Andhra Pradesh Court June 2001 Judgments
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Government of A.P. Vs. St. Mary's Educational Society, Giddaluru, Prak ...
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(4)ALT444
ORDERS.R. Nayak, J1. Writ Appeal No.626 of 2000 is directed against the order of the learned single Judge dated 17-4-2000 passed in Writ Petition No.4548 of 2000 allowing the writ petition filed by the 1st respondent herein and directing the appellants herein to consider the application of the 1st respondent for grant of 'No Objection Certificate' forthwith and to issue 'No Objection Certificate' if it satisfies the requirements as provided in G.O. Ms. No.398, Education, dated 4-12-1997. The learned single Judge has further directed the 2nd respondent herein, viz., the National Council for Teacher Education (for short 'NCTE'), Southern Regional Committee, Bangalore, to consider the application of the 1st respondent in case if No Objection Certificate is granted by the appellants 1 and 2 with the rival applicant viz., Hussaini Educational Society for grant of recognition under the National Council for Teacher Education Act, 1993 (Act 73/93) (for short, NCTE Act).2. WP No.1546 of 2001 is...
P. Ramakrishna Sastry Vs. Commissioner of Police, Vijayawada Urban Pol ...
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(4)ALT326
ORDERS.B. Sinha, CJ 1. This writ petition was taken up as a Public Interest Litigation on the basis of a letter dated 16-9-2000 written by a practising advocate in Vijayawada City addressed to the Honourable Chief Justice of this Court regarding the noise pollution created in the City of Vijayawada by reason of the use of Air Horns at their pitch by A.P. State Road Transport Corporation buses, lorries etc.2. The fact that there exists noise pollution in the City of Vijayawada is not in dispute. An affidavit, affirmed by Sri. B. Sreenivas, Sub-Inspector of Police on behalfof respondents 1, 4 and 10 was filed contending that organised special camps were held to curb noise pollution with the assistance of A.P. Pollution Control Board and in the month of January, 2001, 1241 cases have been booked. All kinds of Gas Horns/pneumatic horns and multi-tone horns fitted to motor vehicles were banned by the Commissioner of Police on 8-1-2001. It was further stated directions have also been issued ...
Ushodaya Enterprises Limited Vs. T.V. Venugopal and Another
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(4)ALD723
ORDERMotilal B. Naik, J 1. These two letters Patent Appeals arise out of a common judgment in CCCA Nos.178 and 180 of 2000 dated 28-12-2000 rendered by a learned single Judge of this Court.2. For the purpose of convenience, the parities are referred to as the plaintiff and the defendants.3. Appellant in these two appeals is the plaintiff - M/s. Ushodaya Enterprises Limited, a Public Limited Company, represented by its Senior Law Officer G. V.S. Jagannadha Rao, instituted the suit in OS No.555 of 1999 under Section 26 and Order VII, Rule 1 CPC and Sections 55 and 62 of the Copyright Act and Sections 27, 105 and 106 of the Trade and Merchandise Marks Act, 1958, on the file of the II Additional Chief Judge, City civil Court, Hyderabad against the defendants 1 and 2 seeking the following reliefs, viz.,'(a) a permanent injunction restraining the defendants, their servants, agents or anyone claiming through any of them from passing off their Agarbathis business as the business of the plainti...
Forum for a Better Hyderabad, (Confederation of Voluntary Organisation ...
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(4)ALT275
ORDERS.B. Sinha, C.J.1. A question as to whether inter alia any constructions should be allowed to be raised in and around Hussain Sagar is involved in this application.The lake in question is one of the oldest fresh water lakes situated within the twin cities of Hyderabad and Secunderabad, built sometime in 1562. It was fed by Bulkapur canal which was a tributary of Musi river which is about 32 miles away from Hyderabad. It is not in dispute that supply of potable water to the people living in the residential area now called Secunderabad was the prime purpose for which it was originally built. Two rest houses built onthe banks of Hussain Sagar were converted into Hyderabad and Secunderabad Sailing Club. The water of the lake was not only being used for maintenance of public gardens, Sanjeevayya Gardens, but also for Railways and industry. Industrial pollution found its way in the lake in 1964. Although the lake is now said to be free from industrial pollution, it still suffers from ba...
T. Ramakrishna Rao Vs. Principal Secretary to Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(5)ALD299; 2001(4)ALT654
ORDERS.B. Sinha, C.J.1. These writ petitions involve a common question as regards the steps required to be taken by the respondents herein for the protection of the lake known as Hussainsagar in relation to ecology, pollution, environment and encroachment.2. Writ Petition No.21495 of 1998 is a Public Interest Litigation case taken up on the basis of a letter written by Sri T. Ramakrishna Rao, Advocate based on the news item 'Lakes which lack a saviour' published in the Indian Express dated 11-7-1998.3. The petitioner states that the 400 years old Hussainsagar lake which was originally spread over 1664 hectares for the purpose of supplying drinking water to the residents of Hyderabad and surrounding areas during 1864-1930 was now shrunk to nearly 350 hectares, due to encroachments both by the land grabbers and the State Government for formation of Necklace road and other slip roads, Buddha Poornima project.A star hotel has also encroached upon the lake and 25% of the lake on the western...
Srirama Engineers and Construction, Karimnagar District Vs. State of A ...
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(5)ALD169; 2001(5)ALT216
ORDER1. The petitioner filed this civil revision petition against the order dated 23-6-2000 made in IA No.1274 of 1999 in OS No.18 of 1995 on the file of the Principal Senior Civil Judge, Warangal in dismissing the application of the petitioner filed under Order 26, Rules 9 and 10-A read with Section 151 CPC for appointment of a Commissioner.2. The petitioner is the plaintiff in the said suit. He filed the suit against the respondents herein to declare the proceedings of the Superintending Engineer, Sreeramsagar Project, Construction Circle, Huzurabad dated 10-1-1992 in issuing final notice and the subsequent expulsion order dated 28-1-1992 as void and illegal, and to direct the respondents to pay the total claims quantified at Rs.197-36 lakhs. The suit filed by the petitioner is for settlement of his claim Nos. 1 to 10 mentioned in the plaint and for award of costs etc.3. The claims specifically stated in para 3 of the plaint are extracted below:Claim No Particulars of claimsClaim Amo...
D.V. Subba Reddy and ors. Vs. Tirupati Municipality and anr.
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: AIR2001AP464
S.R. Nayak, J. 1. Heard the learned counsel for the petitioners and Mr. K. Bathi Reddy, learned Standing Counsel appearing on behalf of the respondent-Municipality.2. The petitioners are the residents of Bairagipatteda village, Avilala GramPanchayat. Tirupati Rural Mandal Chittor District. In this writ petition, the petitioners have sought for a Mandamus declaring that the Tirupati Municipality, Tirupati - the first respondent herein has no jurisdiction to collect property tax from the petitioners and to pass such other order or orders as may be just. This relief is sought on the following factual assertions;The case of the petitioners to put it briefly is that the petitioners are all employees and ex-employees of Tirumala Tirupati Devasthanams (for short 'the TTD'). During, 1986-87 the administration of TTD had purchased a locality known as 'Bairagipatteda' comprising the land bearing Survey Nos. 241/1, 2 and 3 of Aviala village from the Endowments Department. Subsequently, the TTD, a...
Syed Muneer Vs. Chief Executive Officer and 5 ors.
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(4)ALD430; 2002(1)ALT386; 2001(2)LS321
S.B. Sinha 1. The question which arises for consideration in this appeal which is preferred from a Judgment and Order dated 16.4.2001 passed by a learned single Judge of this Court in W.P.No.7058 of 2001 is as to whether the writ petition should be entertained despite the fact that an alternative remedy is available under Section 83 of the Wakf Act, 1955 on the ground that the wakf in question is not a registered one.2.The fact of the matter lies in a very narrow compass. One Sri Syed Burhanuddin Ali Shah who was also known as Hazrat Syed Burhanullah Shah and who led his life as a Sofi died a century back leaving behind him inam land to an extent of 21 Acres 14 Guntas in S.No.139 situated at Zaheerabad, Medak district which is called Dargah Hazarat Burhan Ali Shah and Graveyard. He had two sons namely Syed Mohiuddin Ali Shah and Syed Nadeemullah Shah. While the appellant-writ petitioner belongs to the branch of Syed Nadeemullah Shah, 4th respondent herein belongs to the branch of Syedl...
Hindustan Coca-cola Beverages (P) Ltd. Vs. Authority Under A.P. Shops ...
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: (2001)IILLJ872AP
S.B. Sinha, C.J.1. All these Writ Appeals involving similar questions of fact and law were taken up forhearing together and are being disposed of by this common Judgment.2. The question which arises for consideration in these appeals is as regards the interpretation of the provisions of Section 49 of the A. P. Shops and Establishments Act (for short 'the Act') vis- a-vis the jurisdiction of the 1st respondent herein to entertain an application in terms of Sub-section 1 of Section 48 thereof.3. The admitted fact of the matter, before adverting to the question involved in these appeals, may be noticed:The appellant-company, a company registered and incorporated under the Indian Companies Act, with a view to expand its business activity had entered into a purchase agreement with respondents 3 and 4 herein who were essentially engaged in the sale and distribution of non-alcoholic beverages being manufactured and bottled by another company being Spectra Bottling Company Limited. Although th...
New Amruth Restaurant Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2002CriLJ3102
Satyabrata Sinha, C.J.1. This writ appeal is directed against a judgment passed by a learned Single Judge of this Court in W.P. No, 2203 of 2001 whereby and whereunder the writ petition filed by the appellant herein was dismissed. 2. The writ petitioner-appellant is a restaurant by name New Amruth Restaurant commonly known as Hotel Sridevi represented by its proprietor Y. Koteswari. 3. The petitioner filed an application for renewal of amusement licence for the year 1995, which was rejected. A writ petition was filed against the said order of rejection which was allowed and the said order of the learned Single Judge was challenged in an appeal and a Division Bench of this Court allowed the said appeal confirming the order passed by the authority. 4. Another application was filed by the petitioner on 15-12-1995, during the pendency whereof, several writ applications were filed before this Court, whereupon a Division Bench of this Court directed the respondents to consider the case of th...
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