Andhra Pradesh Court October 2001 Judgments
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J. Rama Rao Vs. P.V. Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2001(6)ALD727; 2002(1)ALT223a
S.B. Sinha, C.J. 1. In this application the petitioner has prayed for punishing the alleged contemnors herein for alleged violation of the orders passed by this Court dated 28-1-1997 in Writ Petition No.25835 of 1996, which has been reported in S.R. Ramanujam v. Chief Secretary to Government, 1997 (3) ALD 114.2. The fact of the matter shorn of all unnecessary details leading to passing of the said judgment is as under: 3. A Division Bench of this Court in the aforementioned writ petition having declared that conversion of public places like gardens and parks as cremation grounds is violative of Article 21 of the Constitution of India, restrained the respondents from converting NTR Garden (Buddha Purnima) and Indira Park to any other use. 4. According to the petitioner, no construction of whatsoever nature should come up in the park in view of the said judgment, but the greenery in NTR Garden is being stripped off by constructing a multi-crore theatre. He made representations to the sec...
Nalla Malla Reddy Vs. M. Mutyalu Goud and ors.
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2002(1)ALD387
S.B. Sinha, C.J. 1. These appeals are directed against a common order dated 25-1-2001 passed by a learned single Judge of this Court in Review WPMP No.29113 of 1999 in WP No.21297 of 1999 and WP No.21707 of 1999 whereby and where under the review petition and WP No.21707 of 1999 filed by the appellant herein were disposed of. 2. The appellant (for short 'the donor') donated a sum of Rs.35,000/- for construction of water tank, bus shelter and for laying internal roads within the Panchayat limits of Kachawanisingaram Gram Panchayat purported to be under Janmabhoomi Programme. Such amount was paid to the Sarpanch, who was the writ petitioner in WP No.21297 of 1999. According to the donor, as the said amount had not been spent by the Sarpanch, an appropriate action should have been taken against him. An enquiry was caused to be made in the matter by the Collector and upon satisfying himself that Sarpanch had not spent the said amount, passed an order on 8-5-1998 directing recovery thereof ...
Capt. J. Rama Rao Vs. Mrs. Chandana Khan and anr.
Court: Andhra Pradesh
Decided on: Oct-09-2001
Reported in: 2002(1)ALT223
S.B. Sinha, C.J.1. Although the matter was listed under the heading 'For Admission', it was heard finally with the consent of the learned counsel appearing on behalf of both the parties. 2. In this application, the petitioner has prayed to punish the alleged contemnor for alleged violation of the order passed by this Court dated 15-6-2001 in Writ Petition No. 26378 of 2000. 3. The facts in brief are: A Division Bench of this Court disposed of the aforementioned writ petition holding: 'We, therefore, are of the opinion that no further permanent structures including those involving commercial activities may be allowed to be raised on or near the water spread or catchment area. However, the other aspects of the proposed activities viz., construction of an amusement park, etc., may be allowed. But prior thereto, the A.P. Pollution Control Board must go into all aspects of the matter including the questions raised herein and certify that creation of such entertainment parks, etc., for the...
Kanapala Rama Rao Vs. Regional Transport Officer, Srikakulam, Srikakul ...
Court: Andhra Pradesh
Decided on: Oct-08-2001
Reported in: 2001(6)ALD402; 2001(6)ALT46
S.B. Sinha, C.J.1. A Division Bench of this Court, having noticed divergent views taken by two Division Benches in S.V. RAMANAMMA v ASST. TRANSPORT COMMISSIONER, 1989 (1) ALT 220 and in SMT. SK. MUMTAZ BEGUM v REGIONAL TRANSPORT OFFICER-CUM-LICENSING OFFICER, NELLORE, 1989 (2) LS 250, as regards the liability of a transport operator who has violated the conditions of a stage carriage permit, has referred these matters to this Bench for resolution of the controversy.2. The petitioners' vehicles, which are having stage carriage permits on the town service route - Amudalavalasa Bus Stand to Srikakulam (Day and Night Hospital Junction) were found plying on the routes not authorised by the permits within the town. After the check, the petitioners were issued show-cause notices calling upon them to explain as to why the difference of tax should not be collected for the quarter to which they submitted their explanations. Thereafter, the Motor Vehicles Inspector, Palakonda has issued the impug...
Manair Educational Academy, Karimnagar Vs. Govt. of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Oct-08-2001
Reported in: 2001(6)ALD829
S.B. Sinha, C.J. 1. The validity of G.O. Ms. No. 398, Education (TRG.I) Department, dated 4-1 2-1997 is in question in this writ petition. 2. The question in this writ petition arises out of the following facts: The petitioner is a society registered under the Societies Registration Act for the purpose of imparting education particularly in Karimnagar District. It, with a view to establish a college of Teacher Education and Training in Karimnagar Division, made necessary application in terms of relevant rules and also G.O. Ms. No. 398, dated 4-12-1997 for issuance of No Objection Certificate. The State Level Standing Committee got the land of the petitioner-society inspected by the District Collector, Karimnagar to ascertain the suitability for construction of B.Ed., College. As the third respondent did not place the matter before the State Level Standing Committee, the petitioner filed Writ Petition No. 16357 of 1999 and this Court by reason of an order dated 12-8-1999 directed the th...
A.R. Chandrika Vs. State of A.P., Education Dept. and ors.
Court: Andhra Pradesh
Decided on: Oct-08-2001
Reported in: 2002(1)ALT61
S.B. Sinha, C.J.1. A short but interesting question as regards the jurisdiction of the State Administrative Tribunal to consider the judgment rendered by it in a case where the applicant was not a party arises for consideration in this writ petition.FACTS:2. The writ petitioner herein was appointed as Card Writer in the year 1973 in the State Central Library. She passed B.A., B.L.Sc., examinations besides Accounts Test for Subordinate Officers Part-I and Accounts Test for Executive Officers. She was promoted as Assistant Librarian Grade-II in 1981. She was appointed by transfer as Senior Assistant (Ministerial Service) purported to be under Sub-rule (8) of Rule 3 of Andhra Pradesh Ministerial Service Rules, 1966 (for short 'the Rules') in terms of the Proceedings in Rc.No. 134-A2/83-1, dated 17-9-1983 of Director of Public Libraries. However, she was not considered for promotion to the post of Superintendent for want of seniority list, although she was allegedly qualified therefor. One...
immadi Laxmi Vs. Sreyabhilashi Chit Funds and ors.
Court: Andhra Pradesh
Decided on: Oct-08-2001
Reported in: 2002(1)ALT411
ORDERP.S. Narayana, J.1. Heard Sr. C.B. Ram Mohan Reddy, learned Counsel for the petitioner and Sri Surappa Naidu, the amicus curiae appointed by the Court.2. Perused the material on record.3. The revision petitioner-Judgment Debtor No. 5 aggrieved by the order dated 7-12-2000 made in E.A.No. 575 of 2000 in E.P.No. 396 of 2000 in O.S.No. 557 of 1997 on the file of the Principal Junior Civil Judge, Khammam had preferred the present revision petition. She filed the E.A. under Section 47 of the C.P.C. to declare the execution proceedings against her, who is the wife of defendant No. 4 in the suit, as void since the said defendant No. 4 died even during the pendency of the suit and none of the legal representatives are brought on record. The Court below had passed the following order dt. 7-12-2000.'It is urged that knowingly or unknowingly a decree was passed against dead person judgment debtor No. 4 by this Court in O.S.No. 557 of 1997 on 8-2-1999 and as a decree against the dead man is n...
K.V. Rama Sastry and ors. Vs. Got. of A.P., Legislative Affairs and Ju ...
Court: Andhra Pradesh
Decided on: Oct-08-2001
Reported in: 2002(1)ALT32
S.B. Sinha, C.J.1. Vires of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2001 (Act 14 of 2001) is in question in these writ petitions.SUBMISSIONS:2. It is contended that an unguided and unbridled power had been conferred upon the concerned authorities. The learned Counsel for the petitioners would contend that 'employee' having not been defined, any person of the choice of the authority concerned can be appointed.FINDINGS:3. The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 was enacted to consolidate and amend the law relating to administration and governance of charitable and Hindu Religious Institutions and Endowments in the State of Andhra Pradesh.4. 'Executive officer' is defined in Section 2(13) and 'religious endowments' in Section 2 (22). Section 29 of the Act deals with matters relating to appointment and duties of executive officer. By reason of the said provision the State has been empower...
Eswardas Agarwal Vs. Pran Kumari and anr.
Court: Andhra Pradesh
Decided on: Oct-08-2001
Reported in: 2002(1)ALT116
ORDERP.S. Narayana, J.1. Heard Sri Srinivas, the learned Counsel for the Revision Petitioner. The unsuccessful landlord in both the Courts below is the Revision Petitioner. The eviction petition R.C.No. 159/90 on the file of Additional Rent Controller, Secunderabad was filed on the ground of bona fide requirement for personal occupation. The case of the Revision Petitioner-petitioner in R.C.No. 159/90 is as follows:--The petitioner is the owner of the schedule premises which consists of ground floor and first floor. Sri Arjuna Shivaji, the husband of the 1st respondent and the father of the 2nd respondent was the tenant in the schedule premises and he died leaving behind the respondents as his legal heirs. The schedule premises was originally let out for the purpose of the residence. Now the respondents are the occupants of the schedule premises on monthly rent of Rs.240/-. The tenancy is oral. The petitioner and his family members are now residing jointly in premises bearing Door No. ...
Debts Recovery Tribunal, Advocates Association of Andhra Pradesh Vs. D ...
Court: Andhra Pradesh
Decided on: Oct-05-2001
Reported in: 2002(2)ALD167
Bilal Nazki, J.1. This writ petition has been filed by an Advocates' Association and it is submitted that the association was formed to promote brotherhood among legal fraternity and to take up activities relating to common problems of Advocates. It has been stated that the Banks and financial institutions were filing suits in Civil Courts for recovery of their dues in respect of loans and other facilities provided by them to the borroweRs. The Government of India having felt the need, created separate Tribunals for adjudication of matters relating to Bank recoveries. The Recovery of Debts due to the Banks and Financial Institutions Act (51 of 1993) was promulgated by Parliament which came into force on 24th June, 1993. The Central Government was authorised to issue notification to establish Debts Recovery Tribunals to adjudicate the claims of the Banks. The Government was also empowered to specify the areas over which such Tribunals may exercise their jurisdiction. The Central Governm...
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