Andhra Pradesh Court February 2005 Judgments
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D. Ameena Bee and ors. Vs. Commissioner, Anantapur Municipality and or ...
Court: Andhra Pradesh
Decided on: Feb-21-2005
Reported in: 2005(3)ALD387; 2005(2)ALT576
B. Sudershan Reddy, J.1. Aggrieved by the common Order, dated 29-12-2004, passed by the learned single judge dismissing the writ petitions filed by the appellants herein, the present batch of appeals has been preferred by them.2. The appellants herein filed the writ petitions challenging the proceedings, dated 17-11-2004, of the Commissioner, Anantapur Municipality, whereby some new implementing agencies were sought to be entrusted with the work of cooking mid-day meal in the schools. The appellants are the existing implementing agencies. The District Collector and District Magistrate, Anantapur vide proceedings, dated 28-12-2002, granted approval of the implementing agencies identified by the Municipalities concerned for implementing the mid-day meal programme in the urban areas with effect from 2-1 -2003. The appellants herein are the identified implementing agencies. The proceedings of the District Collector itself reveal that the amounts released by the Government for the implement...
V.P. Raju Vs. Second Appellate Authority Under Section 48(3) of A.P. S ...
Court: Andhra Pradesh
Decided on: Feb-21-2005
Reported in: 2005(3)ALD757; [2005(106)FLR677]
ORDERB. Prakash Rao, J.1. Heard Sri K. Balagopal, the learned Counsel appearing for the petitioner and Sri V. Hari Haran, the learned Counsel appearing on behalf of the contesting Respondents 2 and 3.2. The short question, which arises for consideration in this writ petition after hearing the Counsel on either side, to the scope and applicability of second proviso to Sub-section (3) of Section 48 of the A.P. Shops and Establishments Act, 1988 (for short 'the Act').3. The facts leading to the ease are that the petitioner is an employee with the Respondents 2 and 3 herein and he 'was removed from service by the second respondent on 7-12-2001, against which, he filed an appeal under Section 48(1) of the Act and ultimately the same was allowed as per the orders in S.E. Case No. 1 of 2001, dated 2-6-2003 directing reinstatement of the petitioner into service with 1/3rd back wages. Challenging the same, the respondents-Management filed the second appeal before the second Appellate Authority ...
North Coastal Wine Distributors Vs. Commissioner of Prohibition and Ex ...
Court: Andhra Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)ALD495
ORDERP.S. Narayana, J.1. M/s. North. Coastal Wine Distributors, Vizianagaram, represented by its Managing Partner-the writ petitioner had invoked the jurisdiction of this Court under Article 226 of the Constitution of India praying for an issuance of appropriate writ, order or direction, preferably a writ in the nature of mandamus declaring the action of the respondents in calling upon the petitioner to pay penal interest in terms of the proceedings of the second respondent made in Letter No. 664/91/A2, dated 27-3-1997 as illegal, contrary to law and consequently direct the respondents not to levy or collect the penal interest in respect of the differential duty already paid by the petitioner pursuant to the enhancement made and pass such other suitable orders.2. The impugned order made by the Assistant Commissioner, Prohibition and Excise, Vizianagaram reads as under:You, M/s North Coastal Wine Distributors, Vizianagaram, have made late payment in respect of the difference of excise d...
DolphIn Bar and Restaurant Vs. Commissioner of Prohibition and Excise, ...
Court: Andhra Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)ALD459; 2005(2)ALT711
L. Narasimha Reddy, J.1. Certain common questions of fact and law are involved in these two writ petitions. Hence, they are disposed of through a common judgment.2. Petitioner in W.P. No. 209 of 2005 is an IL-17 licensee and established a bar and restaurant in the premises bearing No. 12-5-62, Kandukur Village and Mandal, Prakasam District. The petitioner in W.P. No. 283 of 2005, M/s. Sai Krishna Wines, is an IL-24 licensee, having its shop in the same village. M/s. Sai Laxmi Wines, the third respondent in that W.P., is another licensee in IL-24 and it had its shop in the premises bearing No. 12-5-63, in the immediate neighbourhood of the petitioner in W.P.No. 209 of 2005.3. M/s. Sai Laxmi Wines intended to shift its shop from the premises bearing No. 12-5-63 and selected the house of one Mr. M. Srinivasa Rao, Kovur Road, Kandukur. In the premises vacated by M/s. Sai Laxmi Wines, M/s. Relax Bar and Restaurant, third respondent in W.P. No. 209 of 2005, intended to establish a bar and re...
Dr. Bobbili Lakshmikanth Vs. N. Vittal and anr.
Court: Andhra Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)ALT478
ORDERA. Gopal Reddy, J.1. This revision petition is filed under Article 227 of the Constitution of India to revise the orders passed by the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, dt.23-6-2004 IA(SR) No. 5549/ 2004 in OP (SR) No. 2249/2004, whereunder petition filed for restoration of OP (SR) No. 2249/2004 was returned.2. The petitioner herein, as an indigent person, filed above OP (SR) No. 2249/2004 under Order VII Rule 1 and under Order 33 r/w Section 26 CPC seeking damages for an amount of Rs. 40,00,000/- from the respondents, before the learned Principal District Judge, Ranga Reddy District. Office returned the same with certain objections on 9-3-2004. The petitioner again resubmitted the same on 31 -3-2004. When the trial court called the said OP on Bench on 9-4-2004, the petitioner called absent, therefore the trial court rejected the said OP. On such rejection, the petitioner filed a petition under Order 9 Rule 9 r/w 151 CPC for setting aside the re...
P. Narasimha Reddy and anr. Vs. Sub-registrar, Shameerpet Mandal and a ...
Court: Andhra Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)ALD807; 2005(4)ALT260
ORDERP.S. Narayana, J.1. Heard Ms. Satyavathi, learned Counsel representing the writ petitioners and the learned Government Pleader for Revenue.2. The writ petitioners filed the present writ petition seeking a writ of mandamus or any other appropriate direction regarding the action of the first respondent in refusing to register the document presented by the petitioners for registration without assigning any reasons, as illegal, arbitrary and without jurisdiction, and consequently direct the first respondent to receive and register the documents that may be presented by the petitioners for registration in respect of petitioners' lands and pass such other suitable orders.3. It is averred that the petitioners are agriculturists by profession and are the absolute joint owners and possessors of the agricultural lands situated at Devara Yamjal Village, Shameerpet Mandal, Rangareddy District, and they inherited the above properties from their father. It is stated that some of the properties ...
Kolla Srinivas Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)ALD(Cri)250; 2005CriLJ2440
ORDERA. Gopal Reddy, J.1. This is a petition filed under Section 482, Cr. P.C. to quash the proceedings in C.C. No. 699 of 2004 pending on the file of the I Additional Judicial First Class Magistrate, Khammam.2. The case of the complainant is that he supplied 42 lorry loads of paddy worth Rs. 11,70,000/- to the rice mills through the petitioner-accused and the petitioner-accused collected the amount for the paddy supplied and used to say to the complainant that the amount was not received from the rice millers. On enquiry, the complainant came to know that the entire amount due was already paid to the petitioner-accused. Then, the complainant demanded the petitioner-accused for payment of the amount. But, the petitioner-accused evaded the payment and threatened that he would commit suicide by stabbing himself and foist a case against the complainant. Hence, the charge-sheet.3. The learned counsel for the petitioner-accused contends that delivery of the rice was made to the millers dire...
R.G. Chandra Mohan and ors. Vs. State of A.P. Rep. by Sho I-town P.S. ...
Court: Andhra Pradesh
Decided on: Feb-17-2005
Reported in: 2005(2)ALD(Cri)27; 2005(2)ALT64
ORDERA. Gopal Reddy, J.1. This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No. 17 of 2001 pending on the file of II Additional Judicial First Class Magistrate, Rajahmundry.2. A short but an interesting question arises for consideration in this petition is when once the petitioners failed to get the proceedings quashed can they again invoke the jurisdiction of this Court under Section 482 Cr.P.C.3. Pursuant to tender notification issued by the accused for distributorship of Arun Ice Cream, the 2nd respondent/complainant applied for the same to the entire town of Rajahmundry and after discussion, both the parties agreed that the distributorship will be given to the complainant. It is the case of the complainant that on such agreement, he was called upon to deposit the amount and accordingly an amount of Rs. 15,000/- was paid on 16-11-1995 by way of two demand drafts each worth Rs. 7,500/- and also addressed a letter on 6-12-1995 specifically stating that ...
Jupalli Srinivasa Rao Vs. Commissioner, Municipality
Court: Andhra Pradesh
Decided on: Feb-17-2005
Reported in: 2005(2)ALD612
ORDERP.S. Narayana, J.1. Jupalli Srinivas Rao, the writ petitioner had invoked the jurisdiction of this Court under Article 226 of the Constitution of India being aggrieved of the order made by the respondent dated 3-8-1996, by virtue of which, it is stated that the permission which was already granted in B/1686/93 dated 31-1-1994 vide No. B1/ 282/95, had been revoked.2. Heard Sri B.V. Bakshi, learned Counsel representing the writ petitioner and Polisetti Radha Krishna, learned Standing Counsel representing the respondent-Commissioner Municipality, Sircilla.3. The learned Counsel representing the writ petitioner had pointed out that the Regional Deputy Director of Town and Country Planning, Warangal, vide proceedings in Roc.No. 566/95/WRD/W2 dated 3-4-1996, in fact, had advised the Municipal Commissioner to follow the opinion given by the Municipal Standing Counsel at the reference 11th cited and granted building permission to applicants cited in Reference Nos. 3, 14, 15 and 16 and let...
Divisional Manager, Apsrtc Vs. State Transport Appellate Tribunal and ...
Court: Andhra Pradesh
Decided on: Feb-17-2005
Reported in: 2005(2)ALD671
ORDERP.S. Narayana, J.1. The Divisional Manager, APSRTC, Jaggaiahpet, Krishna District filed this writ petition praying to call for the records relating to the Order in A.P. No.313 of 1995 dated 12-12-1996, on the file of the 1st respondent herein and to quash the same by way of issue of a writ of certiorari or any other appropriate writ or Order.2. The main controversy between the parties is in relation to the fact whether the route in question is a town service route or not. The 2nd respondent-Regional Transport Authority had recorded a reasoning that the APSRTC is running adequate number of services in the route, in question, and the length of the route is too short for a private operator to operate buses and hence, the Regional Transport Authority feels that there is no necessity for increase of more buses on this route and accordingly, the application had been rejected. Aggrieved by the same, the 3rd respondent herein, Smt. T.Pushpa-the applicant preferred A.P.No.313 of 1995 befor...
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