Andhra Pradesh Court June 2001 Judgments
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Kolluru Gopal Vs. Govt. of A.P. Rep. by District Collector and anr.
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALT746
S.B. Sinha, C.J.1. The question as to whether a fresh notification is necessary for enforcement of the provisions of Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956 after the 2nd respondent- Municipal Corporation had come into being is the question involved in this appeal.2. The appellant- writ petitioner owns land to the extent of 406 Sq. yds. of land in T.S.No. 270/1-A para and 531 Sq.yds in T.S.No 266 part in Market ward, Periki veedhi, Block No. 9, Visakhapatnam. The land is situated in a prime area. The premises consists of building and a hut and the same had been let out to a tenant who in turn illegally sublet the same to a number of tenants who put up huts in the land. It is alleged that at the instance of some of the Councilors, the then Visakhapatam Municipal Council passed a resolution on 12-7-1970 for acquiring the said land under the A.P. Slum Improvement (Acquisition of Land)Act, 1956 (for short 'the Slum Act') and a notification thereof was published in A...
M. Madhu Babu Vs. Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-28-2001
Reported in: 2001(6)ALD443; 2001(5)ALT109
S.B. Sinha, C.J.1. The petitioner in this application inter alia has prayed for issuance of a writ of or in the nature of mandamus declaring the action of the 1st and 2nd respondents herein in reserving the office of the Chairperson, Zilla Parishad, Khammam in favour of the Scheduled Tribe in the ensuing election to the local bodies, as illegal. The petitioner is a candidate for the office of Zilla Parishad Territorial Constituency in the ensuing election to be held for the local bodies in the year 2001. It is not in dispute that the office of the Chairperson of the Khammam district has been reserved for the member of Scheduled Tribe. The contention of the petitioner in short is that having regard to para 23 of G.O.Ms.No. 140, dated 20.4.2001 issued by the Panchayat Raj and Rural Development (Elections) Department, the said office ought to have been placed in the open category inasmuch as in the last election the same had been reserved for the Scheduled Tribe candidate. The said para r...
Managing Director, Sundaram Finance Ltd. Vs. G.S. Nandakumar
Court: Andhra Pradesh
Decided on: Jun-28-2001
Reported in: 2001(4)ALT383; 2001(3)ARBLR37(AP)
ORDER1. The Managing Director, Sundaram Finance Ltd., Madras and the local Branch Manager at Chittoor filed this revision petition aggrieved by the order to the extent that it went against their interest.Heard both the counsel.2. The respondent filed a suit O.S. No. 185 of 2001 on the file of First Addl. Junior Civil Judge, Chittoor for rendition of accounts against the petitioners herein along with I.A. No. 150 of 2001 seeking injunction restraining the petitioners herein from seizing the two lorries which were hypothecated to the petitioners on hire purchase agreement and obtained exparte injunction. Thereafter, the petitioner herein filed I.A. Mo. 214 of 2001 bringing to the notice of the Court that the hire purchase agreement contains a clause for appointment of an Arbitrator to be nominated by the first petitioner herein and as such the Court has no jurisdiction to entertain the suit and the same has to be dismissed. The Court seemed to have been taken an objection that two relief...
Vetstar Agros Pvt. Ltd. Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Jun-28-2001
Reported in: [2001]124STC421(AP)
S.R. Nayak, J.1. Heard the learned counsel for the petitioner and the learned Special Government Pleader for Taxes. The writ petition was disposed of finally with their consent.2. The short question that falls for our consideration and decision in this writ petition is whether the authorities of Commercial Tax Department can demand the tax and force the petitioner to pay the tax so long as the final eligibility certificate issued by the General Manager, District Industries Centre, Balanagar, R.R. District, the second respondent herein, dated November 3, 1997 stands and operates on the ground that the commercial production commenced anterior to the date specified in the final eligibility certificate. It cannot be gainsaid that by virtue of the final eligibility certificate issued by the General Manager, the petitioner-assessee is entitled to seek benefit of the certificate. In the first place, the authorities of the Commercial Tax Department are not appropriate authorities who are armed...
A.P. Sarpanchas Association Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jun-27-2001
Reported in: AIR2001AP474; 2001(4)ALT309
ORDERS.B. Sinha, CJ 1. The above five writ petitions, although couched in different forms and seeking different reliefs filedby different persons, aim at cancellation/ stay of Panchayat elections the process whereof as directed by the Apex Court as also this Court must be concluded by 31-7-2001.2. A.P. State Sarpanchas Association, Pilli Lakshmi, Shailaya I, B. V. Seshamma, D. M. Varaprasad Rao and Lambadi Hakkula Porata Samithi are the petitioners in these writ petitions respectively.3. Writ Petition No.9857 of 2001 (for short 'the first writ petition) raises the question as to whether the provisions of Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') purporting to have been enacted in terms of Part IX of the Constitution inserted by reason of the Constitution (Seventy Third) Amendment Act, 1992 should be given effect to as it does not conform in letter and spirit thereon.Writ Petition No.9862 of 2001 (for short 'the second writ petition') raises the question as to whether...
Richardson Cruddas (1972) Limited, Chennai Vs. Commercial Tax Officer, ...
Court: Andhra Pradesh
Decided on: Jun-27-2001
Reported in: 2001(5)ALD99; 2002(1)ALT40
ORDERS.R Navak, J.1. Heard the learned Counsel for the petitioner and the learned Special Government Pleader for Taxes and with their consent the writ petition was heard finally.2. The petitioner is a Government of India Undertaking, registered under the Companies Act. The petitioner is engaged in the business of execution 'of contracts of erecting steel structurals. During the years1986-87 and 1987-88, the petitioner was assessed to sales tax under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as the Act) on the contracts executed by it in favour of Visakhapatnam Steel Plant. The disputed levy was set aside by the Appellate Deputy Commissioner and remanded. However, the Appellate Deputy Commissioner rejected the principal contention of the petitioner that the items used in works contract constitute second sates. On appeals filed, the Sales Tax Appellate Tribunal, in TA Nos.160 and 162 of 1993 for the years 1986-87 and1987-88 respectively, upheld the petitione...
Noorunissa Begum and Another Vs. District Collector, Khammam and Other ...
Court: Andhra Pradesh
Decided on: Jun-27-2001
Reported in: 2001CriLJ3857
ORDER1. One Noorunissa Begum aged about 28 years wife of the late Shaik Chand, and Shaik Saida, wife of late Karnal aged about 60 years, the mother of Shaik Chand filed the writ petition to issue writ of mandamus to declare the action of the respondents in not conducting enquiry and failing to pay compensation to the petitioners as illegal, arbitrary and unconstitutional and for consequential direction to the respondents to conduct enquiry and pay compensation for death of Shaik Chand husband of thefirst petitioner and son of second petitioner in judicial custody.2. It is submitted that the first petitioner's husband Shaik Chand was an auto-driver and having seven children and aged parents and was maintaining his family solely on the earnings from auto-driving. Shaik Chand was falsely implicated in criminal Case No.2 of 1991. According to the case of the prosecution on 24-12-1990 he quarrelled with some boys with the result one of the boys lost teeth. On this ground he was arrested and...
Kanaka Ramulamma Vs. the District Collector and Dist. Election Authori ...
Court: Andhra Pradesh
Decided on: Jun-27-2001
Reported in: AIR2001AP456
Satyabrata Sinha, C.J. 1. The petitioners in this application are questioning the action of the respondents in setting up polling booth for the voters of Vengalapuram revenue village at Utlapallivaripalem hamlet purported to be situated in Yerrareddypalem Gram Panchayat as arbitrary and illegal.2. The contention raised in this application is that the distance between the villages Yerrareddypalem and Vengalapuram is about 2.25 kilometers. Yerrareddypalem Gram Panchayat consists of Yerrareddypalem revenue village, Utlapallivaripalem hamlet of Yerrareddypalem village and Vengalapuram revenue village. The said Gram Panchayat was constituted in the year 1995. The total number of voters in Yerrareddypalem is about 380 and the totalnumber of voters in Utlapallivaripalem is about 470. The distance between the Utlapallivaripalem and Vengalapuram is about 4 kilometers. Previously Vengalapuram was set up in survey No. 212 and thereafter the entire village was shifted to survey Nos. 201 and 111. I...
The A.P. Gas Power Corporation Ltd. Vs. the Appellate Committee, Water ...
Court: Andhra Pradesh
Decided on: Jun-27-2001
Reported in: AIR2001AP523
S.B. Sinha, C.J. 1. All these three writ petitions questioning the orders passed by the appellate authority constituted under Section 13 of the Water (Prevention and Control of Pollution) Cess Act. 1977 (hereinafter called and referred to for the sake of brevity as 'the said Act') raise a question as regards interpretation of item No. 14 of the 1 Schedule appended thereto viz., whether a thermal power generating industry which is operated by natural gas or gas based would come within the purview thereof.2. Mr. Rammohan Rao, the learned counsel appearing on behalf of the petitioners inter alia submits that having regard to theprovisions contained in the said Act and having regard to the fact that the said Act is a fiscal statute, the same must be construed strictly. The learned counsel would submit that having regard to the fact that item No. 14 of the 1 Schedule appended to the said Act refers to Thermal, Diesel and Hydel Power generating industries, which would clearly go to show that...
The Public Prosecutor, High Court of A.P. Vs. Vendala Somaiah @ Medich ...
Court: Andhra Pradesh
Decided on: Jun-27-2001
Reported in: 2001(2)ALD(Cri)253; 2001(2)ALT(Cri)94; 2001(2)LS448
B. Prakash Rao, J.1. This appeal is at the instance of the State against the acquittal of A-1 to A-9, A-12 to A-19, A-21 to A-29, A-31 to A-33, A-35 to A-44 who were charged for the offences punishable under Section 148, 147, 302, 302 r/w Section 149, Section 324 IPC and Section 324 r/w 149 IPC as per the judgment in S.C. No. 233 of 1995 dated 9-2-1999 on the file of the II Additional Sessions Judge, Rajahmundry, East Godavari District. Initially, there were 44 accused in all. However, A-10, A-11, A-20 and A-34 died during the trial and the case against A-30 was separated. 2. The case of the prosecution is that P.Ws.1 to 11 are the residents of villages viz., Medicherla, K. Veeravaram, Sitaram, Chinaramanayyapeta, Gobbapalem and Kudipalli, whereas all the accused are the members of Ryuthu Cooli Sangham. The deceased was a resident of Kottavaram village. There was a dispute in regard to the land in R.S. No. 88/3 and 109 admeasuring Ac.12-00 situate at Chinnaramanayyapeta village due to ...
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