Andhra Pradesh Court December 2003 Judgments
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G. Raja Ram Vs. Government of Andhra Pradesh, Law Dept. and ors.
Court: Andhra Pradesh
Decided on: Dec-04-2003
Reported in: 2004(4)ALT472
ORDERV.V.S. Rao, J.1. The petitioner was appointed as Public Prosecutor for a period of three years from the date of assumption of charge in 1996. He assumed charge on 20-8-1996 as Additional Public Prosecutor of the court of Additional District and Sessions Judge, Chittoor. After expiry of the term, District Magistrate and Collector, second respondent continued the petitioner as Additional Public Prosecutor. Again the first respondent vide orders in G.O.Rt.No. 882 Law (Law & J-Courts.A.2) Department dated 29-6-2000 appointed the petitioner as Additional Public Prosecutor for a period of three years from the date of assumption of charge on 6-7-2000. The second term of three years as Public Prosecutor expired on 5-7-2003. The Government of Andhra Pradesh (GoAP) issued Memo No. 3709/L1/2002 dated 23-5-2002 directing all the District Collectors not to continue any Law Officer who is holding the office for the second term on expiry of the term of office. In pursuance of the said memo, the ...
M. Venkateswara Rao Vs. Bollisetty Bapanaiah and anr.
Court: Andhra Pradesh
Decided on: Dec-03-2003
Reported in: 2004(1)ALD(Cri)585; I(2005)BC167; 2004CriLJ2914
ORDERC.Y. Somayajulu, J. 1. This is an application by A3 in C. C. No. 1150 of 2002 on the file of the Court of V Addl. Metropolitan Magistrate, Vijayawada, to quash the said proceedings.2. 1st respondent filed the above case alleging that he subscribed to a chit being run by A1 company and after paying 28th instalment he became the highest bidder for Rs. 1,25,000/- and was given a cheque bearing No. 753845 dated 8-1-2000 for Rs. 3,75,000/- by A2 on behalf of A1 towards the amount payable to him and since he had no Bank account at Vijayawada and has a Bank account at Guntur, A2 and A4 convinced him that they would encash the cheque and send that amount to his Bank account at Guntur by way of transfer, took his signature on the reverse of the cheque, after assuring him that it would not be misused, but failed to send the amount, and so he made enquiries and came to know that the said cheque was encashed by A2 and A4 with the connivance of the petitioner, who is the Manager of the Bank an...
Teegala Mallesham Vs. Mandal Revenue Officer, Narketpalli Mandal
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: 2004(1)ALD263
ORDERL. Narasimha Reddy, J.1. The land of the petitioner in Sy.No.772 of China Narayanpur Village, Hamlet of Cheruvugattu, Narketpally Mandal, Naglonda District, admeasuring Ac.5-60 cents was acquired by the Government, for the purpose of providing house sites to the poor. Notifications under Sections 4(1) and (2) of the Land Acquisition Act (for short 'the Act') were published on 23-1-1992. An Award was passed on 23-3-1992, fixing the market value of the land at Rs. 15,000/- per acre and extending the statutory benefits. The petitioner was paid the amount of compensation on 16-4-1992.2. Not being satisfied with the amount of compensation, the petitioner sent an application, through registered post acknowledgment due, to the respondent, seeking reference under Section 18 of the Act to the Civil Court. The application was received on 18-5-1992. He did not comply with the request of the petitioner. Hence this writ petition.3. In the counter-affidavit filed by the respondent, it is stated...
Church Missionary Society Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: 2004(1)ALD392; 2004(4)ALT204
ORDERL. Narasimha Reddy, J.1. The petitioner challenges the notification issued by the 2nd respondent under Section 4(1) of the Land Acquisition Act (for short 'the Act') published on 29-9-2003 and the other proceedings pursuant thereto. Through the said notification, the 2nd respondent proposed to acquire an extent of Ac.22.85 cents in Sy.No.3/lB of Pinapaka Village, G.Konduru Mandal, Krishna District. The petitioner claims that it had acquired the land referred to above several decades ago, and is in possession and enjoyment of the same. The petitioner alleges that the land is sought to be acquired for the benefit of M/s. G.V.K. Group of Industries, a private limited company (for short 'the Company').2. Petitioner contends that it is impermissible for respondents 1 to 3 to acquire the land for the benefit of a private company, without following the procedure prescribed under Part VII of the Act. It alleges that one of the requirements in this regard is that the agreement entered into...
M. Sarojini Vs. Joint Commissioner, Endowments M.Z. Iii and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: 2004(1)ALD128; 2004(2)ALT90
ORDERV.V.S. Rao, J.1. This writ petition arises under Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) (hereafter called as 'the act'). The petitioner's husband was the tenant of premises bearing No. 1-3-1039 (Part), belonging to Sri Mudigonda Shankararadhya Mutt, Kavadiguda, Hyderabad. After the death of petitioner's husband in 1991, petitioner along with her three sons were continuing as tenants. The third respondent filed O.A.No. 80 of 1996 before the second respondent under Section 83 of the Act for eviction of petitioner. Petitioner allegedly approached the third respondent and proposed a compromise which according to the petitioner is still pending till 1999. The petitioner also sent a representation with compromise proposals.2. The second respondent by order dated 19.12.2002 declared the petitioner as an encroacher and directed her to deliver vacant physical possession to third respondent, failing which action under Section 84 ...
M. Madusudan Reddy Vs. M. Kamalamma and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: 2004(1)ALD260
ORDERL. Narasimha Reddy, J. 1. The petitioner is the plaintiff in OS No. 33 of 2001 on the file of the Senior Civil Judge, Nalgonda. He filed the suit against the respondents herein for specific performance of an agreement of sale dated 94-2001. The trial of the suit commenced. The respondents sought to rely upon an agreement of sale dated 30-3-1989. The petitioner objected to the admissibility of the document on the ground that the said agreement is nothing but a sale deed and was subject to stamp duty under Section 47A Indian Stamp Act (for short 'the Stamp Act1) as well as registration under the Indian Registration Act (for short 'the Registration Act'). The Trial Court received the same subject to objection, during the course of recording the evidence on 18-6-2003, and marked it as Ex.B1. Hence this revision.2. Learned Counsel for the petitioner Sri M. Venkatram Reddy, submits that though the document is described as an agreement of sale, it witnessed the receipt of substantial por...
Apsrtc Vs. K. Suseelamma and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: II(2004)ACC81; 2005ACJ559; 2004(1)ALD770; 2004(3)ALT570
Ghulam Mohammed, J. 1. All these appeals are filed by Andhra Pradesh State Road Transport Corporation (APSRTC) against the common order dated 19-2-2003 in O.P. Nos. 71, 75, 70, 78, 77 and 72, respectively, on the file of the Motor Accidents Claims Tribunal, Kurnool, fastening the liability on the appellant Corporation and exonerating the insurance company from its liability in respect of the accident caused on 2-11-2000. Hence, these appeals are clubbed and heard together and are being disposed of by this common judgment.2. The brief facts of the case are that the claimants filed the above OPs claiming compensation from APSRTC and insurer of the bus involved in the accident. On 2-11-2000 at about 9.30 p.m., near KM Stone 178/4 on the National Highway No. 7 when the claimants and the deceased were travelling in an auto bearing No. AP-21T-3070 from Gadwal to Dharmavaram Village, a bus bearing No. AP-21T-8333 driven by its driver in a rash and negligent manner dashed against the auto. All...
Gvk Industries Limited Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: 2004(1)ALD676
ORDERV.V.S. Rao, J.1. The writ petition is filed praying this Court to issue a writ of mandamus declaring the action of Respondent Nos. to 4 in not allocating additional quantity of gas of 0.30 MCMD (Million Standard Cubic Meters Per Day) on firm basis to the petitioner as illegal, arbitrary and unreasonable being violative of Articles 14 and 19(1)(g) of the Constitution of India, and also to set aside the decision of first respondent dated 21.11.2002 insofar as the same denies petitioner allotment of 0.15 MCMD on firm basis and further direct respondents to allot 0.15 MCMD of natural gas on the basis of 'first come first served principle'. To appreciate the controversy, it is necessary to briefly indicate the procedure adopted by Government of India (GOT) in Ministry of Petroleum and Natural Gas (MPNG) for allotting natural gas produced by Oil and Natural Gas Commission (ONGC) and distributed by Gas Authority of India Ltd. (GAIL). It is also necessary to notice the facts leading to fi...
C. Narayana Reddy Vs. Commissioner of Panchayat Raj and Rural Employme ...
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: AIR2004AP234; 2004(1)ALD757; 2004(2)ALT94
Devinder Gupta, C.J.1. The validity of Rule 9-W of A.P. Minor Mineral Concession Rules, 1966 as inserted by G.O. Ms. No. 1, Industries and Commerce (M) Department, dated 1,1.2001, is questioned in these two writ petitions. Hence they are heard together and decided by this common order.2. Sri C. Narayana Reddy, petitioner in W.P. No. 16710 of 2002 initially filed the writ petition, seeking to declare Rule 20(e) of A.P. Panchayat Raj (Auction of Sand in the Water Courses vesting in Gram Panchayat) Rules, 2000 passed in G.O. Ms. No. 71, Panchayat Raj and Rural Development (Pts.III) dated 29.2.2001 and Clause 8(III) of the Lease Agreement dated 29.7.2002 as invalid, inoperative and ultra vires the provisions of The Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act') and for a consequential direction to permit him to carry on quarrying operations without reference to the said Rules.3. It is relevant to note that by the date of filing of writ peti...
New India Assurance Company Limited Vs. K. Vijaya Laxmi and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2003
Reported in: I(2004)ACC602; 2004(3)ALD855; 2004(1)ALT641
ORDERN.V. Ramana, J. 1. Aggrieved by the order passed by the learned II Additional District and Sessions Judge, R.R. District refusing to summon Sri M. Sreehari, Assistant Sub-Inspector of Police, L.B. Nagar P.S. R.R. District, the present revision is preferred.2. Revision petitioner herein is the 1st respondent/insurance company in the O.P. (O.P. No. 31 of 1999) filed by the respondents herein under the provisions of Motor Vehicles Act seeking compensation. According to the revision petitioner, after filing of the counter in the main O.P., they came to know that the crime vehicle in question, which is insured with them, has been wrongly implicated by the respondents-claimants even though it did not cause the alleged accident. The revision petitioner alleged that the claimants and the owner of the vehicle have colluded together. Therefore, it is averred that the Investigating Officer, who investigated the crime in question i.e., Crime No. 6 of 1998, is an important witness as he will b...
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