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Andhra Pradesh Court July 2003 Judgments

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Jul 08 2003

Rachamsetti Nageswar Rao and ors. Vs. the District Collector and ors.

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: 2003(5)ALD573

ORDERV.V.S. Rao, J. 1. The petitioners claim to be owners of agricultural lands comprised in S.Nos.372/1A, 372/2 and 372/3A admeasuring about Acs.3.83. First respondent herein issued a Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act), dt.29.8.1994, which was published in Guntur District Gazette dt.31.8.1994, and in the local newspapers on 13.8.1994. Said Notification is challenged in this Writ Petition. 2. Learned counsel for the petitioners, Sri K.V. Bhanu Prasad, raised four contentions. He submits that though in the earlier litigation a direction was issued to conduct enquiry under Section 5A of the Act, same was not conducted by the Collector/Land Acquisition Officer as contemplated under Section 5A of the Act, and the enquiry was conducted by the Mandal Revenue Officer as admitted in the counter affidavit. Secondly he would contend that there is sufficient alternative land available and the expenditure to the exchequer by acquiring fertile lan...


Jul 08 2003

M. Muralidhar Reddy (Died) by Lrs. Vs. Deputy Transport Commissioner a ...

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: I(2004)ACC454; 2003(5)ALD1; 2003(5)ALT601

ORDERL. Narasimha Reddy, J. 1. One late M. Muralidhar Reddy, the 1st petitioner in W.P. No. 8056 of 2002 was the owner of the vehicle bearing No. AP21U 4158 and the said vehicle was engaged in transporting of essential commodities by the Civil Supplies Department. The permit of the vehicle was valid till 1-2-2002. On 10-9-2001 he was issued a notice by the Secretary, R.T.A., Kurnool, stating that the Vigilance and Enforcement Officials, Kurnool through letter dated 7-7-2001 have informed that during the course of transporting the essential commodities for public distribution system, the vehicle carried the load over and above the permitted capacity. On that basis, the owner was required to pay a sum of Rs. 4,28,300/- under Section 200 of the Motor Vehicles Act (hereinafter referred to as Act). 2. He filed an application for renewal of the permit. The same was rejected by proceedings dated 1-4-2002 on the ground that the amount of Rs. 4,28,300/- demanded through notice dated 10-9-2001 w...


Jul 08 2003

V. Jayaramaiah and anr. Vs. Director, Sri Venkateswara Institute of Me ...

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: 2003(5)ALD399

C.V. Ramulu, J.1. In all these writ petitions, almost common questions of fact and law arise for consideration and as such, they are being disposed of by this common judgment.2. According to the petitioners, Sri Venkateswara Institute of Medical Sciences (SVIMS) was established at Tirupathi in the year 1992 with the financial aid and assistance of Tirumala Tirupathi Devasthanams (TTD). Since in the initial stages, there were no sanctioned posts in the Institute, the respondent-SVIMS appointed and engaged suitable persons on daily wage basis for various posts for the smooth running of SVIMS. Petitioners in W.P.No. 32836 of 1997 were engaged as drivers, petitioners in W.P.No. 32952 of 1997 as Laundry workers in the year 1994, petitioner in W.P. No. 33134 of 1997 as Supervisor, petitioners in W.P.No. 33814 of 1997 as Helpers under the control of the Civil Engineer at Tirupathi and petitioner in W.P.No. 33422 of 1997 in Class IV service as Pest Control Boy. They claim that they have been w...


Jul 08 2003

Jonnala Sura Reddy and anr. Vs. Tityyagura Srinivasa Reddy and ors.

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: AIR2004AP222; 2003(6)ALD513; 2003(6)ALT46

ORDERC.Y. Somayajulu, J. 1. This is an appeal by the defendants in OS No. 16 of 1984 on the file of the Court of the Second Additional Munsif Magistrate, Guntur. Respondents are the legal representatives of T. Somireddy, (plaintiff), who filed the aforesaid suit for an injunction restraining the appellants from interfering with his possession over the plaint schedule property. 2. The Trial Court, after considering the evidence on record, decreed the suit. On appeal in A.S. No. 38 of 1990, the lower appellate Court confirmed the judgment and decree of the trial Court and dismissed the appeal. Hence, this appeal. 3. This appeal was admitted on the following substantial questions of law, (i) whether the plaintiffs can file a fresh suit on the same cause of action after withdrawing the earlier suit filed for the same relief and on the same cause of action and (ii) whether an injunction can be granted in favour of a person who has not come to Court with clean hands and who played fraud on C...


Jul 08 2003

K. Subhakar Rao Vs. Monetreck Computers and ors.

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: 2003(5)ALD428; [2004]50SCL723(AP)

ORDER1. The applicants, who claim to be small money depositors, in M/s. D.C.L. Finance Limited (company in liquidation) have filed these two applications. C.A. No. 986 of 2002, has been filed by Sri. K. Subhakar Rao, under Section 466 of the Companies Act, 1956 read with Rule 116 of the Companies (Court) Rules, 1959 praying to recall the order dated 14-12-2001 passed by this Court in C.A. No, 855 of 2001 in C.P. No. 133 of 2001 and restore status quo ante in the larger interests of the small money deposit holders, while C.A. No. 169 of 2003 has been filed by Sri. C.V. Subba Rao, praying to stay the operation of the said order.2. It is the contention of the applicants that the financial position of the company in liquidation is not so grave as to warrant its winding up. According to the applicants, C.A. No. 855 of 2001 is a collusive application, the same having been filed by the 1st respondent-M/s.Monetreck Computers at the behest of the company in liquidation, the applicants contended...


Jul 08 2003

President, Nandyal Muslim Welfare Society Vs. Pattana Praja Abhyudaya ...

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: 2003(5)ALD558; 2003(4)ALT635

B. Sudershan Reddy, J.1. This writ appeal is directed against the order made in WP No. 258 of 1994, dated 21-1-2002 by a learned Single Judge of this Court setting aside the orders of the Government in G.O. Ms. No. 1203, dated 29-11-1993 and directing the Government 'to reconsider the matter in the wake of the changed situation keeping in view the guidelines issued by the Government in this regard....'2. The 4th respondent-society in the writ petition is the appellant before us.3. Before adverting to the question as to whether the first respondent-writ petitioner society is entitled for any relief in the writ petition, a few relevant facts may have to be noticed:That an insignificant order made by the Government in G.O. Ms. No. 1203, dated 29-11-1993 directing the District Collector to alienate an extent of Ac.0-56 cents of land in Survey Nos. 833/2 and 833/3 of Nandyal Mandal and Town, Kurnool District on payment of market value at the rate of Rs. 3,333/- per cent had given rise to th...


Jul 08 2003

K. Ananda Reddy Vs. Appsc and ors.

Court: Andhra Pradesh

Decided on: Jul-08-2003

Reported in: 2003(6)ALD803; 2003(6)ALT614

G. Bikshapathy, J. 1. Both the writ petitions are being disposed of by this order as they arise common questions of law.2. Unemployment in the country has reached its peak level as to force the unemployed persons to penetrate into the functioning of the State administration also. The present case is an apt illustration, where the unemployed educated youth are trying to find deficiencies on the part of State Government in fulfilling the constitutional obligation of providing employment to its citizens and seeking direction to the Government to fill up certain posts, which were advertised by the Andhra Pradesh Public Service Commission (for short 'the A.P.P.S.C.').3. Coming to the actual matrix of the facts, the Andhra Pradesh Public Service Commission (for short 'A.P.P.S.C.') issued advertisement bearing No. 10 of 1999 dated 28-12-1999 for recruitment to various posts under Group-n Services, which are required to be filled by direct recruitment. The executive posts as well as non-execut...


Jul 07 2003

E. Mallaiah (Died) by Lrs. and ors. Vs. M. Surana and ors.

Court: Andhra Pradesh

Decided on: Jul-07-2003

Reported in: 2003(4)ALD844

ORDERB. Seshasayana Reddy, J. 1. This Civil Revision Petition is directed against the order dated 6-3-2003 passed in LA. No. 201 of 2003 in O.S. No. 150 of 1996 on the file of Junior Civil Judge, Medchal, Ranga Reddy District, whereby the learned Junior Civil Judge dismissed the application filed by the petitioners/plaintiffs for amendment of a plaint. 2. The petitioners herein are the plaintiffs in O.S.150 of 1996 on the file of Junior Civil Judge, Medchal. They filed the suit for permanent injunction restraining the respondents/defendants from interfering with their peaceful possession and enjoyment over the suit schedule land admeasuring Ac.54-16 guntas comprising of survey numbers 293, 294 and 295. It is the case of the plaintiffs that they purchased the suit schedule land from the original pattedar namely Mirza Hussain Baig S/o Hyder Baig on 15-5-1964 for a valuable consideration of Rs. 85/- and that since then they are in peaceful possession and enjoyment of the said land. The le...


Jul 07 2003

Sri Sarvaraya Sugars Limited Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jul-07-2003

Reported in: 2003(5)ALD347

ORDERV.V.S. Rao, J.1. The petitioner is a Company . registered under the Companies Act. It is mainly engaged in the business of manufacturing and sale of sugar. It owns properties at Visakhapatnam and Hyderabad Cities. After coming into force of Urban Land (Ceiling and Regulation) Act, 1976, they filed a declaration under Section 6(1) of the Act. The Special Officer and Competent Authority, Visakhapatnam, the third respondent herein, processed the declaration and determined that the petitioner-company owns surplus vacant land of 1 hectare 4609 Sq.Mts. in R.S.Nos. 19/1 and 19/2 in Kottavankojapalem in Visakhapatnam District, Urban Agglomeration and 650 Sq.Mts. in Sy.No. 26(P) at Cheekoti Gardens, Begumpet. After completing necessary formalities like final statement under Sections 8(3) and 9, action was initiated for taking possession of the surplus land. At that stage, the petitioner-company made an application under Section 20(1)(a) of the Act seeking exemption of the surplus vacant la...


Jul 07 2003

Disemcharla Penchalaiah Vs. Manager Syndicate Bank and anr.

Court: Andhra Pradesh

Decided on: Jul-07-2003

Reported in: 2003(5)ALD360

ORDERV.V.S. Rao, J.1. The petitioner, who is a resident of Vennawada, Atmakur Mandal, Nellore District filed the present writ petition seeking a writ of mandamus declaring the action of the first respondent namely, Syndicate Bank, D.C. Palli, Marripadu Mandal, Nellore District in not implementing the scheme 'Agricultural and Rural Debt Relief Scheme, 1990' (for short 'Relief Scheme') of Government of India as illegal, arbitrary and discriminatory. He also seeks a consequential declaration that the petitioner is entitled for the benefits under the said scheme.2. The learned Counsel for the petitioner submits that the case of the petitioner was not considered on par with the similarly situated persons for the purpose of availing the benefit under the Relief Scheme.3. The petitioner obtained an amount of Rs. 10,000/- in the year 1986 from the first respondent Bank towards crop loan. By 1988 he repaid the same and again on 12.11.1988 the first respondent sanctioned another sum of Rs. 10,00...


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