioner as duly elected Sarpanch of Gram Panchayat, Tandra.2. Before adverting to the question as to whether the impugned notification suffers from any legal infirmity, it may be necessary to briefly notice the relevant facts.3. The first respondent herein issued notification dt.30-7-2001 proposing to hold the elections throughout the State of Andhra Pradesh to the Panchayat Raj institutions and accordingly issued the election programme for conduct of elections to the office of Sarpanch and Ward Members for Tandra Gram Panchayat also. The last date f...
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