Andhra Pradesh Court August 2003 Judgments
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Tarakarama Saw Mill Vs. Commissioner, Tenali Municipality
Court: Andhra Pradesh
Decided on: Aug-28-2003
Reported in: 2003(6)ALD125
ORDERV.V.S. Rao, J. 1. This writ petition is filed seeking a writ of mandamus declaring the action of the respondent in issuing the impugned endorsement dated 1.2.2003 in B.A. No. 531/2002/G.1 directing the petitioner to remove the AC sheet shed and saw mill as illegal and arbitrary and for appropriate consequential directions. 2. Though the interlocutory matters being WPMP No. 12107 of 2003 and WVMP No. 2580 of 2003 are listed before this Court, with the consent of the parties, the writ petition itself was heard and being disposed of. 3. It is the case of the petitioner that he obtained lease of 200 square yards of land with an intention to set up a saw-mill. He applied for building permission for construction of a shed for running a saw mill in industrial area. The said application made on 10.10.2001 was rejected on the ground that for construction of industrial shed minimum extent of land required is 450 square yards and therefore no construction is permissible on the land admeasuri...
Saidapalli Mogalaiah and anr. Vs. State and anr.
Court: Andhra Pradesh
Decided on: Aug-28-2003
Reported in: 2003(5)ALD500; 2003(2)ALT(Cri)510
Bilal Nazki, J. 1. This writ petition has been filed by two petitioners challenging the order of arrest issued by way of warrants dated 16-12-1983. The warrants had been issued in execution of the judgment of the High Court in Criminal Appeal No. 376 of 1968 and batch dated 10-3-1969. The petitioner herein were accused in Sessions Case No. 20 of 1967 which was decided by Additional Sessions Judge, Hyderabad, the petitioners accused had been charged offences under Sections 302, 149 read with 34 of IPC. The Sessions Court gave its judgment on 19-7-1967. There were 6 accused in all. Accused No. 1 was convicted and sentenced to life imprisonment A2 to A6 were acquitted. A1 filed Crl. A. No. 567 of 1967 against the conviction and sentence. The State also preferred an appeal against acquittal of A2 to A5. So, there were two appeals one against conviction being Crl. A. No. 561/67 another against acquittal being Crl.A.No. 376/68. The High Court, by common judgment dated 10-3-1969 dismissed the...
Ganesh Nagaraju Vs. State of A.P., Rep. by the Public Prosecutor
Court: Andhra Pradesh
Decided on: Aug-28-2003
Reported in: 2004(2)ALD(Cri)470
K.C. Bhanu, J.1. The sole accused in Sessions Case No. 155/2000 on the file of the Sessions Judge, Khammam, filed this statutory appeal under Section 374(2) Cr.P.C, challenging the legality and correctness of the judgment, dated 15.3.2001, whereby he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life. 2. The charge against the accused was that he caused the death of his wife, Parameshwari (for short, 'D1'), and Pattimjayari Jayamma (for short, 'D2') on 18.10.1999 by beating them with an iron rod.3. The facts that are necessary for the disposal of this appeal in brief are that for about six months from before the incident in question, the accused started suspecting the character of his wife. D2 used to advise the accused not to entertain such doubts in his mind. On 18.10.1999 both deceased persons, the accused, P.W. 1, and his brother, Vinod Kumar, went to Bhadrachalam on a pilgrim. They took a room on rent at 1 pm in Vemulavada Choultry. After having a d...
Pendyala Raju and anr. Vs. State of A.P., Rep. by the Public Prosecuto ...
Court: Andhra Pradesh
Decided on: Aug-28-2003
Reported in: 2003(2)ALD(Cri)600
K.C. Bhanu, J.1. A2 & A3, A4 and A1 in S.C. No. 316/1998 on the file of Additional Sessions Judge, Adilabad, filed criminal appeals Nos. 1095/2001, 119/2002 and 756/2003 respectively, aggrieved by the judgment, dated 18.7.2001, whereby they were convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 200/-, and in default to suffer simple imprisonment for one month on each count under Section 302 read with Section 34 IPC for causing the deaths of Ramakrishna, Laxman, Raju and Rajyalaxmi (hereinafter referred to as D1, D2, D3 and D4 respectively), and to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 100/- and in default to suffer simple imprisonment for 15 days each under Section 307 IPC for attempting to cause the death of P.W. 4, with a direction to run the substantive sentences concurrently.2. The facts that led to the filing of the present appeals in brief are as follows. P.W. 1 and A4 are siblings. A1 is the son of A4 and A2 and A3 a...
Public Prosecutor, High Court of A.P. Vs. Pulicherla Govinda Reddy and ...
Court: Andhra Pradesh
Decided on: Aug-28-2003
Reported in: 2003(2)ALD(Cri)606; 2004CriLJ238
K.C. Bhanu, J.1. The State of Andhra Pradesh preferred this appeal against the judgment, dated 7-2-2000, in S. C. No. 361/ 1999 on the file of the I Additional Sessions Judge, Chittoor, whereby all the accused were acquitted of the charges levelled against them.2. The facts that are necessary for the disposal of this appeal are briefly stated as follows. Accused No. 1 is the younger brother of the father of P.W. 1. A2 is the wife of A1. A3 and Balakrishna Reddy and Babu Reddy are their sons. P.W.2, who is the father of P.W. 1, quarrelled with his father on account of some property disputes and put up his family at Madras. Since then A1 enjoyed the share in the property of the father of P.W. 1. In that regard there were disputes between the family of A1and the family of P.W. 1. P.W. 1 had an extent of 17 1/2 guntas of land adjacent to his house. The land had fencing around it. On 24-4-1999 at about 5 PM, P.Ws. 1 and 2 and the deceased brought some plastic pipes and an electric motor in ...
B. Bhaskar Rao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-27-2003
Reported in: 2003(5)ALD764
ORDERL. Narasimha Reddy, J. 1. The petitioner was convicted for the offence under Sections 148 and 302 of IPC in S.C. No. 62 of 1982, in the Court of Sessions Judge, Nalgonda. He was sentenced to undergo life imprisonment. Consequently, he was admitted in Central Prisons, Hyderabad, on 24-6-1983. While he was serving the sentence, the petitioner was granted parole twice. On the ground that the petitioner had overstayed the parole, he was awarded certain punishments, such as, cut in remission and denial of certain facilities. Petitioner complains that the punishments so imposed are excessive and that but for the same, he would have been entitled for the benefit under G.O. Ms. No. 3 dated 17-1-1995 and other subsequent G.Os., in the matter of premature release from Jail and remission of sentences.2. In the counter-affidavit filed on behalf of the respondents, it is stated that after the petitioner was admitted to jail on 24-6-1983, he was granted parole on 14-5-1984, for a period of one ...
Vyasya Bank Limited Vs. Deputy Director, Dgft (Enforcement-cum-adjudic ...
Court: Andhra Pradesh
Decided on: Aug-27-2003
Reported in: 2003(6)ALD241
ORDERV.V.S. Rao, J. 1. M/s. Aditya Exports Ltd., availed benefit of duty exemption entitlement under the Export-Import Policy of India. The said company was given three licences by the first respondent for availing the said benefit. As required under the exemption scheme, second and third respondents were required to give bank guarantee. Under the said licences, Government of India permitted import of goods for a value of US$ 2,56,440/-on the terms and conditions specified in the scheme, licence and Export-Import Policy and Procedure 1992-97. In pursuance thereof, as noticed, respondents 2 and 3 and the petitioner executed Indemnity-cum-Bank Guarantee Bonds. The first bond one was executed on 22-3-1993 and the second one was executed on 13-4-1993 for a sum of Rs. 1,53,86,400/- and Rs. 73,93,800/-respectively. The Indemnity-cum-Bank Guarantee Bonds shall remain in force until the obligations of the party and the guarantor are fulfilled to the full and final satisfaction of the Governmen...
Akkula Mangayyamma Vs. Mandal Development Officer, Samalkot Mandal and ...
Court: Andhra Pradesh
Decided on: Aug-27-2003
Reported in: 2003(5)ALD418
ORDERV.V.S. Rao, J.1. The petitioner is a resident of Thimmapuram Village, Kakinada Rural Mandal in East Godavari District. He purchased an extent of 606 Sq.yds. in Plot Nos. 1 and 2 under a registered sale deed dated 9-8-1995. The said plot forms part of layout plan No. 493/85 comprised in Sy.No. 193/4 of Thimmapuram village. It appears, in June, 1999, the second respondent Gram Panchayat constructed a wall and also laid a foundation stone for construction of a building on the northern side of the petitioner's plot leaving path way. The petitioner made a representation to the Gram Panchayat on 17-6-1999 requesting them not to cause any obstruction in using pathway. According to the petitioner, the Sarpanch of the Gram Panchayat by a letter dated 18-6-1999 informed him that the Gram Panchayat has no objection for using the open space on the northern side as pathway by the petitioner. In the month of February, 2002, the new Sarpanch who allegedly bore grudge against the petitioner is tr...
Kapitan Distilleries and ors. Vs. Government of Andhra Pradesh and anr ...
Court: Andhra Pradesh
Decided on: Aug-27-2003
Reported in: 2003(5)ALD504
ORDERL. Narasimha Reddy, J.1. G.O. Ms. No. 630 Revenue (Excise-in) Department dated 24-5-2003 issued by the Government of Andhra Pradesh, according permission to the Commissioner of Prohibition and Excise, to levy import pass fee of Re. 1/- per bulk litre on the import of Rectified Spirit (RS)/ Extra Neutral Alcohol (ENA)/ is/Denatured Spirit (DS), is challenged in this writ petition.2. The petitioners are three distilleries, established in the State of Andhra Pradesh under licences in Form D2, issued to them by the competent authority for manufacture of Indian Liquor (IL).. They contend that ENA is one of the raw materials used in the manufacture of Indian Liquor. It is their case that having regard to several factors, such as, availability and quality, they purchase ENA from certain distilleries in the neighbouring States. According to them, the regulatory measures for purchase of ENA by the distilleries, be it from the distilleries within the State, or outside the State, in the matt...
Chittiri Simmanna and ors. Vs. Deputy Registrar of Co-operative Societ ...
Court: Andhra Pradesh
Decided on: Aug-27-2003
Reported in: 2003(6)ALD772; 2004(1)ALT79
ORDERD.S.R. Varma, J.1. Though the matter is listed under the caption 'Interlocutory', at the request of both sides, the main writ petition itself is taken up for hearing and disposal.2. The petitioners seek a declaration that the order of the 1st respondent in Rc. No. 3842/95-4, dated 16-1-2003, superseding the Managing Committee of the 2nd respondent-Niddam Primary Agriculture Co-operative Society, Srikakulam District for (short 'the society') and appointing the 3rd respondent as person-in-charge, as illegal and arbitrary.3. The undisputed facts are as under:The petitioners are erstwhile elected members of the Managing Committee of the Society and by virtue of the policy of the Government, the petitioners have been appointed as persons-in-charge of the society for a period of six months and they are being continued from time to time. While so, the Registrar had issued certain instructions to the committee of persons-in-charge to keep the Secretary of the society under suspension with...
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