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Andhra Pradesh Court April 2002 Judgments

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Apr 25 2002

Registrar, Special Court, A.P. Land Grabbing (Prohibition) Act, Hydera ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(3)ALD453; 2002(4)ALT105a

Ar. Lakshmanan, C.J.1. Perused the representation of the Registrar, Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as 'the Special Court'), dated 13-2-2002. The said representation was made (i) to call for the records from the Government in the Finance Department pertaining to the pay scales of the Chairman and Members bf the Special Court; (ii) to direct the Government to sanction scale of pay of Rs. 22,400-600-26,000/- per mensem to the post of the Member of the Special Court by amending Rule 3 of the Andhra Pradesh Land Grabbing (Prohibition) Special Court Chairman and Members (Conditions of Services) Rules, 1996 (hereinafter referred to as 'the Special Court Rules'); and (iii) to quash the notification issued by the Government of Andhra Pradesh in G.O. Ms, No. 629, Revenue (A&R;) Department, dated 12-8-1999 by which Rule 3 of the Special Court Rules has been amended. For appreciation of the case the relevant facts can be noticed as under...


Apr 25 2002

D. Viswanatha Reddy and Company, Kurnool Vs. Government of Andhra Prad ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(4)ALD161

ORDERV.V.S. Rao, J.1. The petitioner was the successful bidder in an auction conducted by respondents 2 and 3 for leasing out and reaches of 'Panchalingala, Nidjur and E. Thandrapadu' villages of Kumool Mandal. These sand reaches are located in river Tungabhadra, the main source of drinking water for a million residents of Kumool town. After accepting the offer of the petitioner at Rs. 1,15,20,000/-, the 3rd respondent entered into a lease agreement in Form GI appended to A.P. Minor Mineral Concession Rules, 1966 ('the Rules' for brevity). As per Clause (4) of the lease deed, the lease is for a term of the one year from 21-5-2001 to 20-5-2002. The lease is coming to an end by about 3 weeks time from now.2. There is an acute water shortage in Kurnool town for various reasons including the non-co-operation of the State of Karnataka in releasing the A.P. State's share of water as well as the pilferage of water by some of the farmers of Karnataka whose lands were situated near or abutting ...


Apr 25 2002

K.C.P. Limited, Vuyyuru, Krishna District Vs. Government of A.P. and o ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(3)ALD830; 2003(1)ALT551

Bilal Nazki, J.1. All these writ petitions raise common questions of fact and law and were heard together and as such they are being disposed of by this common judgment. For facts we would be referring to WP No. 10874 of 1996. Only one Counter has been filed by the respondents in WP Nos. 10874 of 1996, 10875 of 1996 and 10876 of 1996, that counter would be referred to while referring to the facts.2. The petitioners are companies under the Indian companies Act. All of them have distilleries to manufacture various grades of Industrial alcohol from molasses. In WP No. 10874 of 1996 it has been averred that the petitioner company utilizes molasses which is a bi-product in the manufacture of sugar. The petitioners are challenging the validity of the Andhra Pradesh Rectified Spirit Rules, 1971 as amended from time to time on the ground that they are illegal, arbitrary and ultra vires to the Constitution of India in so far as they are made applicable to the industries manufacturing, processin...


Apr 25 2002

R. Sunki Reddy and anr. Vs. Khaja JiyavoddIn and ors.

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(4)ALD365

B.S.A. Swamy, J. 1. Heard both the Counsel. This is a very harsh case. A young boy of 22 years of age died in a motor vehicle accident that took place in the year 1986 and the Counsel appearing for claimants who are the dependants of the deceased boy claimed only Rs.75,000/-as compensation under various heads and the Court awarded only Rs.20,500/-. Even under no fault liability the insurance company has to pay 15,000/-. From this it is seen that the Tribunal estimated the value of human being aged about 22 years only at Rs.20,500/-which is inhuman.2. Though CMA 898/88 was filed against the order of the Tribunal to themisfortune of the claimants the learned Counsel appearing for them has forgotten to pay batta to the respondents and the CMA was dismissed by the Deputy Registrar for non-payment of batta. Thereafter the claimants filed an application in CMP No.8303/99 four years after the dismissal of CMA for its restoration. The learned single Judge who heard the application dismissed th...


Apr 25 2002

Dr. R.S. Paroda and ors. Vs. A. Uma

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(4)ALD67; 2002(4)ALT124

Dr. AR. Lakshmanan, C.J. 1. This contempt appeal is directed against the order of the learned single Judge dated 25-1-1999 in CC No.1360 of 1997 holding the appellants as guilty of contempt of this Court for violation of order dated 3-12-1996 passed in WP No.29904 of 1995 and imposing the punishment of fine of Rs. 1,000/- on each of the appellants.2. This case has a chequered history. To have a proper understanding of the matter, it is necessary to briefly narrate the events that led to the passing of the impugned order by the learned single Judge.3. The respondent-writ petitioner herein is a post graduate in Science from Sri Venkateswara University, Tirupati and also completed M.Tech., in Chemistry from IIT, Delhi in the year 1993. Pursuant to a notification issued by the 3rd respondent inviting applications for holding a competitive examination for filling up of vacancies of scientists of ARS (Agricultural Research Services) and for other posts under Indian Council of Agricultural Re...


Apr 25 2002

K. Sreenivasa Rao Vs. Regional Director, Securities and Exchange Board ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: [2002]112CompCas327(AP)

L. Narasimha Reddy, J. 1. The petitioner filed this writ petition seeking a writ of mandamus declaring the transfer of Rs. 9.76 lakhs shares in Fenoplast Ltd. the 3rd respondent herein 'the Company' in favour of respondents 4 to 8 ('Haridass family'), as illegal and violative of Regulation 10 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 ('the Regulations') and seeks a consequential direction for restoration of those shares to the petitioner's family. 2. According to the petitioner, the company was floated in the year 1975 by three families, known as, Katta family, Haridass family and Gada family. The shareholding of these families was at 28, 25 and 47 per cent, respectively. The petitioner claims to belong to the Katta family, whereas respondents 4 to 8 are said to be from Haridass family. It is alleged that, as time passed by, the Haridass family started asserting and dominating over the other two families and ultima...


Apr 25 2002

Anantha Grameena Bank Staff Association Vs. Ananta Grameena Bank and a ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(5)ALD334

ORDERV.V.S. Rao, J.1. Ananta Grameena Bank Staff Association filed WP No. 12922 of 1992 praying for a declaration that the action of the respondents in equating the erstwhile senior Clerks of Anantha Grameena Bank with Clerks/Cashiers of Sponsor Banks by merging the categories of erstwhile Junior Clerks and Senior Clerks into one category of Clerk-cum-Cashiers and fitting them in the scale attached to the category of Clerks in Sponsor bank as arbitrary and illegal. A consequential direction to the Bank is also sought to fit the cadre and pay scales to erstwhile Senior Clerk-cum-Cashiers as on 22-2-1991 above the Clerk-cum-Cashiers in which the erstwhile Junior Clerks were also fitted by giving them the status, pay and other benefits on par with Special Assistants/Head Clerks in Sponsor Banks. WP No. 12926 of 1992 is filed by an employee of Anantha Grameena Bank, Anantapur, questioning the letter issued by Anantha Grameena Bank informing him that his promotion to the cadre of Senior Cle...


Apr 25 2002

D. Venkatramulu Vs. Inspector of Police, Vccsd

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(5)ALD682; 2002(2)ALT(Cri)198

ORDERV.V.S. Rao, J.1. This writ petition is filed praying for a writ of mandamus declaring the action of the respondent, namely, Inspector of Police, Vigilance Cell of Civil Supplies Department, Mababubnagar, in filing F.I.R. No. 61/VC.MBNR/2000 dated 24-6-2000, as illegal, void and without jurisdiction.2. The petitioner is proprietor of M/s. D.B.K. Traders, a dealer of Indian Oil Corporation at Gadwal. It is stated that the respondent conducted panchanama on 24-6-2000 and seized the stocks for alleged contravention of Clause 2(e)(i) of Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 (for short 'the Central Control Order') and Clauses 12(i) and (ii) and 25 of Andhra Pradesh Petroleum Products (Licensing and Regulation of Supply) Order, 1980 (for short 'the A.P. Control Order') and conditions 2, 5 and 6(i) of the Licence issued under A.P. Control Order read with Sections 7 and 8 of the Essential Commodities Act, 1955 ...


Apr 25 2002

East City Defence Personnel Welfare Association Vs. District Collector ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: 2002(6)ALD41

ORDERV.V.S. Rao, J.Introduction 1. The petitioner is an association statedly formed for the welfare of its members who purchased house sites/plots in a lay out known as East City. The third respondent herein in response to the representation ofthe petitioner dated 7.3.2000 informed that as per the instructions of the first respondent the plots comprised in S. Nos. 1 to 27, 29 to 41, 43 to 68, 70 to 74 and 79 to 87 of Rangapur Village, Bibinagar Mandal, Nalgonda District are Bhoodan Lands and therefore registration of documents in the above survey numbers is stopped from 15.3.1997. The petitioner was also informed that registration of documents in Rangapur Bhoodan lands shall not be entertained and the restrictions imposed by the District Collector cannot be withdrawn. This order is assailed by the petitioner as without power or authority and unconstitutional. Secondly, a direction to the respondents to accept the documents from the members of the petitioner-society seeking conveyance a...


Apr 25 2002

Sri Venkata Saasta Jewellers Vs. Commercial Tax Officer (intelligence) ...

Court: Andhra Pradesh

Decided on: Apr-25-2002

Reported in: [2003]129STC364(AP)

ORDERMotilal B. Naik, J.1. The petitioner, who is a merchant in gold and silver ornaments having business establishment in Parvathi-puram Town in Vizianagaram District, invoking jurisdiction under Article 226 of the Constitution of India approached this Court assailing the procedure adopted by the respondents on March 8, 2002 while searching his business premises and seizing the gold and silver articles from his business premises and also initiation of confiscation proceedings.2. According to the learned counsel for the petitioner, the business premises of the petitioner were inspected on March 8, 2002 by the respondents and it continued the whole of the night of March 8, 2002 and three orders have been passed on the same day, viz., relating to the seizure of the gold and silver articles, a notice proposing to confiscate the articles seized and the confiscation order. The learned counsel further submits that though the respondents are entitled to search and seize the articles, in so fa...


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