Andhra Pradesh Court October 2002 Judgments
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Sheela Srinivas Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Oct-31-2002
Reported in: 2002(6)ALD585; 2002(6)ALT700
ORDERL. Narasimha Reddy, J.1. The petitioner is a Rice Miller. He challenges the seizure of various quantities of paddy and rice effected by the 2nd respondent through Panchanama dated 10-10-2002. It is the contention of the petitioner that the 2nd respondent, who has effected the seizure, has no jurisdiction and there was gross misuse of power on his part in effecting the seizure, which resulted in dislocation of the functioning of the mill and the business.2. When the writ petition came up for admission on 24-10-2002, the learned Government Pleader for Civil Supplies has taken time to obtain instructions and to produce the records. Accordingly, the learned Government Pleader has argued the matter on the basis of the instructions and placed the relevant record before this Court.3. Through the Panchanama dated 10-10-2002, the 2nd respondent has effected seizure of 549 bags of paddy weighing 384.30 quintals and 440.70 quintals of rice. The petitioner alleges that in view of the notifica...
Bantu Saidulu Vs. T. Ramesh and ors.
Court: Andhra Pradesh
Decided on: Oct-31-2002
Reported in: 2002(6)ALD445; 2003(2)ALT176
S.R. Nayak, J. 1. This writ appeal is preferred by the appellant herein, who is nota party to the order impugned in this writ appeal, by seeking leave of the Court. 2. The writ appeal is directed against the order of the learned single Judge dated 12-4-2002 passed in Writ Petition No. 1674 of 2002. The above writ petition was filed by respondents 1 to 12 herein who are the Councillors of Miryalaguda Municipality. In the writ petition, the action of the Revenue Divisional Officer, Miryalaguda, the 13th respondent herein, terminating the meeting fixed on 29-12-2001 was assailed as illegal, arbitrary, capricious and against the procedure laid down under Sub-sections (3), (4), (5) of Section 46 of the A.P. Municipalities Act, 1965 (for short 'the Act') and for consequential directions to the official respondents to conduct the meeting of 'no confidence' on the motion moved by the writ petitioners and others. The appellant herein is the Vice-Chairman of the Miryalaguda Municipality against ...
Sheelam Raji Reddy Vs. Samudrala Bixmaiah and anr.
Court: Andhra Pradesh
Decided on: Oct-31-2002
Reported in: 2002(2)ALD(Cri)846; 2003(1)ALT(Cri)45; [2003]113CompCas517(AP)
C.Y. Somayajulu, J. 1. The short, but important, point for consideration in this petition is whether the period of limitation of six months prescribed by section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), begins from the actual date of drawal of the cheque or from the date which is found on the cheque.2. The first respondent filed C.C. No. 299 of 2001 on the file of the Court of the Judicial First Class Magistrate, Special Mobile, Nalgonda, against the petitioner, alleging that on July 7, 2000, the petitioner, accepting the liability of Surender Reddy to discharge the loan due to him from Surender Reddy, had issued two post-dated cheques dated March 28, 2001, for Rs. 75,000 each and requested him to collect the amount by encashing the cheques, and accordingly on March 28, 2001, he presented the said cheques to the bank, but those cheques were returned for want of funds on August 21, 2001, and so he issued a statutory notice to the petitioner but the petitioner d...
United India Insurance Company Limited Vs. Y. Chandra Rao and anr.
Court: Andhra Pradesh
Decided on: Oct-31-2002
Reported in: 2003(2)ALD267
V.V.S. Rao, J.1. A short, but interesting, question arises for consideration in this appeal filed by the United India Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The appeal is filed aggrieved by the judgment dated 19.12.1996 in O.P.No.240 of 1992 passed by the Motor Vehicle Accidents Claims Tribunal-cum-the Court of II Additional District Judge, Cuddapah awarding a sum of Rs.10,000/- to the first respondent herein as compensation for the damage caused to jeep bearing NO.ADD 240.2. The first respondent's jeep was damaged in an accident involving bus owned by the second respondent herein on 9.12.1991. The accident occurred, as found by the lower Tribunal, due to rash and negligent driving of the driver of the APSRTC bus. The Tribunal recorded a finding that under Ex.B. 1 policy, the insurer, the appellant herein, with whom the jeep was insured, is also liable to pay the damages. An amount of Rs. 10,000/- was awarded for the damage c...
Gudimetla Narasimha Murthy and ors. Vs. Government of A.P., Revenue De ...
Court: Andhra Pradesh
Decided on: Oct-31-2002
Reported in: 2002(6)ALT344
ORDERGoda Raghuram, J.1. The 16 petitioners claim to have been granted pattas by the Settlement Officer, Peddapuram (now at Visakhapatnam) under The Andhra Pradesh Muttas (Abolition and Conversion into Ryotwari) Regulation, 1969 (for short 'the Regulations') in file No.3123/A/1 dated 2-2-1975. Pursuant to the pattas asserted to have been granted to them, the petitioners applied for permission to cut the tree growth in the lands in respect of which they were granted pattas in Sy. Nos. 33/1 to 33/16 of Puttaganti village of erstwhile Yellavaram Taluk, presently situated in Y. Ramavaram Revenue Mandal of E.G. District, in an extent of Ac. 335.33 gts. As the applications made in this behalf were not responded by the District Collector, E.G. District the petitioners filed W.P. No. 14272/86 for appropriate relief.2. In the above writ petition the D.F.O. filed a counter-affidavit dt 27-2-1987. This counter asserted that appeals dt. 17-9-1978 were filed against the grant of pattas in favour of...
Dr. C.S. Subba Rao and anr. Vs. the Secretary to Government of Andhra ...
Court: Andhra Pradesh
Decided on: Oct-30-2002
Reported in: I(2003)ACC521; II(2003)ACC292; AIR2003AP59; 2002(6)ALT458
B. Sudershan Reddy, J.1. Dr. (Prof.) C.S. Subba Rao and Mr. S.N. Rao, practicing advocates of this Court invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India in purported public interest and accordingly pray for issuance of appropriate directions directing the respondents herein to implement the provisions of Sections 128 and 129 of the Motor Vehicles Act, 1988 (for short 'the Act') requiring compulsory wearing of protective headgear (helmet) by two wheeler drivers and pillion riders. 2. In the letter addressed to the Honourable the Chief Justice, Mr. Rao (first petitioner) inter alia states that 'due to non-wearing of helmets every month hundreds of two wheeler riders are dying in Hyderabad city and in rest of the State. So this mandatory provision of the Motor Vehicles Act must be strictly implemented forthwith.' 3. The petitioners further state that two wheeler vehicle is very vulnerable as its balance can be tilted with a slight touch b...
United India Insurance Company Limited Vs. Toorupu Vijaya and ors.
Court: Andhra Pradesh
Decided on: Oct-30-2002
Reported in: 2003(5)ALD640
V.V.S. Rao, J. 1. All these CMAs., Cross-objections and the CRP can conveniently be disposed of by this common judgment as they involve common questions of fact and law.2. Briefly stated the facts are as follows: On 22.1.1994 a group of persons from Vannel (B) Village in Armoor Mandal, were going in a jeep bearing No. AIL 4948 to Armoor to give representation to the Depot Manager of A.P. State Road Transport Corporation (APSRTC) for bus conveyance to that village. When the jeep reached the outskirts of Sirampur Village, a lorry bearing No.AP 25/T 1177, it was alleged, came in rash and negligent manner and dashed against the jeep. As a result of the accident 11 persons died instantaneously and two persons received injuries. The injured as well as the dependents of the deceased filed as many as 12 OPs before the Motor Vehicle Accidents Claims Tribunal-cum-the Court of District Judge, Nizamabad, being OP No. 61 of 1994 and Batch.3. 3. The jeep was insured with the United India Insurance C...
Madanapalle Municipality Vs. Syed Ahamad and ors.
Court: Andhra Pradesh
Decided on: Oct-30-2002
Reported in: 2003(1)ALD729; 2003(1)ALT491
ORDERG. Bikshapathy, J. 1. This revision petition is filed against the order, dated 2.11.2001 passed by the learned Senior Civil Judge, Madanapalle in I.A. No. 847 of 2000 in O.S. No. 32 of 1999.2. The petitioner is the 7th defendant in O.S. No. 32 of 1999. Respondents 1 and 2 herein filed the said suit for declaration of title and other connected reliefs. The defendants including defendant No. 7, who is the petitioner herein filed their written statements. When evidence was to commence, the petitioner herein, who is the 7th defendant, filed an application in LA. No. 847 of 2000 under Order VIII Rules 1, 6 and 9 CPC seeking to receive additional written statement in which the plea of declaration of title as a counterclaim was raised, by condoning certain delay. The said application was resisted by the respondents herein and the Court below dismissed the application by order dated 2.11.2001, against which the present revision petition is filed by the petitioner-Madanapalle Municipality,...
Ch. Lakshmi Narayana and anr. Vs. Director General and Inspector Gener ...
Court: Andhra Pradesh
Decided on: Oct-30-2002
Reported in: 2003(2)ALT196
ORDERJ. Chelameswam, J.1. The writ petition is filed with the prayer as follows:'For the reasons stated in the accompanying affidavit, the petitioners herein prays that his Court may be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 4th respondent i.e. the Sub-Inspector of Police, Bhadrachalam Town Police Station, Bhadrachalam, Khammam District, in registering the FIR No. 163/2002 dt. 17-10-2002 under SC and ST Atrocities Act, 1989, at the instance of the 3rd respondent i.e. the Deputy Superintendent of Police, Bhadrachalam, Khammam District, including the Chairman of the Brilliant Educational Society of Technology, (A Christian Minority Society) Regd. No. 126/97, Sarapaka, Bhadrachalam, Khammam District, though the de facto complainant who is the 5th respondent herein belongs to BC 'C' community (Adi Andhra Christian which is not SC community) as illegal and void and quash the same consequently to direct the 3r...
Chavali Anjana Devi and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-29-2002
Reported in: 2003(1)ALD13; 2002(6)ALT656
ORDERB. Prakash Rao, J.1. The petitioners filed this writ petition seeking a writ in the nature of mandamus assailing G.O. Rt. No. 120, Irrigation and Command Area Development (PW.NSP) Department, dated 17.2.1999 issued by the first respondent as illegal and for a direction to implement the orders in G.O. Rt. No. 1483, Revenue (LA) Department, dated 29.11.1995 issued by the 2nd respondent. 2. Heard Sri M.V.S. Suresh Kumar, learned Counsel appearing for the petitioners and the learned Government Pleader for Land Acquisition, appearing for the respondents. 3. The petitioners claim that one Kotari Venkateswarlu, the father of the petitioner No. (l), Kotari Venkataramaiah, the father of the Petitioners 2 to 6 and Smt. Chavali Ramanamma, the mother of the Petitioners 7 to 11 were the absoluteowners and possessors of the land in Sy.No.82/1B2 ad measuring Ac.10.98 Cents situated at Maridipalem Village, Ongole Mandal, Prakasam District. The said land was acquired for the purpose of constructio...