Andhra Pradesh Court December 2004 Judgments
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Chatapalli Nadipi Subbarayudu Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(1)ALD517; 2005(6)ALT718
ORDERP.S. Narayana, J.1. Chatapalli Nadipi Subbarayudu, the writ petitioner, filed the present writ petition praying for calling of records relating to the notification bearing RC.No.L/89/96 dated 25-3-1996 issued by the 1st respondent under Section 4(1) of the Land Acquisition Act published in the Kurnool District Gazette Extraordinary dated 30-3-1996 relating to Ac.1.30 cents in Sy.Nos.517/lC, 517/2E & 516 of A.Koduru Village, Bandi Atmakur Mandal, Kurnool District and to issue a writ, order or direction more particularly in the nature of mandamus under Article 226 of the Constitution of India and to declare the aforesaid acquisition proceedings of the petitioner's land as illegal and void and pass such other appropriate orders.2. Sri M.S.R. Subrahmanyam, the learned Counsel representing the writ petitioner, would submit that in the facts and circumstances of the case, the very invocation of the urgency clause under Section 17 of the Land Acquisition Act (hereinafter referred to as '...
Gimpex Ltd. Vs. J. Ashok Kumar and ors.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(1)ALD369
B. Sudershan Reddy, J.1. These three writ appeals are being disposed of by a common judgment since the subject-matter that arises for consideration in all the appeals is one and the same.2. W.A. No. 1913 of 2003 is filed against the order, dated 27-3-2003, of a learned Single Judge of this Court passed upon a writ petition (W.P. No. 10264 of 2000), filed by the 1st respondent - J. Ashok Kumar. The subject-matter of the said writ petition was the order passed by the 2nd respondent-Government of India, Ministry of Mines, in Order No. 77/2000 in Revision Application File No. 2 (8) 1999 -Rc.II, dated 17-5-2000.3. The other two writ appeals are filed against the order, dated 19-1-2004, of a learned Single Judge of this Court whereunder and whereby the learned Judge dismissed the writ petitions filed by the appellant challenging the order of the State of Andhra Pradesh, sanctioning the mining lease in favour of Respondent Nos. 1 and 6 herein.4. A short point that arises for our consideration...
inti Veera Veni, W/O. Kasi Visweswararao Vs. Smt. Mahadasa Vara Lakshm ...
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(2)ALD219
V.V.S. Rao, J.1. The appellant herein is the plaintiff in O.S.No.27 of 1985 on the file of the Court of Subordinate Judge, Narsapur. She filed the suit for specific performance of agreement of sale dt.4.10.1983 under which first defendant agreed to sell the suit schedule property admeasuring Acs.0.121/2 or 605 Sq.yards in Palakol town of West Godavari District, for Rs.60,000/-. As per the terms of the agreement an amount of Rs.10,000/- was paid as advance. Out of balance sale consideration, first instalment of Rs.20,000/- had to be paid on or before 24.10.1983, and the balance amount of Rs.30,000/- on or before 31.1.1984 failing which the plaintiff is liable to pay interest at 18% per annum. First defendant agreed to execute sale deed after receiving sale consideration and in the event of first defendant not executing the sale deed, vendor is not liable to pay any interest. It was also agreed that first defendant would discharge the amount due to Tummalapalli Sattiraju, Managing Partne...
Padma Sri Finance and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(1)ALD(Cri)183; 2005CriLJ1895
P.S. Narayana, J.1. The Writ Petitioners filed the present writ petition for issuance of Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the proceedings of the 2nd respondent dated 20-11-1996 in R. C. F. No. 1201/96 as illegal, arbitrary, unconstitutional, void, mala fide and without any power or jurisdiction and to declare the proceedings of the 2nd respondent dated 18-11-1996 in R. C. F. No. 2498/ 96 as illegal and consequently set aside the same and to pass such other suitable orders.2. The petitioners stated that they are eking out their livelihood by doing finance business and they are educated unemployed persons and by sale of some of their properties and taking loans from their nearest relatives, they have started finance business and they have been advancing loans at reasonable rate of interest. It is also stated that in the month of November 1996, the petitioners received summons from 2nd respondent requiring them to attend before him to ...
Rank Industries Ltd. and ors. Vs. Registrar of Companies and anr.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: [2007]135CompCas601(AP); [2007]80SCL31(AP)
A. Gopal Reddy, J.1. This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings in C. C. No. 26 of 1999, on the file of the special judge for Economic Offences, Hyderabad, against the petitioners for the offences under Section 73(2B) of the Companies Act, 1956, for failure to comply with the provisions of Sub-section (2) thereof.2. It is not disputed that the first petitioner is the company and the second petitioner is the managing director and the third petitioner is the executive director of the first petitioner-company. The first petitioner issued a prospectus to the public offering 52 lakhs equity shares of Rs. 10 each and it was opened to the public on January 27, 1993, and the said issue was closed on February 1, 1993. While so, one Ramprasad Gupta and Arun Kumar made a complaint on April 15, 1998, and April 13, 1998, respectively to the Hyderabad Stock Exchange, who in turn forwarded the same to the Registrar of Companies for tak...
Nalamothu Saibaba Naidu Vs. Pothala Lakshmibayamma and ors.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(5)ALD21
C.Y. Somayajulu, J.1. Plaintiff in O.S. No. 10 of 1995 on the file of the Court of the Subordinate Judge, Kandukur, is the appellant For the sake of convenience, the parties would hereinafter be referred to as they are arrayed in the Trial Court.2. Plaintiff filed the suit for recovery of Rs. 30,330/- being the principal and interest due on the promissory note dated 17-12-1981, executed by late Pothula Venkata Narasaiah husband of the first defendant and father of the Defendants 2 and 3. The contention of the defendants is that the suit promissory note is a renewal of the earlier promissory notes and since the executant of the suit promissory note was an agriculturist within the meaning of A.P. (Andhra Area) Agriculturists Relief Act, 1938, hereinafter referred to as Act 4 of 1938, the transaction has to be reopened and interest has to be scaled down and if it is so scaled down the amount payable by them would only be Rs. 9,890.06 ps. and that they have no objection for passing a decre...
A. Viswanath Vs. P. Jaya Laxmi and ors.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(3)ALT445
ORDERDevinder Gupta, C.J.1. A notification was issued to appoint distributor for LPG in the State of Andhra Pradesh on 2-4-2002 and Kodur Mandal, Kadapa District, was one of such centre. The appellant as well as 4th respondent in W.P. No. 22011 of 2004 applied for distributorship. Both of them satisfied the eligibility criteria. But the appellant, in order to. conduct business of distributorship, included with him two other partners. They were co-applicants. Eligible candidates were called for interview. The appellant along with partners as well as 4th respondent in W.P. No. 22011 of 2004 were called for interview; and on 24-11-2003, the respondents short-listed the candidates. The name of the appellant was shown on the top with 52% of marks; whereas the name of the 4th respondent in W.P. No. 22011 of 2004 was shown at serial No. 2 with 51% of marks and the name of the 3rd applicant was shown at serial No. 3 with 50% marks. Accordingly, the appellant was short-listed as the candidate. ...
Regional Housing Engineer Vs. Competent Authority (Tribunal) and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2004
Reported in: 2005(1)ALD459
ORDERP.S. Narayana, J.1. Heard Sri Ranganadh Kumar, Standing Counsel representing A.P. Housing Board and Sri Narsing Rao, Counsel representing Sri D. Ramalingaswamy, Counsel for the 3rd respondent.2. The writ petition is filed praying for issuance of a writ of certiorari calling for the entire records relating to the judgment and decree in A.S.No. 143/91 dated 8-4- 1996 on the file of District Judge, Srikakulam and quash the same as illegal, arbitrary and contrary to the evidence and record and to pass such other suitable orders.3. The A.P. Housing Board, in short hereinafter referred to as 'Board' for the purpose of convenience, had conducted a demand survey in the year 1979 calling for applications for allotment of M.I.G., L.I.G. and E.W.S. houses near Zilla Parishad at Srikakulam among other localities in the State of Andhra Pradesh. Pursuant to the said demand survey notification, the 3rd respondent had applied for allotment of Middle Income Group House and since there was a demand...
Koripalli Ram Krishna Rao Vs. State Bank of Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Dec-02-2004
Reported in: 2005(1)ALD526; 2005(1)ALT708
ORDERG. Bikshapathy, J.1. All the civil revision petitions can be disposed of by a common order, as the issue involved is one and the same.2. The revision petitioners are the plaintiffs in the suits and the State Bank of Hyderabad, Visakhapatnam is the defendant. In these civil revision petitions, we are only concerned with four floors in the building. These premises' were leased out to State Bank of Hyderabad by the landlords under respective lease agreements. However, as earlier agreements expired fresh agreements were executed in 1996, during the subsistence of the extended lease agreements, the landlords filed four suits namely O.S.Nos.102 of 2003, 103 of 2003, 104 of 2003 and 105 of 2004 on the file of the learned Principal District Judge, Visakhapatnam claiming damages and they are pending. Even though the renewed lease had expired, the bank continued to be in possession of the premises. But, however, the Bank issued quit notice expressing their intention to vacate the leased pre...
Director, Rural Development and anr. Vs. Deputy Secretary to Govt. of ...
Court: Andhra Pradesh
Decided on: Dec-02-2004
Reported in: 2005(1)ALD505; 2005(2)ALT155
ORDERP.S. Narayana, J.1. The petitioners prayed for an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in denotifying the lands bearing S.Nos.29 measuring Ac.0-33 cents, S.No.39 measuring Ac. 1-26 cents, totally measuring Ac. 1-59 cents of dry in Vikarabad Village and Mandal, Ranga Reddy District as illegal, without jurisdiction and consequently quash the memo dated 23-12-1993 published in A.P. Gazette on 10-1-1994 and direct the respondents to renotify and pay compensation as per the provisions of the Land Acquisition Act 1894 and pass such other suitable orders.2. The case of the petitioners is that they are the absolute owners of the lands in S.No.29 measuring Ac. 0-33 cents, S.No.34 measuring Ac.-0-11 cents and S.No.39 measuring Ac-1-26 cents, in all measuring Ac. 1.70 cents of dry in Vikarabad Village and Mandal, Ranga Reddy District and they were in possession of the said lands for more than 50 y...
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