Andhra Pradesh Court December 2004 Judgments
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Sri Sesha Bhagya Lakshmi Rice Mill Vs. Agricultural Market Committee
Court: Andhra Pradesh
Decided on: Dec-28-2004
Reported in: 2005(1)ALD737; 2005(2)ALT626
ORDERL. Narasimha Reddy, J.1. The petitioner is a rice mill. It submitted an application to the respondent for issuance of 'Export Permit Books'. Through letter dated 30.11.2004, the respondent informed the petitioner that it would not be issued Permit Book, unless market fee is paid in respect of the agricultural produce, covered by the used Permit Books, and unless it executes an undertaking, in terms of Condition No. 8 of the licence, to the effect that it shall collect the market fee from the purchasers and remit the same to the committee.2. The petitioner contends that the obligation to pay market fee is that of the purchaser, and it is the duty of the respondent to collect the market fee. It is also stated that the permits, contained in the Export Permit Book, contain all the particulars of the sale, such as the description of the purchaser, place and means of export, name of the produce and its weighment, and the fact whether market fee was paid or not; and in that view of the m...
Moparthi Koteswara Rao and ors. Vs. District Collector-guntur and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(1)ALD351
ORDERN.V. Ramana, J.1. The petitioners, by this writ petition, seek writ of mandamus to declare the Notification issued by the first respondent-District Collector, Guntur Under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') vide proceedings No. 2252/2004-Gl, dated 18-10-2004, proposing to acquire the land of Sri Seetha Rama Swamy vari Temple, Takkellapadu Village, Peddakakani Mandal, Guntur District (for short 'the Temple') in an extent of Ac. 10-77 cents comprising Ac. 5-47 cents in Sy. No. 22-2 cents and Ac. 5-30 cents in Sy. No. 27-1 of Takkellapadu Village, as illegal and arbitrary, and violative of Appendix-FV of the Act, and also Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Endowments Act').2. The petitioners claim to be landless poor and statutory tenants of the Temple in respect of the property under acquisition since the time of their forefathers. According to them, the impugned noti...
Union of India (Uoi), Rep. by Its General Manager, South Central Railw ...
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: III(2005)ACC472; 2005(2)ALD59
V. Eswaraiah, J.1. Heard the learned counsel appearing for both the parties.2. The 1st appellant-Union of India herein is represented by its General Manager, South Central Railways, Secunderabad and the 2nd appellant is the General Manager, South Central Railways, Calcutta. The respondent herein is the applicant, who filed O.A.No. 540 of 1990 on the file of the Railway Claims Tribunal, Secunderabad Bench, for payment of compensation of Rs. 55,809/- along with interest thereon for the loss said to have been caused due to negligence on the part of the railway authorities. It is stated that under the Railway receipt No. 352951 dated 27-06-1999, the applicant booked the consignment of 57.100 metric tonnes of pig Iron from Bhilai Steel Plant, Bhilai, to be carried and delivered to the applicant- company at M.P. Siding, Vijayawada. The said consignment was loaded in the wagon No. SE.87504. On 06-07-1988, the consignment arrived at M.P.Siding, Vijayawada. The applicant-company suspected a sho...
B. Krishna Murthi, S/O Late Suraiah, Vs. State of Andhra Pradesh Rep. ...
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALT342
ORDERG. Bikshapathy, J.1. The President and Retired Judicial Members of Special Court constituted under Section 7 of A.P. Land Grabbing (Prohibition) Act, 1982, hereinafter referred to as 'Act', the writ petitioners herein, filed the present Writ Petition challenging the action of the 1st respondent in not extending the benefit of deduction of only Rs.1500/- out of total pension amount earned by reason of their past service in Higher Judicial Service from their Pay as Judicial Members of the Special Court on par with Revenue Members of the Special Court as was granted to such Revenue Members vide impugned G.O. Ms. No. 358, Revenue (Act & Rules) Department, dated 1-5-2004 as arbitrary, illegal, discriminatory and offending Article 14 of the Constitution of India. It was specifically prayed for in the Writ Petition to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus that (a) petitioners i.e., Judicial Members of the Special Court const...
P. Muralidhar and ors. Vs. Andhra Pradesh Public Service Commission an ...
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALT9
G. Bikshapathy, J.1. The Recruitment Notification (Advertisement No. 10 of 1999) issued by the Andhra Pradesh Public Service Commission to Group-II Services is yet to attain the finality, even though legal battle by the unemployed continued to be unabated for over a quinquenial period. Though the procedural deficiencies and legal tangles were cleared by this Court on the earlier occasion, yet, spate of cases continued to flow from the 2nd round of litigation. This is an apt example as to how the recruitment to various categories of posts is being delayed for years together.2. These batch of Writ Petitions arise out of the common Order passed by the Andhra Pradesh Administrative Tribunal (for brevity the 'Tribunal') in O.A.No. 3840 of 2004 and Batch, dated 15-10-2004.3. Following brief recitals are necessary to appreciate the matter in a proper perspective:Andhra Pradesh Public Service Commission (for short 'A.P.P.S.C') issued notification on 28-12-1999 vide Advertisement No. 10 of 1999...
Sameera Ismail Vs. Secretary for Education, Government of A.P. and ors ...
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALD82; 2005(2)ALT89
ORDERN.V. Ramana, J.1. The petitioner passed B.Com degree with 40% marks from Dr. B.R. Ambedkar Open University, Hyderabad. To pursue higher studies, the petitioner appeared for EDCET-2003, conducted by Osmania University. On being qualified in EDCET-2003 (Education Common Entrance Test-2003) to take admission, she applied for B.Ed. Course admission, and was admitted into B.Ed. Course in Respondent No. 4-Islamia College of Education. At the time of admission, the petitioner claims to have paid Rs. 35,000/- towards capitation fee and Rs. 10,800/-towards admission fee. The petitioner states that having been admitted to B.Ed. Course, she even attended classes regularly from June, 2004 for a period of six months out of the nine months of the course period.2. While so, it is the case of the petitioner that Respondent No. 4-college directed her not to attend the classes, as Respondent No. 5-Osmania University rejected her admission on the ground that she secured less than 45% marks in the qu...
Union of India (Uoi) Vs. Aruna Machine Tools Super B-iii
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALD356; 2005(2)ALT391
V.V.S. Rao, J.1. This appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 ('the Tribunal Act', for brevity) by Union of India represented by the General Manager, South Central Railway, Secunderabad.2. The respondent herein (hereafter called 'consignor') is the manufacturer of shoe brakes. It entrusted 800 pieces of shoe brakes to Indian Railways, Madurai to be carried to Vijayawada in South Central Railway and delivered to the Deputy Controller of Stores, Vijayawada, who is a consignee. The goods did not reach Vijayawada and therefore, on 9.11.1992, the consignor issued a notice of loss of goods followed by a reminder on 1.12.1992. The Chief Claims Officer of South Central Railway, Madras by a communication dated 18.4.1996 (marked as Ex.A.3) informed that the goods were diverted to Bellampalli. By another letter dated 18.9.1996 (marked as Ex.A.4), the Chief Claims Officer informed that the Railways would conduct enquiry and settle the claim within ten days. As the...
Pola Vishwanadham and ors. Vs. Kalyani Agencies
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALD64
ORDERG. Rohini, J.1. This civil revision petition is directed against the order dated 19-2-2004 in EA No. 349 of 2002 in EP No. 366 of 2000 on the file of the Principal Senior Civil Judge, Warangal.2. The petitioners herein are the judgment-debtors in EP No. 366 of 2000, which was filed by the respondent herein for execution of the decree in OS No. 118 of 1991 for recovery of amount due from the defendants/judgment-debtors. Pending the suit, the petitioner filed IA No. 690 of 1991 for attachment before judgment of certain properties of the defendants. In the said application the defendants filed an undertaking that they will not sell the said properties, on the basis of which, IA No. 690 of 1991 was closed. It is to be noted that along with the Memo of undertaking the defendants furnished the value of the said property as recorded in the 'Market Value Estimation'. After the suit was decreed the plaintiff/decree holder filed E.P. No. 366 of 2000 for attachment and sale of the same prope...
Singareni Collieries Co. Ltd. Vs. Kandula Ramaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALD844
C.V. Ramulu, J.1. A.S. Nos.2228 to 2230 of 2004 are filed by the Singareni Collieries Company Limited (beneficiary), while A.S. Nos. 2316,2317 and 3123 of 2004 are filed by the claimants under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') challenging the common Award and Decrees dated 8-12-2003 passed by the Court of Senior Civil Judge, Pedapalli in O.P. Nos.247 of 1999,316 of 1999 and 164 of 2001.2. An extent of Acs.693.1 1/2 gts of land out of a total extent of Ac.970.09 gts situate at Lingapur Village, Ramagundam Mandal of Karimnagar District, acquired for Open Cast Mine of Medipalli is the subject-matter of the present appeals. The notification under Section 4(1) of the Act was gazetted on 4-2-1989. By an Award dated 27-3-1991, the Land Acquisition Officer fixed the market value of the acquired lands at Rs. 12,200/- per acre, Rs.2,84,000/- for the seven wells (approximately Rs.32,000/- for each well), Rs. 77.60 ps per Sendhi tree, Rs.96.50 per Toddy tree, Rs.20...
N. Kavitha Vs. N. Veeraiah
Court: Andhra Pradesh
Decided on: Dec-27-2004
Reported in: 2005(2)ALD383; 2005(1)ALT664
ORDERD.S.R. Varma, J.1. Heard the learned counsel for both parties. Perused the material placed before me.2. Wife filed this petition seeking transfer of the O.P. No. 325 of 2003, filed by her husband for divorce, pending on the file of the Court of II Additional Senior Civil Judge, Rangareddy at L.B. Nagar to the Court of Senior Civil Judge, Khammam to be tried along with O.P. No. 133 of 2004 filed by her for restitution of conjugal rights.3. The grounds urged are that the petitioner filed O.P. No. 133 of 2004 for restitution of conjugal rights at Khammam, recently, and that it would be inconvenient for her to go to Rangareddy to contest the OP filed by her husband for divorce, because she is a lonely lady, living with her parents at Thamminenipalem village in Khammam District.4. Learned Counsel for the respondent contends that though conciliation proceedings were initiated they went in vain and that the petitioner filed the O.P. for restitution of conjugal rights much later to the fi...
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