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Andhra Pradesh Court January 2002 Judgments

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Jan 23 2002

A. Rajakaran Reddy and ors. Vs. N.T.R. University of Health Sciences a ...

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(2)ALD290; 2002(1)ALT443

1. The writ petitioners - four in number invoke the extraordinary jurisdiction of this court under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus or any other appropriate writ 'to set aside the admission into Post Graduate Medical Courses in Osmania/Kakatiya Area Medical colleges for the academic year 2001-2002 as violative of A.P. Educational Institutions (Regulation of Admissions) Order, 1974; and consequently direct the respondent-University to make admissions in accordance with the A.P. Educational Institutions (Regulation of Admissions) Order, 1974 duly reserving 85% of the seats in the each college in Osmania University and Kakatiya University area Medical Colleges for the academic year 2001-2002.....'2. Before adverting to the question as to whether the issue requires any interference of this court in the matter of admissions already made by the Post Graduate Selection Committee 2001-2002, the relevant facts perhaps in detail may have to be n...


Jan 23 2002

D. Surender Reddy and ors. Vs. State of Andhra Pradesh Represented

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(1)ALD(Cri)351; 2002(1)ALT(Cri)419; 2002CriLJ2611

ORDER1. This Criminal Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in CC.No.87/2001 on the file of the XXII Metropolitan Magistrate:Cum:Mahila Court, Hyderabad. The petitioners herein are the accused against whom a charge sheet is filed for the offence under Section 498-A of Indian Penal Code for subjecting Smt.D.Manisha Reddy to cruelty who is the wife of the 1st petitioner and daughter in law of the 2nd and 3rd petitioners.2. The facts in brief of the prosecution are as follows: - On 17/10/2000 at 11-10 hrs Banjara Hills P.S. Hyderabad City received a telephone message from Apollo Hospital, Jubilee Hills, that one patient by name Smt.D.Manisha Reddy, D/o.D.K.Samarasimha Reddy R/o. Banjara Hills, Hyderabad, has been admitted in the hospital in an unconscious state alleged to have swallowed 30 tablets of 0.5 mg Aparazorom 'Restyl' at her residence at 6-00 p.m. and on that information the Sub Inspector of Police rushed to the Apollo Hospital an...


Jan 23 2002

Mvp Social Workers Association Vs. Visakhapatnam Urban Development Aut ...

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(1)ALD854; 2002(2)ALT297

Ar. Lakshmanan, C.J.1. The petitioner-association, claiming to be a registered Social Workers Association, MVP Colony, Visakhapatnam, formed in the year 1993 with the object of doing social service and to strive for better standards of life, filed this writ petition as a Public Interest Litigation challenging the action of the 1st respondent in permitting the 4th respondentto make a permanent construction near VUDA Park at Visakhapatnam beach line to establish an electronic and video games complex (amusement park), on the ground that it affects the environment of the Coastal Zone of Visakhapatnam city and violative of the provisions of Environment (Protection) Act, 1986.2. The petitioner has sought for a mandamus declaring the action of the 1st and 4th respondents in making constructions in the name of MGM Dizzy World or in any other name, scheme or plans within the area of 200 metres from the High Tide Line (HTL) of the sea in Visakhapatnam and for any commercial purpose as arbitrary,...


Jan 23 2002

Forum for a Better Hyderabad Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(2)ALD84; 2002(2)ALT501

Ar. Lakshmanan, C.J. 1. The Forum for Better Hyderabad represented by its Member is the petitioner in this writ, petition. 2. The writ petition by way of Public Interest Litigation was filed for a declaration that Rule 13-A of Urban Development (Hyderabad) Rules, 1975 as unconstitutional and arbitrary and also for a further declaration that the draft notification! issued by the 1st respondent-Government of Andhra Pradesh in G.O. Ms. No.363, MA and Urban Development Department dated 23-8-1995 regarding the change of land use in TS.No. 5/2 (Part) Block No. B, Ward No. 80 (Buddha Poornima Project Land) of Khairatabad village as unconstitutional arbitrary and violative of the provisions of Environment (Protection) Act, 1986 and set aside the same declaring that no commercial activity and structures can come up in the area covered by the aforesaid G.O. and consequently direct the respondents to remove all the structures in the area covered by the G.O. 3. G.O. 363 dated 23-8-1995 issued by t...


Jan 23 2002

Venu Reddy Chandrasekhara Reddy Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(2)ALD349

1. This is a revision under Section 21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Act').2. The petitioner filed declaration as required under Section 8 of the Act in respect of the lands held by him. The Land Reforms Tribunal, Nellore (hereinafter referred to as 'the Tribunal') decided that the petitioner holds 1.2593 Standard Holdings of land in excess of ceiling limits. The matter was carried in appeal before the Land Reforms Appellate Tribunal, Nellore (hereinafter referred to as 'the Appellate Tribunal'). Thereafter the petitioner filed CRP No.4206/92 in this Court. One of the controversies in that revision was whether the land admeasuring Ac.22-00 covered by agreement of sale dated 2-1-1971 was liable to be excluded from the holding of the petitioner. Since there was no definite finding as to whether it was the declarant or the agreement holder that was in possession of the said land, this Court, through orders dated 24-6...


Jan 23 2002

A. Srinivas Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(2)ALD402; 2002(2)ALT268

Ar. Lakshmanan, C.J.1. This writ petition was filed by the petitioner who was practising as Chartered Accountant praying for issuance of a writ of mandamus declaring G.O. Ms. No.194 dated 19-10-2000 issued by the Secretary to the Government of A.P., Youth Advancement, Tourism and Culture Department as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and to set aside the same and to pass appropriate orders that may be deemed fit in the circumstances of the case.2, By this petition, the petitioner challenged the action of the respondents in seeking to establish the commercial ventures like theatre, shopping complex etc., in the park known as NTR Gardens, opposite to Hussain Sagar lake. The Government had earlier taken a decision to declare 55 acres of Buddha Purnima Project area as NTR Gardens in 1996 vide GO 44 dated 2-2-1996. Subsequently, this area was developed into a full-fledged park investing huge amount of public money. When this park area was s...


Jan 23 2002

Mohd. Younus Vs. Barad Lingusa

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(5)ALT523

ORDERDubagunta Subrahmanyam, J. 1. The defendant in O.S.No.6 of 2000 is the revision petitioner. He is the tenant of the plaintiff in the said suit. The plaintiff filed the suit for recovery of arrears of rent as well as for eviction of the tenant. Notice under Section 106 of the Transfer of Property Act is said to have been issued to the defendant before filing the suit. During the pendency of the suit, the plaintiff filed a petition under Section 151 C.P.C., seeking a direction to the defendant to deposit monthly rent of Rs.2025=00 from February, 2000, onwards till the disposal of the suit. It is the case of the defendant that the monthly rent is Rs.1325=00 only. In the interim application, it is not desirable to decide the quantum of rent agreed to between the parties concerned. As the quantum is disputed, it will fall for consideration at the time of final disposal of the suit. The learned District Munsif allowed I.A.No.17 of 2000 by his order dated 7.6.2001. He directed the defend...


Jan 23 2002

T. Sree Rama Murthy and ors. Vs. Special Officer (District Collector, ...

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(2)ALD731

ORDERP.S. Narayana, J. 1. The petitioners filed this writ petition for issuance of a writ, order or direction declaring the action of the 4th and 5th respondents in disconnecting the supply of electricity at the instance of the 1st and 2nd respondents as arbitrary, mala fide and illegal, unfair and unjust and further direct them to supply electricity to the Saw Mills of the petitioner without acting on the instructions of the first respondent and to pass such other suitable orders.2. The case of the petitioners, as narrated in the affidavit, is that one GullapalliMohan Rao owns an extent of Acs. 2-38 gts., of land in Osmansahebpet, within the limits of Nellore Municipality, which is in the Industrial Zone, and after getting approval of the plans from the concerned authorities, he leased out all the plots to various persons including the petitioners 1 and 2 for running their Industrial Units in the said plots and at present, there are eight Industrial Units, the details of which had bee...


Jan 23 2002

Ravu Elizebeth Rose Vs. Anguluri Munemma

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(3)ALD713

Dubgunta Subrahmanyam, J. 1. This revision petition is filed by the landlord - decree holder in RCC No. 83 of 1986 on the file of the Rent Controller-cum-Principal District Munsif, Rajahmundry. 2. The brief admitted facts necessary for the disposal of this revision petition are as follows. The revision petition filed RCC No. 83 of 1986 against Jala Narayanamma seeking her eviction on the ground of wilful default in payment of rent and also on the ground of bona fide requirement for personal occupation. The landlord filed IA No. 1575 of 1987 under Section 11(4) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called as 'the Act'). The said petition was allowed on 13-10-1987 directing the tenant to deposit arrears of rent by 31-10-1987 failing which the tenant shall put the landlord in vacant possession of the petition schedule premises. The tenant did not pay the arrears. The tenant filed IA No. 2724 of 1987 to review the orders passed by the Rent Controll...


Jan 23 2002

Ganta Anji Reddy Vs. Chunduru Srihari Rao and anr.

Court: Andhra Pradesh

Decided on: Jan-23-2002

Reported in: 2002(3)ALD824

ORDERDubagunta Subrahmanyam, J.1. The first respondent-tenant in RCC No. 74 of 1980 on the file of Rent Controller-cum-Principal District Munsif, Guntur, filed this revision petition aggrieved by the order dated 2-5-1992 in RCA No. 30 of 1986 on the file of Principal Subordinate Judge, Guntur, setting aside the order dated 17-3-1986 of the Rent Controller in RCC No. 74 of 1980. The revision petition against the second respondent Chunduru Krishna Murthy was dismissed for default as per order dated 20-2-1998.2. Facts leading to the filing of this revision petition briefly are as follows:The first respondent in this revision petition Chunduru Srihari Rao and the second respondent are own brothers. The first respondent herein filed RCC No. 74 of 1980 seeking eviction of the revision petitioner. He pleaded in his application that he took on rent the petition schedule premises and adjoining premises from the second respondent Krishna Murthy and thereafter sublet the petition schedule premise...


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