Andhra Pradesh Court January 2005 Judgments
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P. Rajalingam Vs. Deputy Commissioner of Endowments and anr.
Court: Andhra Pradesh
Decided on: Jan-31-2005
Reported in: 2005(2)ALD393
ORDERL. Narasimha Reddy, J.1. The petitioner filed OA No. 1 of 1986 under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') before the 1st respondent for a declaration that the property in Premises No. 5-3-742 of Sankar Bagh admeasuring 240 square yards, does not belong to Tulja Bhavani Temple and that it is his personal property. After undertaking necessary enquiry and hearing the parties, the 1st respondent formed an opinion and submitted the same to the 2nd respondent for confirmation as required under Sub-section (5) of Section 87 of the Act. Through order, dated 25-11-2004, the 2nd respondent refused to confirm the decision of the 1st respondent. The petitioner states that he intends to avail the remedy of appeal under Section 88 of the Act and for that purpose, a copy of the order dated 26.4.2000 passed by the 1st respondent in OA No. 1 of 1986 is necessary. He contends that though he submitted an applicati...
Mrs. T. Nirmala and anr. Vs. Sub Area Commander and ors.
Court: Andhra Pradesh
Decided on: Jan-31-2005
Reported in: 2005(2)ALT537
ORDERDevinder Gupta, C.J.1. Petitioners, who are residents of Subashnagar, Alwal, Secunderabad, allege that the residents of the area had been using the road on which the buses are also plying and the road had been in existence for a long time, and the defence personnel are not allowing the repair of the road which was damaged due to rain. Therefore direction is sought against respondents not to stop the plying of buses.2. Affidavit in reply has been filed by the Quarter Master, MCEME, Secunderabad, stating that there is alternate road available to the residents of the area in question and also for other persons residing in and around the locality. It is stated that security was recently strengthened in the light of the development in the borders with Pakistan and after series of incidents had taken place in various parts of the country involving espionage activities undertaken by I.S.I. agents of Pakistan. Respondents have denied the petitioners right to use the roads which pass throu...
Special Deputy Collector, Land Acquisition (Slbc) Vs. Bolloju Gopaiah ...
Court: Andhra Pradesh
Decided on: Jan-31-2005
Reported in: 2006(2)ALD359
C.V. Ramulu, J.1. This appeal is filed by the Special Deputy Collector/Land Acquisition Officer, SLBC, Devarakonda assailing the Award and Decree passed by the learned Subordinate Judge at Nalgonda in O.P.No.S of 1988, dated 30-3-1994.2. In order to consider as to whether the impugned Award suffers from any infirmities requiring our interference, few relevant facts leading to filing of this appeal may have to be noticed.3. That, in all, an extent of Ac. 1.27 gts. of land and three wells in Survey Nos.l34/7, 195/3E and 194/3A situated at Gundlapalli Village of Nalgonda Mandal was acquired for a public purpose of formation of Srisailam Left Branch Canal. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published in the Gazette on 4-3-1987. The Land Acquisition Officer after following the prescribed procedure passed Award dated 19-9-1987 fixing the market value of the acquired land at Rs.5,300/- per acre and also awarded compensation of...
Mahabubnagar Toddy Tappers Co-operative Society Vs. Superintendent of ...
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(2)ALD34; 2005(2)ALT550
ORDERL. Narasimha Reddy, J.1. In these two writ petitions the proceedings dated 19-1-2005 issued by the Superintendent of Prohibition and Excise, Mahabubnagar, the 1st respondent, under Section 34(1) of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') are challenged. Hence, they are disposed of through a common order.2. The petitioner, in W.P.No.405 of 2005, is the Toddy Tapper Co-operative Society, represented by its President; and W.P. No.716 of 2005 is filed by the same Society through one of its Directors. The respondents in both the writ petitions are common.3. The petitioner-society was formed under the provisions of the Act, with the Toddy Tappers of Mahabubnagar Town as its members. It is granted as many as 17 licences for establishment of 17 shops, in an around the Mahabubnagar Town. The licences are valid upto 31-3-2007. The petitioner is operating through an elected managing committee.4. On the allegation that an unauthorized depot was being run by the petitio...
Burada Kanaka Ratnam Vs. Senior Superintendent of Posts and ors.
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(2)ALD174
P.S. Narayana, J.1. Burada Kanaka Ratnam, the writ petitioner filed the present writ petition praying for issuance of a writ of certiorari calling for records in O.A. No. 1713/98 on the file of Central Administrative Tribunal, Hyderabad, hereinafter in short referred to as 'Tribunal' for the purpose of convenience, and quash the said order and the Memo No. TRG-1/2-1/151 at Mysore dated 19-11-1998 issued by the 4th respondent and to pass such other suitable orders.2. The petitioner claims to be a widow and it is stated that her name was sponsored by Employment Exchange, Eluru in connection with recruitment of Postal Assistants in Bhimavaram Postal Division for the year 1997 and subsequent thereto on 24-9-1998 she was interviewed in the Office of the Superintendent of Posts, Bhimavaram Region, Bhimavaram and thereafter she was directed to undergo induction training for a period of two months at Postal Training Centre, Mysore for appointment as Postal Assistant by proceedings of Senior Su...
K.A. Padmanabham Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(2)ALD32; 2005(2)ALT408; 2005CriLJ2238
ORDERL. Narasimha Reddy, J.1. The petitioner is a practicing advocate in the Courts at Tanuku. The post of Additional Public Prosecutor in the Court of Assistant Sessions Judge, Tanku, has fallen vacant. Steps were initiated in accordance with Section 24 of Cr.PC, for appointment of an incumbent to the post. Petitioner asserts that the names of himself, the 3rd respondent and another were recommended by the District and Sessions Judge, West-Godavari, Eluru, and the panel was forwarded to the District Collector, the 2nd respondent. According to him, the 2nd respondent inserted the name of another advocate, on his own accord, and forwarded the panel to the 1st respondent. Through order in G.O. Rt. No.45, dated 12-1-2005, the 1st respondent appointed the 3rd respondent as Additional Public Prosecutor, for a term of three years. The petitioner challenges the same.2. Sri K.V. Subrahmanya Narasu, learned Counsel for the petitioner, submits that the procedure prescribed under Section 24 Cr.PC...
S. Balappa Vs. Co-operative Tribunal and ors.
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(2)ALT137
ORDERP.S. Narayana, J.1. S. Balappa, the writ petitioner filed the present writ petition praying for a writ of Certiorari calling for the records pertaining to the orders in C.T.A.No. 137/95 dt. 14-7-1996 of Co-operative Tribunal at Hyderabad (1st respondent) herein and quash the same as illegal, arbitrary and against the provisions of the A.P. Co-operative Societies Act, 1964 (hereinafter in short referred to as Act for the purpose of convenience) and pass such other orders.2. Sri S. Narasimha Rao, learned counsel representing the writ petitioner submitted that at no point of time there was an enquiry relating to the writ petitioner and during audit etc., the writ petitioner was not fastened with any liability and it was found that Ravinder, Ramulu and Ambanna alone were responsible and show cause notice was issued as to why recovery should not be effected from them and the mere fact that the writ petitioner, at some point of time, had undertaken to pay the amount would not alter the ...
B. Udaya Bhaskar Rao Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(2)ALT317
ORDERP.S. Narayana, J.1. The writ petition is filed for issuance of a writ or order or direction more particularly a writ of certiorari calling for all the connected records including the impugned order of the first respondent in Re.C5.3392/96 dated 18-2-1997 and quash the same as illegal, improper, unjust, arbitrary and violative of principles of natural justice.2. Sri B. Udaya Bhaskar Rao, the writ petitioner had narrated the factual aspects in detail in the affidavit filed in support of the writ petition. The first respondent filed a counter-affidavit and the writ petitioner also filed a reply affidavit explaining certain additional facts.3. Sri K.G. Krishna Moorthy, learned counsel representing the writ petitioner had taken this court through the impugned order and would contend that even from the very reading of the order it is clear that the writ petitioner was not afforded with proper opportunity. Learned counsel also had brought to the notice of this Court that on self same all...
Jayalaxmi Traders Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(1)ALD(Cri)428; 2005(2)ALT322; 2005CriLJ2907
ORDERV.V.S. Rao, J.Introduction:1. This case presents a shocking incident of an accused convicted by the highest Court of the State of Andhra Pradesh escaping the arm of the law and evading1 arrest to avoid suffering of imprisonment in the prison for the period to which he is sentenced. As the facts in this case unfold, it becomes very clear that criminals can still escape the law with the connivance of law enforcement agencies, even though such criminal has been found to have violated criminal law. The silver line in the dark cloud, however, has been that when this Court refused permission to withdraw the writ petition at a later stage, things moved with a lightening speed ending in bringing the convict to the book.Fact of the Matter:2. Fact of the matter in brief is as follows. The third respondent herein is a businessman. His concern, M/s. Vikas Trading Corporation, Adoni, in Kurnool District, purchased 126 bags of groundnut seeds worth about Rs. 2,28,747/- (Rupees two lakh twenty-e...
Mahabubnagar Toddy Tappers Co-operative Society Vs. Deputy Commissione ...
Court: Andhra Pradesh
Decided on: Jan-28-2005
Reported in: 2005(2)ALD468
ORDERL. Narasimha Reddy, J.1. The petitioner challenges the order dated 18-1-2005, passed by the 1st respondent, the Deputy Commissioner of Prohibition and Excise, Mahabubnagar, dismissing the appeal preferred against the order dated 22-12-2004, passed by the 2nd respondent, the Superintendent of Prohibition and Excise, Mahabubnagar.2. The petitioner is a Toddy Tappers Co-operative Society. The 2nd respondent issued a show-cause notice dated 22-12-2004, directing the petitioner to explain as to why its licences shall not be suspended, on the allegation that the petitioner was found to be running a depot in an unauthorized premises. The petitioner filed WP No. 23280 of 2004, before this Court, challenging the show-cause notice. The writ petition was disposed of, at the admission stage, directing that the 2nd respondent shall consider the explanation submitted by the petitioner, and in the event of any order of suspension being passed, it shall not be given effect to, for a period of two...
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