Andhra Pradesh Court January 2005 Judgments
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Mehernosh H. Chenoy Vs. State of Andhra Pradesh, Revenue Dept. and ors ...
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALT365
ORDERBilal Nazki, J.1. This writ petition has been filed in the year 1991. Petitioners seek a writ directing the respondents to initiate Land Acquisition Proceedings afresh by publication of requisite Notifications and Declarations, so that an award is made in terms of the provisions of the Land Acquisition Act, 1894 (for short 'the Act') with respect to the land in Survey No. 171 Mazi Survey No. 37 in Thokatta village. This relief is claimed on the following assertions:That the petitioners are cousins and their mothers, who were sisters in between themselves, were daughters of one late Rustomji Jamshedji Chenoy. Petitioners contend that Begumpet Aerodrome was constructed by erstwhile Government of Nizam. The expansion of the Aerodrome was carried in or about November, 1947, and for that purpose land was acquired in phases. In November, 1947, a notification was published under the Hyderabad Land Acquisition Act. In the said publication, survey numbers of the land, sought to be acquired...
Duda Ramesh and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALD374; 2005(2)ALT773
ORDERP.S. Narayana, J.1. Duda Ramesh and others, the writ petitioners, prayed for the issuance of appropriate writ, order or direction, more particularly one in the nature of writ of certiorari to call for the records relating to and connected with the proceedings of the third respondent in Ref.(B2)9385/93 dated 18.3.1997 and quash the same and pass suitable orders.2. The third respondent-District Collector by the aforesaid impugned order had ultimately arrived at a conclusion after recording certain reasons that the writ petitioners, belong to Adi Andhra by Caste and Christian by religion, who come under BC-C category but not Valmiki (ST) as claimed by them and hence in exercise of the powers conferred on him as per Section 5(1) of the Andhra Pradesh (SC, ST and BCs) Regulation of Issue of Community Certificates Act of 1993, cancelled Valmiki (S.T.) Community Certificate obtained by them on different occasions from the Tahsildar, Rampachodavaram Mandal and the Mandal Revenue Officer, ...
Borige Someswara Rao Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALD386
ORDERP.S. Narayana, J.1. Heard Sri Vijay Kiran representing Sri J. Venugopal Rao, the learned Counsel for the writ petitioner and also the learned Government Pleader for Land Acquisition and also the learned Government Pleader for Revenue.2. The twin questions which had been argued in elaboration by the respective Counsel are (1) Whether the land acquisition proceedings are vitiated for non-issuance of the notice to the writ petitioner under Section 9(3) of the Land Acquisition Act, 1894, hereinafter referred to as 'Act' for the purpose of convenience and (2) Whether the land claimed by the writ petitioner under the sale deed and the land acquired can be said to be one and the same in the light of the specific stand taken by the respondents in the counter-affidavit. The respective Counsel also placed reliance on certain decisions while making their submissions.3. The writ petition is filed by the petitioner for a writ of mandamus declaring the action of the respondents in not issuing n...
A.V.U. Engineers (P) Ltd. Vs. Appellate Deputy Commissioner (Ct), Hyde ...
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALD544; [2005]142STC52(AP)
S. Ananda Reddy, J.1. This batch of writ petitions are filed by the dealers, who are registered under the provisions of both the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the APGST Act') and the Central Sales Tax Act, 1956 (CST Act) and carrying on the business, aggrieved by the action of the first Appellate Authority in refusing to entertain the appeals on the ground that they are barred by limitation. The petitioners are, therefore, seeking writ of mandamus directing the first Appellate Authority to take the appeals on file and decide the same on merits without going into the question of limitation or alternatively to direct the Assessing Officer to reopen the assessments and receive the certificates to be filed by the petitioners and grant necessary relief in accordance with law.2. All the petitioners have filed their returns for different assessment years, in pursuance of which, assessments were made by the assessing authorities. As the claims with ref...
Nafeez Begum Vs. Salla Jothi and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALD815; 2005(3)ALT668
ORDERG. Yethirajulu, J.1. This revision petition is filed by the plaintiff in O.S.No. 96 of 2002 on the file of the Junior Civil Judge, Nirmal in I.A. No. 992 of 2004 in C.M.A.No. 8 of 2002 dated 23-7-2004.2. The revision petitioner filed O.S.No. 96 of 2002 for perpetual injunction to restrain the respondents from making constructions in a site situated in front of his site abutting the road. Along, with the suit, the plaintiff filed I.A. No. 258 of 2002 seeking temporary injunction. On 6-8-2002 the Trial Court granted temporary injunction. Against the said order, the respondents herein, who are the defendants in the suit, filed C.M.A. No. 8 of 2002 on the file of the Senior Civil Judge, Nirmal. During the pendency of the C.M.A., the petitioner herein filed I.A. No. 992 of 2004 under Order 41 Rule 27 read with Section 151 C.P.C. praying the Court to receive a 'certified copy of a map of land records' as additional evidence. The Senior Civil Judge dismissed the said application on 23-7-...
Annadi Linga Reddy Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALT705
ORDERP.S. Narayana, J.1. Annadi Linga Reddy, writ petitioner herein, filed the present Writ Petition praying for a writ, order or direction more particularly one in the nature of mandamus declaring the impugned action of respondents in not paying compensation under A. P. Irrigation Utilisation and Command Area Development Act, 1984, hereinafter referred to as 'Act' for the purpose of convenience, or under any other law, relating to S. No. 785 to an extent of 20 guntas situated at Regadimaddikunta village, Sultanabad Mandal of Karimnagar District even after taking possession of the said land belonging to him as illegal, void and ab initio and further direct the respondents to pay compensation as per the Act or under the Land Acquisition Act, 1894 in the interest of justice and equity and to pass such other suitable orders.2. Sri Aswini Kumar, Counsel representing Sri Y. Rama Rao, the learned Counsel for the writ petitioner, had drawn the attention of this Court to Sections 13 and 17 of ...
Mukhala Kotilingam (Died) by Lrs. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(2)ALD838
ORDERP.S. Narayana, J.1. M. Kotilingam, writ petitioner, is questioning the Order passed by the Joint Collector, Ranga Reddy District, the 1st respondent herein, in File No.B1/ 7643/93 dated 24-6-1996 whereunder it was held that the sale transaction covered by an agreement of sale was held to be valid and the Order of the Revenue Divisional Officer, Chevella in File No.C/541/91, dated 13-12-1991 was set aside and the Order of the Mandal Revenue Officer, Rajendranagar, Rangareddy District dated 18-1-1991 was confirmed.2. The short question which had been argued by the Counsel on record is whether the impugned Order can be sustained in the light of the fact that the property in question being covered by only an agreement of sale.3. The 3rd respondent S. Nagamani filed an application before the 2nd respondent for grant of patta in respect of Ac. 1-06 guntas and Ac. 0-11 guntas in S.N0.154/1A and 155/1 at Kokapet Village. It is stated that S.No.l54/lA is of an extent of Acs.6-12 guntas of ...
Malgireddy Mallareddy (Died) by Lrs. and ors. Vs. Maligireddy Laxma Re ...
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: 2005(4)ALD156
C.Y. Somayajulu, J.1. Since these two appeals arise out of the same suit, they are being disposed of by a common judgment.2. Appellant in A.S. No. 1920 of 1987 filed the suit against his brother and mother seeking partition of the properties specified in the schedules 'A', 'B', 'C' and 'D' appended to the plaint. Subsequently, appellants in A.S. No. 1413 of 1987 filed a petition to implead themselves as Defendants 3 and 4 in the said suit on the ground that some of the properties covered by the plaint 'B' schedule, in fact, belong to them and not to the parties to the suit. That petition was allowed and the appellants in A.S. No. 1413 of 1987 were brought on record as Defendants 3 and 4 in the said suit.3. For the sake of convenience, I would hereinafter refer to the parties are they are arrayed in the Trial Court.4. The case, in brief, of the plaintiff is that he is the adopted son of the second defendant and her late husband Malgireddi Ramaiah and that after his adoption first defend...
Desai Beedi Company Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: [2005]141STC184(AP)
Bilal Nazki, J.1. The appellant is the registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') and also under the Central Sales Tax Act, 1956 (for short, 'the Act, 1956'). The appellant took registration with effect from February 21, 1989 showing its place of business at Sirsilla Road, Kamareddy town, Nizamabad District, Andhra Pradesh. The appellant has its factory at Sholapur in the State of Maharashtra for manufacture of beedis. It is the case of the appellant that during the course of business, it participated in auctions conducted by the forest department, Government of Andhra Pradesh for disposal of beedi leaves collected in the forest. As per the provisions of the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus Leaves) Rules, 1970 (for short, 'the Rules'), the beedi leaves can be transported only under a valid permit, as per the pre-determined route to the destination. Any deviation in transportation, contrary to the transp...
Sudex, Vs. Assistant Commissioner of Gift-tax
Court: Andhra Pradesh
Decided on: Jan-20-2005
Reported in: (2007)210CTR(AP)529; [2007]290ITR511(AP)
M.H.S. Ansari, J.1. As the question posed for our consideration arises out of a common order of the Income-tax Appellate Tribunal ('the ITAT'), Hyderabad 'B' Bench, the three appeals have been heard analogously and are being disposed of by this common judgment.2. The above three appeals are at the instance of the assessee. The three appeals filed by the respective assessees before the Income-tax Appellate Tribunal were disposed of by a common order by the Income-tax Appellate Tribunal. It has been noticed by the Income-tax Appellate Tribunal that the common issue involved in the said three appeals relates to the assessability of the deemed gift, if any, in the property of the assessee-firms, made over to certain minor partners, in settlement of their accounts with the firms, at the time of their retirement from the said firms. The questions of law for our consideration, as framed in the memorandum of appeal by the appellant, are as under:(1) Whether the Appellate Tribunal is right in h...
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