Andhra Pradesh Court October 2002 Judgments
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Samudrala Venkateswar Rao, Managing Partner, Maruthi Traders Vs. Govt. ...
Court: Andhra Pradesh
Decided on: Oct-03-2002
Reported in: 2003(3)ALT677
ORDERS. Ananda Reddy, J.1. This writ petition is filed by the Petitioner questioning the order of the 3rd respondent confirming the order of confiscation of the seized essential commodities.2. The petitioner is the managing partner of the firm M/s. Hanuman Cotton Jinning, Dal and Groundnut Oil Mill (Maruthi Traders), Yerrupalem village and Mandal, Khammam District. It is stated that apart from the petitioner even the other partners were also having valid licenses to do business in edible oils, pulses etc., issued under the provisions of the Andhra Pradesh Scheduled Commodities (licensing and Distribution) Order, 1982 (hereinafter referred to 'the Control Order, 1982').The material on record shows that the Inspector of Police, Vigilance Cell, Civil Supplies Department, Khammam, on receipt of credible information that (the proprietor, as referred in panchanama, of) M/s. Hanuman Cotton Jinning, Dal and Groundnut Oil Mill, (Maruthi Traders), Yerrupalem village is indulging in clandestine b...
Government of A.P. and ors. Vs. Thota Jangaiah
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2002(6)ALD12; 2002(6)ALT56
Ar. Lakshmanan, C.J. 1. In a case where damages are caused to the private properties of a person leased out to the Government on account of the acts committed by the third parties, whether the lessor has any right to claim compensation or damages from the tenant-lessee for the loss sustained by him under the Public Law Remedy, is the question that arises for consideration in these two appeals filed against the order of the learned single Judge in WP No. 12679 of 1992.2. The parties will be referred to their status in the writ petition.3. The factual matrix of the case is that the petitioner had let out his house bearing No. 11-131/1 situate at Chandur village, Nalgonda District to the State for accommodating the Office of the Mandal Revenue Officer, Chandur. The tenanted building was burnt by the naxalites on 19.9.1990 resulting in damage to the slab and walls. The furniture and the records in the office were also burnt. He filed a petition before the Government for grant of compensati...
Government of Andhra Pradesh and ors. Vs. Chilla Ramarao and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2002(6)ALD299; 2003(1)ALT508
S.R. Nayak, J.1. This writ appeal preferred by the Government of Andhra Pradesh; the Commissioner of Survey, Settlements and Land Records; the Collector, Visakhapatnam District and the Mandal Revenue Officer, Visakhapatnam, the appellants 1 to 4 respectively, is directed against the judgment and order of the learned single Judge dated 29.8.2000 in Writ Petition No. 4174 of 1999. The above writ petition was filed by the respondents herein assailing the validity of the Government Order G.O. Ms. No. 793 Revenue (JA) Department, dated 13.10.1998. The learned Judge by the impugned order has set aside the said order of the Government.2. The dispute arises under the Andhra Pradesh (Andhra Area) Estate Abolition and Conversion into Ryotwari Act, 1948 (for short 'the Act') and relates to grant of ground rent patta in favour of the writ petitioners by the Commissioner of Survey, Settlements and Land Records by his order dated 26.5.1982 in respect of an extent of Ac.3.50 cts. in T.S.No. 52/1-B1, ...
Mohammed Ziaul HussaIn Vs. Apseb and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2002(6)ALD601; 2003(2)ALT169
ORDERT. Meena Kumari, J. 1. This writ petition has been filed for issuance of a writ of mandamus directing the respondents to bill the petitioner under agricultural tariff and revise the bills and refund the excess amounts collected from the petitioner.2. It is stated in the affidavit filed in support of the writ petition that the petitioner is availing supply of electricity from the A.P. State Electricity Board and he is running a small agricultural nursery, namely, 'Plants Land' adjacent to House No. 6-3-1104, Somajiguda, Hyderabad, over an extent of nearly one acre. He obtained agricultural connection bearing S.C.NoA4-7321 under L.T. Category-V more than 12 years ago. But, however, in February, 1995, the bill has been issued in the name of one lady, resident of Pochamma Basti, Begumpet with SC No. A1-7321 and it was brought to the notice of the Assistant Engineer, ERO-I, APSEB, Greenlands, Begumpet that prior to that bill, the bills were being issued by ERO-IV, Barkatpura in the cat...
Bolisetti Venkateswara Rao and ors. Vs. Nadakuditi Venkateswara Rao
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2002(6)ALD256; 2002(6)ALT103
Bilal Nazki, J. 1. These are two L.P.As filed against the common judgment of the learned single Judge in appeals A.S.No.538 of 1992 and Tr.A.S.No. 416 of 1993! The appeals were filed against the common order passed in O.S.No. 42 of 1987 and O.S.No. 46 of 1987 decided by the Subordinate Judge, Tenali. A.S.No.538/92 arose against the judgment in O.S.No. 42/87 whereas the judgment in O.S.No. 46/87 gave rise to Tr.A.S.No. 416/93. We will be referring to the parties as 'plaintiff and 'defendants' as they appear in the suit for specific performance.2. The plaintiff filed a suit for specific performance of an agreement and wanted the defendants to execute the sale deed whereas the defendants claimed that the plaintiff was their tenant and they filed a suit for recovery of possession and determination of tenancy. The suit for specific performance was decreed and the suit filed by the defendants for recovery of possession was dismissed. Therefore the defendants filed both the appeals before the...
N. Santosh Vs. Indian Overseas Bank and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2003(1)ALD245; II(2003)BC637; [2003]115CompCas616(AP)
ORDERL. Narasimha Reddy, J.1. The petitioner, who holds a Savings Bank Account in the 1st respondent, seeks a writ of mandamus, declaring the action of the respondents (hereinafter referred to as 'the bank'), in refusing to allow the petitioner to withdraw the amount in his account as illegal, arbitrary and unjustified and seeks a consequential direction to the bank to permit him to operate the same.2. In the affidavit filed in support of the writ petition, it is stated that the petitioner is a B.Com (Hons.) Graduate. Having completed the same in early 2002, he has been making efforts to undertake higher studies abroad, particularly in Switzerland, Australia or New Zealand. He states that he has passed some of the tests needed for such studies, conducted by the University of Cambridge, British Council, etc., and that he received offers from various countries, one such being from Switzerland.3. It is the case of the petitioner that since his studies abroad would need lot of expenditure,...
M. Narasimha Reddy and ors. Vs. K. Vinobha Devi and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2002(6)ALD713
ORDERDalava Subrahmanyam, J.1. The revision petitioners, who are the defendants 2 to 4 in the suit, filed the revision against the common judgment in OS No.294, 300, 301 and 302 of 1995 on the file of the Junior Civil Judge, Medchal, Ranga Reddy District in decreeing the suit with costs and directing the revision petitioners to restore the possession of the suit schedule plots.2. The brief facts leading to the filing of the revision are as follows:The respondents, plaintiffs in OS Nos. 294, 300, 301 and 302 of 1995 on the file of theJunior Civil Judge, Medchal, filed the above suits praying for recovery of possession of the suit schedule property from the defendants in respect of the suit property in S. Nos. 30, 31 and 33 of Nagaram village, Keesara Mandal, Ranga Reddy District. The plaintiffs contended that late Kishan Rao Deshpande and his sons Dr. Nagaraj Deshpande and 6th defendant were the pattedars of the land including the suit schedule lands situated at Nagaram village. M.Pochi...
M. Vittal Vs. Disciplinary Authority and Regional Manager, State Bank ...
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2002(6)ALD587; 2002(6)ALT499; (2003)ILLJ811AP
Ar. Lakshmanan, C.J.1. Heard both sides and perused the impugned judgment passed by the learned single Judge and the entire records of the disciplinary authority.2. Learned Counsel for the appellant contended that the learned single Judge ought to have held that the appellant was not provided with adequate opportunity to put forth his defence during the course of inquiry in view of the fact that on the last day of enquiry proceedings, immediately after the closure of oral evidence on behalf of the management, the Enquiry Officer, without directing the appellant to lead his evidence in defence, if any, only sought some clarifications from him and closed the proceedings. He would further urge that the learned Judge has failed to consider that refusal of permission to the appellant to lead evidence after conclusion of the presentation of case on behalf of the Management is by itself non-compliance of the procedure as contemplated under the provisions of the Bipartite Settlement existing b...
National Insurance Company Limited Vs. Nooti Venkateswarulu and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2003(1)ALD771
V.V.S. Rao, J. 1. This appeal is filed by the National Insurance Company Limited aggrieved by the Award of the Motor Vehicle Accidents Claims Tribunal-cum-the Court of District Judge, Ongole, passed in O.P. No. 509 of 1992, dated 30-5-1996.2. Brief facts of the case are as follows. One Sri Nooti Venu met with an accident on 26.8.1992 involving lorry bearing No. AP 16T 0775 which was driven by the driver in rash and negligent manner. He died in the accident. The claimants therefore filed the O.P. before the Tribunal claiming compensation of Rs. 80,000/-. The O.P. was opposed by the Insurance Company inter alia on the ground that the deceased was unauthorised passenger in the goods vehicle and therefore, the claim does not cover under the insurance policy. The Tribunal rejected the contention of the Insurance Company and awarded a sum of Rs. 39,000/- with interest at 6% per annum from the date of petition till the date of the Award, at 12% per anum from the date of the Award till 29.8.19...
Yadiki Venkatalakshamma and ors. Vs. Chindanur Indiramma and ors.
Court: Andhra Pradesh
Decided on: Oct-01-2002
Reported in: 2003(2)ALD270
P.S. Narayana, J.1. Heard Sri R. V. Prasad, the learned Counsel for the appellants, Sri Nagender Reddy representing Sri A. Prabhakar Sarma, Counsel representing the 1st respondent and Sri R.N. Hemendernath Reddy, Counsel representing 2nd respondent.2. The short and the only question which had been elaborately argued in this appeal is in relation to item No. 1 of the plaint A schedule i.e., a bus route permit and whether such permit is capable of partition in between the mother and the daughters. Except this question, no other question had been raised by the Counsel on record.3. The respective pleadings of the parties are as specified hereunder:4. It was pleaded in the plaint that the suit properties are the exclusive properties of the late Yadiki Krishnaiah S/o. Hanumanthaiah of Penukonda. The said Krishnaiah died on 13-9-1965 leaving behind him his wife - 1st defendant, his daughters -the plaintiff and defendants 2 to 6, and except the plaintiff and defendants 2 to 6 none others would...
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