Andhra Pradesh Court December 2004 Judgments
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A.P. Fishermen's Association Vs. Government of A.P.
Court: Andhra Pradesh
Decided on: Dec-22-2004
Reported in: 2005(1)ALD717
ORDERP.S. Narayana, J.1. The Andhra Pradesh Fishermen's Association filed the present writ petition for a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not including the fishermen as voters under the A.P. Farmers' Management of Irrigation Systems Act, 1997 (Act 11 of 1997) (hereinafter called as 'the Act' for the purpose of convenience) as arbitrary, illegal, improper and unconstitutional and consequently direct the respondents herein to include all the fishermen as members of the petitioners association as voters under Act by deleting Clause 2(1)(a) of the Act and pass such other suitable orders.2. It is stated that the petitioner-Association has been agitating in this regard and also made certain representations. Several other allegations have also been specified in the affidavit filed in support of the writ petition. It is averred that the petitioner's Association is having more than 3 lakh members all ov...
N. Dandapani and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-22-2004
Reported in: 2005(1)ALD(Cri)956; 2005CriLJ2424
ORDERA. Gopal Reddy, J.1. This petition is filed to quash the proceedings in C.C. No. 514 of 2004 on the file of the Additional Judicial Magistrate of I Class, Kurnool initiated against the petitioners by the Drugs Inspector for contrayening the provisions of the Drugs and Cosmetics Act, 1940.2. The petitioners who are A-2 and A-3 in CC No. 514 of 2004 on the file of the Additional Judicial Magistrate of I Class, Kurnool, were charged for the contravention of Section 18(a)(i) read with Section 16 punishable under Section 27(d) of Drugs and Cosmetics Act, 1940 and Rules thereunder.3. The petitioners are the partners representing A-1 firm in the name and style of M/s. Corewell Pharma, situated at No. 9, Nagi Reddy Garden, Guindy, Chennai. It is stated that. A-1 firm deals with manufacture of drugs including Propranolol tablets, I.P.4. The facts of the case in brief are that on 18-3-2003 the Drugs Inspector (L.W. 1-T. Bose Babu) inspected Central Drug Stores of APHM & HIDC, Kurnool and as...
Petakamsetty Ramaswamy Naidu and ors. Vs. Kandrupu Kondadu and ors.
Court: Andhra Pradesh
Decided on: Dec-22-2004
Reported in: 2005(3)ALD853; 2005(4)ALT313
ORDERD.S.R. Varma, J.1. Heard both sides.2. Since both the applications are inter-related and they have substantial bearing on the disposal of the main appeal, with the consent of both the parties, they are being disposed of by this common order.3. A.S.M.P. No. 12019 of 2004 is filed under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure to bring the petitioners on record as Respondent Nos.5 to 17 in the appeal.4. A.S.M.P. No. 15768 of 2004 is filed under Order 23 Rule 1 of the Code of Civil Procedure seeking permission of this Court to withdraw the appeal.5. The appellant is the first defendant, the first respondent is the plaintiff and the Respondents 2 to 4 are the Defendants 2 to 4 respectively in the suit.6. For the sake of convenience, the parties will be referred to as per their array in the suit.7. Few facts, which are necessary, to be mentioned for disposal of the present applications, are as under:The plaintiff filed the suit in O.S. No. 132 of 1995 for sp...
Meka Suryanarayana S/O. Naganna Vs. the Regional Joint Commissioner En ...
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(1)ALD734; 2005(1)ALT748
ORDERL. Narasimha Reddy, J.1. The petitioner is the cultivating tenant of Ac.13.35 cents of land, belonging to Sri Nagareswara Swamy Temple, Jegurupadu Village, Kadiam Mandal, East-Godavari District. The lease is said to have been granted to the petitioner in the year 1970. The petitioner was issued a notice dated 23-04- 2003, intimating that the lease stood terminated, by virtue of the provisions of Section 82 of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987, as amended by Act 27 of 2002, (hereinafter referred to as 'the Endowments Act'). Thereupon, the petitioner filed an application before the 2nd respondent to declare and recognize him as landless poor. Through his order dated 26-11-2004, the 2nd respondent rejected the claim of the petitioner. The Executive Officer of the temple, the 3rd respondent, issued a notification, dated 22-11-2004, proposing to auction the leasehold rights of the land. The petitioner challenges the same.2. Learned counsel for ...
Chenupati Chinnammai, D/O Kondaiah Vs. the Dist. Collector,
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(2)ALD202
ORDERP.S. Narayana, J.1. The writ petitioner prayed for issuance of writ order or direction more particularly in the nature of writ of mandamus calling for records relating to and connected with the draft notification dated 6-9-1994 issued under Section 4(1) of the Land Acquisition Act,1984, hereinafter in short referred as 'the Act' for the purpose of convenience. Section 6 of the draft declaration dated 7-9-1995 issued by 2nd respondent and to set-aside the same as illegal, arbitrary and violation of principles of natural justice and pass other suitable orders.2. It is stated that the petitioner purchased an extent of Ac.0-50 cents in Survey No.300/1 out of Ac.2-25cents from Kurra Anjaneyulu by registered sale deed dated 23-11-1987. The above dry land is in Medikondur Village and Mandal,Guntur District. Since 23-11-1987 she has been in possession and enjoyment of the same by raising cotton crops without any intervention whatsoever. It is further stated that the petitioner came to kno...
Sanaga Balakrishnaiah Vs. State Election Commissioner and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(1)ALD522; 2005(1)ALT754
ORDERL. Narasimha Reddy, J.1. In these two writ petitions, notifications issued to conduct elections to fill the casual vacancies in the Gram Panchayats of Mutyalampadu of Nellore District and Narsipatnam of Visakhapatnam District are assailed. Though the election notification, as such, is not challenged in W.P. No. 23099 of 2004, arguments are advanced canvassing the validity of the same after it was made known to the petitioner herein.2. Elections to both the Gram Panchayats were held in the year 2001. Sri M. Subbar amir eddy was elected as Sarpanch of Mutyalampadu Gram Panchayat died on 18.6.2004. One Chellayamma was elected as Sarpanch of Narsipatnam Village died on 20.4.2004. The State Election Commission initiated steps to fill these vacancies as well as the vacancies in other Gram Panchayats through out the State in accordance with the provisions oftheA.P. Panchayat Raj Act, 1994 (for short 'the Act'). The necessary notifications were issued on 9.12.2004 notifying the election p...
D. Sambasiva Rao Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(1)ALD847; 2007(6)ALT239
ORDERL. Narasimha Reddy, J.1. The 2nd respondent passed an order, dated 4-6-2004, suspending the authorization of the petitioner, on certain allegations. On the same day, he issued a show-cause notice. Aggrieved by the order of suspension, petitioner preferred an appeal before the 1st respondent. Through Order, dated 9-9-2004, the 1st respondent remanded the matter to the 2nd respondent and directed him to conclude the proceedings, positively, within one week from the date of receipt of the order and to report compliance. Petitioner states that the 2nd respondent has not disposed of the proceedings as yet and that he is disabled from functioning as fair price shop dealer.2. Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies.3. The authorization of the petitioner was suspended, way back on 4-6-2004. The 1st respondent refused to interfere with the same when the appeal was preferred by the petitioner. Instead, he has chosen to direct the 2n...
B. Rajamani Vs. Azhar Sultana and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: AIR2005AP260; 2005(2)ALD862
ORDERV.V.S. Rao, J.1. This appeal is preferred by the sixth defendant in O.S.No. 1436 of 1981 on the file of the Court of I Additional Judge, City Civil Court, Hyderabad. By judgment and decree impugned in the appeal, the Trial Court directed Respondents 2 to 4 herein and appellant herein to execute and register sale deed in respect of plaint schedule property in favour of the first respondent herein. The appellant is a subsequent purchaser of the property under registered sale deed from Ramesh Chand Khanna, the predecessor of Respondents 2 to 4. In this appeal for the sake of convenience, the parties shall be referred to as they are arrayed in the suit.2. The plaintiff filed the suit for specific performance of the agreement of sale, dated 4.12.1978 in respect of property bearing Municipal No. 4-1-1 admeasuring 220 square yards situated at King Koti, Hyderabad. Her allegations in the plaint in brief are as follows. The first defendant Ramesh Chand Khanna represented in December 1978 t...
isunuru Sarveswara Rao Vs. Isunuru Venkat Tata Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(2)ALD44; 2005(2)ALT433
ORDERD.S.R. Varma, J.1. Heard the petitioner representing himself. Perused the material placed before me.2. Petitioner filed the present petition seeking transfer of the suit in OS No.310 of 1993 from the file of the Court of Additional Senior Civil Judge, Guntur, to any of the Courts in the twin cities of Hyderabad and Secunderabad or to any of the Courts in Rangareddy District.3. An affidavit has been filed giving out innumerable grounds seeking transfer, which need not be reiterated in the present order.4. The petitioner himself states that he sent representations to the Hon'ble The President of India, the Hon'ble The Prime Minister of India, the Hon'ble The Chief Justice of India and the Hon'ble the Chief Justice of this Court, giving out the same reasons as are stated in the present petition, for transfer.5. At the outset, I do not find any reason for the petitioners to make such representations to the other constitutional functionaries seeking transfer of the said case, when the ...
Union of India (Uoi) Rep. by General Manager South Eastern Railway Vs. ...
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: II(2005)ACC520; AIR2005AP184; 2005(2)ALD525; 2005(2)ALT127
V.V.S. Rao, J.1. The Union of India represented by its General Manager, South Eastern Railway, Calcutta assails the order of the Railway Claims Tribunal, Secunderabad dated 27-7-1998 made in O.A.No. 248 of 1990, whereby and whereunder the learned Tribunal allowed the claim of the respondent herein directing the appellant to pay a sum of Rs. 6,40,882/- with interest at 12% per annum being the excess freight amount or overcharges collected by the appellant from the respondent.2. The case of the respondent herein before the learned Tribunal in a nutshell is that between 1986 and 1988, Rashtriya Ispat Nigam Limited, Visakhapatnam (here in after called 'Visakhapatnam Steel'), booked PVC Insulated Electrical Armoured Conductors from various destinations to its siding at Visakhapatnam duly paying the requisite freight charges at the place of booking. When the goods reached the destination, the same were not delivered to Visakhapatnam Steel on the ground that the freight charges were not corre...
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