Andhra Pradesh Court May 2003 Judgments

Yalla Satyanarayanamma and ors. Vs. Govt. of A.P., Irrigation Dept. an ...

Court: Andhra Pradesh

Reported in: 2003(3)ALT748

ORDERN.V. Ramana, J.1. The petitioners invoked the extraordinary jurisdiction of this Court praying for a writ of mandamus declaring the action of the respondents in taking away the Handle and Oil Supply Pipe of the Oil Engine used by the petitioners for drawing water from Sluice No. 11 of Kazuluru No. 2 Channel for irrigating their lands in an extent of Ac.12-04 cents, situated in Sy. Nos. 562/1 & 2, 563/3 & 4 and 564/1 & 3 of Kazuluru Village and Mandal, East Godavari District, as illegal and arbitrary.2. The petitioners claim that their lands are located on an upper level, and that they are irrigating them by drawing water from Kazuluru No. 2 Channel, which flows from Vella North, by the use of Oil Engines. About Ac.80-00 of land belonging to different ryots is being irrigated through the water drawn from Sluice No. 11. According to the petitioners, about 30 years back, they got dug a small tank in Sy. No. 564/3 in an extent of Ac.0-50 cents and drawing water into it through a bodi ...

Revenue Divisional Officer and anr. Vs. M. Bapaya Reddy and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALT672

ORDERG. Yethirajulu, J.1. These review petitions are filed by the Land Acquisition Officer (Revenue Divisional Officer), Anantapur (LAO) praying to review the common order of a Division Bench of this Court dt. 27-10-1998 delivered in A.S.No. 3392 of 1992 preferred against the order of the Principal Sub-Court, Anantapur in O.P.No. 407 of 1987 dated 27-3-1992 on a reference made by the LAO under Section 18 of the Land Acquisition Act ('the Act' for brevity) at the request of the owners of the lands having regard to the acquisition of an extent of Ac.95-13 cents land vide Award No. 1/86 dated 31-1-1986 passed by him.2. The LAO acquired the land, which is situated in Anantapur Municipality, for construction of houses for lower and middle-income group people by the A.P. Housing Board. The land belongs to 427 owners. The District Collector, Anantapur issued Section 4(1) notification on 12-3-1980 and Section 6(1) notification was published on 21-3-1980. The LAO in his award dated 31-1-1986 fi...

Miriyala Krishnaiah Vs. Branch Manager, Sbi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant in C.D. No. 206/2002 on the file of District Forum, Nellore is the appellant. His case is that he handed over shipping documents relating to export of 10.5 tons of Mica Powder and shipped to Lahavra (France) on 13.6.2001, by M.V. Heimar J.V. 59 which left the port of Madras on 13.6.2001 for collection of 3150 U.S. Dollars from the foreign buyer Santi Cobin Quartz, Service Archats, 108 Avenue Carnet, 77140 St. Pierrs Las Nemours, France. The opposite party accepted to deliver the documents to the foreign buyer by collecting the amount of 3150 U.S. Dollars. Curiously the opposite party delayed the delivery of the document and finally returned the same to the complainant with a lame excuse on 27.7.2001 taking 39 days for returning the document. Even the name of the Banker of the buyer is not noted in the document which is most unusual and exceptional. Therefore, the complainant approached the District Forum for the loss sustained by him....

St. John's Church Education Society, Rep. by Its Chairman, Mr. W.D. Fr ...

Court: Andhra Pradesh

Reported in: 2003(5)ALT298

Bilal Nazki, J. 1. Three suits were decided by the III-Addl. Judge, City Civil Court, Secunderabad by a common judgment. O.S. No. 521 of 1986 was decreed in favour of the plaintiffs, O.S. No. 1271 of 1984 and O.S. No. 613 of 1988 were dismissed. CCCA No. 11 of 1997 was filed by the defendants in O.S. No. 521 of 1986. Another appeal being AS No. 14 of 1997 was filed by the plaintiff in O.S. No. 1271 of 1984 before the Additional Chief Judge, City Civil Court, Secunderabad, which was transferred to this Court and numbered as Tr.CCCA No. 89 of 1998, as the judgment in both the cases is common. No appeal has been preferred against the judgment in O.S. No. 613 of 1988. The parties will hereinafter be referred to as 'plaintiffs' and 'defendants'.2. In the first instance we take the case in O.S. No. 521 of 1986. This suit was filed for a declaration that the St. John's Church High School was started by the 3rd plaintiff and all the assets and properties of the said school vested in the 1st pl...

St. theresa's Tender Loving Care Home and Ors. Vs. P. Jamuna and Ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD36; 2003(4)ALT337

Devinder Gupta, C.J.1. These petitions filed under Article 227 of the Constitution of India seeks to have the Common Order dated 11.4.2002 passed by the learned Judge, Family Court, Hyderabad in I.A.Nos.435 of 2002 and batch set aside whereby the Interlocutory Applications filed by the unofficial respondents hereinunder Order 1, Rule 10 of the Code of Civil Procedure to implead them as parties to the main Petitions, filed under Section 7 of Guardians and Wards Act, were allowed. Since common questions arose for consideration, all the petitions were heard together and are being disposed of by this Common Order. 2. St. Theresa's Tender Loving Care Home, Sanathnagar, Hyderabad - Petitioner No. 1 is a Society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act. As a part of its social activities, it runs an Orphanage at Sanathnagar, Hyderabad. The Supreme Court in Lakshmi Kant Pandey v. Union of India, : [1984]2SCR795 , laid down the normative and procedu...

Arun Ispat Udyog Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2003(4)ALD45; [2004]135STC140(AP)

S. Ananda Reddy, J. 1. These Tax Revision Cases arc filed by the dealer-assesses aggrieved by the orders of the Sales Tax Appellate Tribunal, Hyderabad (for short, 'the Tribunal') in not granting the relief of set off on the finished products in terms of G.O. Ms. No. 763 Revenue dated 21.8.1990.2. The dispute relates to the assessment years 1991-92, 1992-93 and 1993-94. All the dealers are registered under the provisions of the A.P. General Sales Tax Act, 1956 (for short, 'the Act') as traders, apart from carrying on the business of manufacture of re-rolled finished products. They purchase M.S. scrap within the State as well as outside the State; part of the scrap purchased by them was resold to other registered dealers while the other part was converted into finished products. In the assessment proceedings, the dealers claimed set off of the tax said to have suffered on the raw material purchased by the dealers and the said set off was granted by the Assessing Officer while computing ...

Andhra Pradesh State Road Transport Corporation and anr. Vs. M. Venkat ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD201; 2003(4)ALT421

G. Yethirajulu, J.1. This writ appeal is directed against the judgment of a learned Single Judge of this Court in W.P. No. 25875 of 1995.2. The appellants' are respondents 1 and 2 in the writ petition filed under Article 226 of the Constitution of India. The writ petitioners 1 to 13 are respondents 1 to 13 and respondents 3 to 6 of the writ petition are respondents 14 to 17 of this appeal. The writ petition was filed praying to issue a writ of mandamus declaring Item No. 3 of Resolution No. 92/91 dated 31-5-1991 prescribing marks for the selection of Class I Senior Scale Officers, awarding marks as contrary to Regulation No. 4 (b) of A.P.S.R.T.C. Employees (Service) Regulations, 1964 ('the service regulations' for brevity) read with Item No. 3 of Class I Senior Scale Service of Section (b) of Annexure A of APSRTC Employees (Recruitment) Regulations, 1966 ('the recruitment regulations' for brevity) and for setting aside the selection list dated 11-4-1995 and the appointments of responde...

P. Ganeswara Rao and ors. Vs. Secretary to Government, Revenue Departm ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD262; 2003(4)ALT813

G. Yethirajulu, J.1. These appeals are filed by the petitioners in W.P. Nos. 34303 of 1997 and 2249 of 1998 challenging the order of a learned Single Judge of this Court dated 29-7-1999.2. Smt. Sulakshana Bai is the owner of an extent of Ac.40-14 guntas situated in S.Nos. 63, 71, 72 and 73 of Kannanghat Village, Saroornagar Mandal, Ranga Reddy District, which is situated within the urban agglomeration of Hyderabad. In pursuance of the introduction of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Act' for brevity), which came into force on 17-2-1976, she filed a declaration under Section 6(1) of the Act declaring that she is in possession and enjoyment of the above land as an agricultural land. On 18-12-1976 the Special Tahsildar submitted a verification report stating that the landowner is in possession of a total extent of 1,62,625 sq. mtrs. of land. On 20-1-1977 the urban land ceiling authorities issued notice under Sections 8(1) and (3) of the Act. On 24-11-1984 the Specia...

Sri Sai Sreenivasa Constructions Vs. T. Siva Prasad Reddy and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD236; 2003(4)ALT708

1. These writ appeals are filed being aggrieved by the Order of the learned single Judge in Writ Petition No. 13064 of 1999, dated 24-8-2000. While, respondents 1 and 2 in the said Writ Petition filed Writ Appeal No. 1355 of 2000, respondent Nos. 3 and 4 filed Writ Appeal Nos. 1293 and 1332 of 2000 respectively.2. The parties are hereinafter referred to as arrayed in the Writ Petition. The brief facts, which are necessary for the disposal of these appeals, are as under: 3. According to the petitioner, he is a public spirited citizen and was the Chairman of Rayachoti Rural Electricity Supply Cooperative Society during 1997-98. He is the Convener of the Anna Telugu Desam Party for Lakkireddipalle Assembly Constituency, Cuddapah District. To espouse the public cause in the public interest, this Writ Petition was filed. He stated that the Engineer-in-Chief, Roads and Buildings Department, Hyderabad issued a tender notification dated 17-7-1998 for various works including items 1 to 8 pertai...

Apseb and ors. Vs. Uni Metal Alloys Limited

Court: Andhra Pradesh

Reported in: AIR2003AP506; 2003(4)ALD319; 2003(5)ALT523

G. Yethirajulu, J.1. The A.P. State Electricity Board and its officers representing the Board preferred this appeal against the order of a learned Single Judge of this High Court dated 23-10-1998 in W.P. No. 17129 of 1988 winch was filed by the respondent herein under Article 226 of the Constitution of India praying to issue a writ of mandamus declaring the action of the appellants in withdrawing 25% power rebate to the Mini Steel Plants (MSPs) by including them in the list of non-eligible industries as illegal, arbitrary, unjust and to further declare that the petitioner industry is entitled for 25% power rebate till the completion of initial period of three (3) years as per the policy decision of the Government of Andhra Pradesh.2. The writ petitioner is a Mini Steel Plant (MSP) engaged in the manufacture of steel ingets, billets etc., and was registered as a small scale industry situated in Ranga Reddy District. The petitioner unit is a High Tension consumer with a CMD of 3250 KVA w...