Andhra Pradesh Court December 2004 Judgments
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G. Raja Sundera Babu and ors. Vs. Government of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Dec-10-2004
Reported in: 2005(1)ALD514; 2005(1)ALD(Cri)258; 2005(2)ALT133; 2005CriLJ2443
ORDERL. Narasimha Reddy, J.1. The petitioners seek an appropriate writ or direction to Respondents 4 and 5 to consider the feasibility to issuance of a notification under sub-sections 1 and 3 of Section 17 of/S.C. & S.T.(Prevention of Atrocities) Act ( for short 'the Act'), declaring Ambedkar IDWA Mahanagar Colony of Adavi Takkellapadu Village, Guntur (Rural) Mandal and District as an 'AREA PRONE TO ATROCITIES' and to take necessary steps.2. The first petitioner G. Raja Sundera Babu claims to be the founder of Indian Dalith Women Association (for short 'the Association'). He claims that initially representation was made to the District Collector, 4th respondent, for allotting the land of Ac. 13.00, for developing the same into a colony for Dalith women. He alleges that the 4th respondent acceded to such a measure and thereafter, the colony was established by him on 30.10.2003. Petitioners 2 to 4 are said to be the members of the Association. In the affidavit filed in support of the wri...
N. Seshagiri Rao Vs. Transmission Corporation of A.P. Limited and anr.
Court: Andhra Pradesh
Decided on: Dec-10-2004
Reported in: 2005(1)ALD347
ORDERG. Yethirajulu, J.1. The petitioner is a retired Divisional Engineer (Operations). He retired from service on 31.7.1997 from the respondent-Corporation. Subsequent to the retirement, he was served with a memo on 24.1.2000 referring to certain punishments imposed while he was in service and sought for explanation for certain charges asking to show-cause as to why the punishment should not be imposed on him. On receipt of the said memo, he submitted his explanation stating that he did not commit any mistake and he cannot be imposed any punishment. Ultimately through another memo dated 24.9.2001, the respondents imposed punishment of 25% cut in the pension of the petitioner for a period of five years. Aggrieved by the said punishment, he preferred an appeal on 3.11.2001 to the second respondent, but it was rejected through the order dated 28.5.2002. The respondents instead of releasing the terminal benefits after completion of the punishment period of five years issued another memo o...
Mohmmed Gouse Pasha (A1) Vs. Tummala Venkata Krishna Rao and the State ...
Court: Andhra Pradesh
Decided on: Dec-10-2004
Reported in: 2005CriLJ1500
ORDERA. Gopal Reddy, J. 1. Petitioner, who is A1 in C.C.No.1184 of 2002 on the file of the VI Metropolitan Magistrate, Vijayawada and who along with three others is alleged to have committed the offence punishable under Sections 120B, 420, 468 & 471 read with Section 34 IPC, filed this petition seeking to quash the proceedings in the said C.C. No. 1184 of 2002.2. The brief facts of the case are as follows:Initially C.C. No. 546 of 2000 i.e., a private complaint and C.C. No. 706 of 2001 i.e., a police case on the file of the III Metropolitan Magistrate, Vijayawada were transferred to the VI Metropolitan Magistrate, Vijayawada as per the orders passed by the Metropolitan Sessions Judge, Vijayawada and on such transfer, they were renumbered as C.C. No. 1184 of 2002 and C.C. No. 1183 of 2002 respectively. Originally, the III Metropolitan Magistrate, Vijayawada clubbed both the cases under Section 210(2) Cr.P.C as the subject matter, the accused and the complainant are one and the same. By ...
Andhra Bank at Vikarabad Vs. Manneguda Polishing Stones Industries and ...
Court: Andhra Pradesh
Decided on: Dec-10-2004
Reported in: 2005(2)ALD277; [2006]133CompCas887(AP)
V.V.S. Rao, J.1. The respondents herein availed an amount of Rs. 25,000/- as term loan sometime in the year 1980. At a later point of time, they also availed another amount of Rs. 50,000/- towards term loan. Both these loans carry interest at the rate of 11.85% per annum compoundable quarterly. Apart from these loans, the respondents also availed Open Cash Credit (OCC) with a limit of Rs. 75,000/- carrying same rate of interest compoundable quarterly. The loan was sanctioned by the appellant bank on obtaining security, which was given by creating equitable mortgage by deposit of title deeds. In spite of several demands, the loan amounts were not repaid. Therefore, the appellant bank, which is a Nationalized Bank, filed suit being O.S. No. 50 of 1998 on the file of the Court of the Subordinate Judge, Vikarabad, for recovery of suit amount in a sum of Rs. 3,66,230/-. The plaintiff/appellant bank also claimed subsequent interest on contractual rate of interest at 11.85% per annum.2. Defen...
Bokam Simhadri Vs. Visakhapatnam Port Trust and anr.
Court: Andhra Pradesh
Decided on: Dec-10-2004
Reported in: 2005(2)ALD151; 2005(2)ALT100; 2005(3)ESC1947; [2005(105)FLR790]
G. Bikshapathy, J.1. The writ petition is filed challenging the Order passed by the 2nd respondent dated 5/6.1.1994 removing the petitioner from service as confirmed by the 1st respondent in the Order dated 5.5.1994.2. The facts and events leading to the filing of the writ petition are as follows:Petitioner joined as casual labour in the Ore Handling Co-operative Society in the year 1959. Thereafter, he was promoted as C-category worker and he was further promoted as B-category worker. He was also promoted to A-category worker and he was given Token No. 1592 in the Traffic Department. It appears that an anonymous complaint was received by the Chairman of the Port Trust that the petitioner impersonated one Bokam Simhadri and thereby obtained employment by playing fraud on the authorities. Therefore, the 2nd respondent issued charge memo dated: 21.8.1992 requiring the petitioner to explain as to why the disciplinary action should not be taken against him. It is also stated in the said me...
Poddar Projects Ltd. Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Dec-10-2004
Reported in: [2006]146STC669(AP)
Bilal Nazki, J.1. This special appeal is filed by the appellant against the order passed by the Commissioner of Commercial Taxes, Nampally, Hyderabad.2. Controversy is very short. The appellant is a dealer and is dealing with manufacture of mild steel rounds, angles, flats, ingots and billets. He claims that in terms of G.O. Ms. No. 774 Revenue(s) dated the 9th July, 1985, he was entitled to set-off as it includes all types of scrap. Whereas the authorities below including the Commissioner held that the set-off in terms of this G.O. was available only with respect to steel ingots or billets or rerollable scrap and there is a finding by the authorities below that the scrap in which the appellant was dealing was not rerollable. The scrap was undergoing a melting process before production of a new product.3. The learned Counsel for the appellant, however, submits that reference to steel ingots or billets or rerollable scrap in G.O. Ms. No. 774 dated the 9th July, 1985, has to be understoo...
Patamata Cultural and Recreation Society Vs. Commissioner of Police an ...
Court: Andhra Pradesh
Decided on: Dec-09-2004
Reported in: 2005(1)ALD772; 2005(1)ALD(Cri)243; 2005(1)ALT439
ORDERP.S. Narayana, J.1. Heard the Counsel.2. M/s. The Patamata Cultural and Recreational Society, Registered No. 114/97, represented by its President Pemmasani Narasimha Rao filed this Writ Petition against the Commissioner of Police, Vijayawada and others for a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents/ police authorities in directing the closure of the activities of the petitioner-society with effect from 31 -3-1997 as arbitrary, illegal and without jurisdiction and consequently direct the respondent not to interfere with the lawful activities of the petitioner-society at premises No. 73-1-12A, B & C, Bandar Road, Patamata, Vijayawada, Krishna District including provision to the members and guests to play game of rummy with stakes and grant such other relief as it deems fit and proper in the circumstances of the case.3. This Court issued Rule Nisi and in W.P. MP. No. 8332/97 on 4-4-1997 directed the respondents not to interfere with ...
Pabba Yadagiri Vs. Collector and District Magistrate and ors.
Court: Andhra Pradesh
Decided on: Dec-09-2004
Reported in: 2005(1)ALD(Cri)187; 2005(1)ALT792
ORDERBilal Nazki, J.1. This Writ Petition has been filed by the petitioner on behalf of Sri Rachakonda Srinivas Rao (hereinafter referred to as 'the detenu'), who has been detained and is lodged in Central Prison, Cherlapalli.2. The detenu has been detained by an order dated 28-8-2004 in terms of Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'the Act'). The Collector and District Magistrate, Nalgonda, ordered the detention and communicated the grounds of detention to the detenu. There are as many as 10 grounds in the grounds of detention and the order of detention has been challenged on various counts. One of the grounds for challenging the order of detention is that the detenu had not been informed that he had a right to make a representation to the detaining authority against the order of detention. This fact is not disputed and we h...
Duvvur Raja Gopala Reddy Vs. District Collector Nellore and anr.
Court: Andhra Pradesh
Decided on: Dec-09-2004
Reported in: 2005(2)ALD156; 2005(2)ALT62
ORDERP.S. Narayana, J.1. The writ petition is filed for a writ or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in implementing the order of the Settlement Officer, Nellore in SR. No. 2/119(a)/60 GDR dated 12-6-1970 in respect of 62 cents of land in Sy.Nos. 85/6 and 47 cents of land in S. No. 88/1 situated in Siddavaram Village, Kota Mandal, Nellore District and the further action of the respondents in seeking to dispossess the petitioner from the said land in order to induct third party landless poor persons treating the same as Government land as illegal, arbitrary, unjust, without jurisdiction and violative of the principles of natural justice and Article 300-A of the Constitution of India and consequently direct the respondents to implement the order of the Settlement Officer dated 12-6-1970 referred to above in the Revenue accounts in respect of the above said extents of land and to pass such other suitable orders.2. Th...
A. Yeshoda W/O. A. Chandriah Vs. Digamber Rao Surve S/O. Late Manik Ra ...
Court: Andhra Pradesh
Decided on: Dec-08-2004
Reported in: 2005(2)ALD50; 2005(2)ALT355
ORDERS.R.K. Prasad, J.1. These two revisions are directed against the judgments rendered in R.A.Nos.129 of 2000 and 229 of 2000 by the Additional Chief Judge, City Small Causes Court, Hyderabad.2. The facts that arise for consideration can be briefly stated as follows:Eviction Petition in R.C.No.621 of 1998 was presented against the tenant by the landlord before the II Additional Rent Controller, Hyderabad. It is being contested by the tenant. The landlord has claimed that the tenant has committed wilful default in payment of rents and also sought for bona fide requirement of the premises. During the pendency of the petition, I.A.No.500 of 1999 has been presented under Section 11(1) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, (hereinafter referred to as 'the Act') to direct the tenant to pay or deposit arrears of rent from 16.4.1998 to 30.9.1999 at Rs.900/- and also future rents. Thereupon, the lower court marked the written statement of the defendant ...
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