Andhra Pradesh Court August 2005 Judgments
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Shaik Bade Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Aug-10-2005
Reported in: 2006(4)ALD208; 2005(5)ALT635
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by Shaik Bade with a prayer to issue a writ of mandamus declaring the action of the respondents in interfering with the possession of the petitioner in respect of the land in S.Nos. 77/2 and 78/1 admeasuring Ac.2.95 cents and Ac.1.98 cents respectively of Gudilova village, Anandapuram Mandal, Visakhapatnam District, as illegal and arbitrary.2. One Pilla Venkateswarulu Reddy, an ex-serviceman, was the assignee of Ac.2.95 cents of land in S.No 77/2 and Ac.1.98 cents of land in S.No. 78/1 of Gudilova village, Anandapuram Mandal, Visakhapatnam District. The said assignment was made in his favour on 23-1-1969. Under G.O.Ms. No. 1117 Revenue (Assignment-1) Department dated 11-11-1993, alienation of the assigned land in favour of the ex-serviceman is prohibited for a period of ten years from the date of issue of O.K. Patta. The petitioner purchased the land from the original assignee under a registered sale deed dated 22-4-1998...
Kunduru Vinaya Reddy Alias Fathima Mareddy Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-10-2005
Reported in: 2005CriLJ3896
G. Rohini, J.1. The accused in Sessions Case No. 33 of 2002 on the file of the Court of the VI-Addl. Sessions Judge, Guntur (Fast Track Court) are the appellants in these two Appeals. All the three accused were convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to imprisonment for life and to pay a fine of Rs. 5,000/- each in default to undergo simple imprisonment for a period of one year each. They were also convicted for the offence punishable under Section 449 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 3.000/- each in default to undergo simple imprisonment for a period of six months each. Both the sentences have been directed to run concurrently.2. Aggrieved by the said judgment, dated 15-6-2004, the accused Nos. 1 and 2 filed Criminal Appeal No. 1188 of 2004 and the accused No. 3 preferred Criminal Appeal No. 1180 of 2004.3. The prosecution ca...
Rekapalli Krishna Vasu Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2005(5)ALD276
ORDERB. Seshasayana Reddy, J. 1. This writ petition is filed by Rekapalli Krishna Vasu with a prayer to issue writ of certiorari or order or direction in the nature of a writ calling for the records resulting in the impugned order dated 4-7-2005 in G.O. Ms. No. 1229 of Panchayat Raj and Rural Employment, PTS-II, Department and set aside the same as arbitrary, discriminatory and violative of Article 14 of the Constitution of India and principles of natural justice.2. Smt. B. Kamala Kumari, the 6th respondent was elected as Sarpanch of Pamarru Gram Panchayat and she assumed charge as such on 23-8-2001. The Tax Payers and Town Development Society submitted a complaint dated 25-7-2003 to various authorities including the District Collector, (Panchayat Division) Machilipatnam, Krishna District-3rd respondent complaining misuse of Gram Panchayat funds and incurring expenditure contrary to the rules by the 6th respondent. A writ petition being W.P. No. 23070 of 2003 came to be filed by the Ta...
Y. Anjaneyulu Vs. Andhra Bank and anr.
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2005(5)ALD573; 2005(6)ALT28
ORDERP. Lakshmana Reddy, J 1. The unsuccessful writ petitioner filed the present appeal challenging the orders of learned Single Judge dated 29-12-1997 passed in WP No. 27066 of 1997.2. The relevant facts in brief are as follows.3. The appellant/writ petitioner is working as officer in Andhra Bank. The appellant who is a graduate filed an application for appointment to the Banking Service Recruitment Board on 8-5-1980. He was duly selected by the selection board for banking service and he was allotted to Andhra Bank in Andhra Pradesh and after selection he submitted his bio-date on 1-2-1981 to the banking service board and also an application to the Andhra Bank on 13-6-1981. He also submitted medical examination report on 2-9-1981 to Andhra Bank at the time of his joining service. In all the said applications, the appellant declared his date of birth as 15-7-1953. But, subsequently on 2-9-1987 he submitted a representation to the General Manager of Andhra Bank with a request to correct...
Trimex Industries Ltd. Vs. A.P. Mineral Development Corporation Ltd. a ...
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2005(6)ALD399; 2006(1)ALT150; 2006(1)CTLJ273(AP)
ORDERB. Seshasayana Reddy, J.1. Both the writ petitions are filed assailing the action of A.P. Mineral Development Corporation Limited-1st respondent in declaring M/s Stone and Slates Private Limited as H2 bidder pursuant to tender notification No. M&S-44;/BAR-LT/2005 for supply of Barytes mineral.2. The W.P. No. 11033 of 2005 is filed by M/s. Trimex Industries Limited and W.P. No. 11087 of 2005 is filed by M/s Sphera Minerals Private Limited. Since the action of 1st respondent in declaring 2nd respondent as H2 bidder in both the writ petitions is questioned, they are being disposed of by this common order.3. 1st respondent herein is a monopoly over the extraction of Barytes mineral and it issued tender notification No. M&S-44;/BAR-LT/2005 for sale of A grade and B grade Barytes on Ex-mangampet Mines basis. The date of issue of tender documents was 8.4.2005 and the opening of the pre-bid qualification and commercial bid of eligible tenderers was 20-42-005 at 14:30 and 15:30 hours respe...
Vinayak Steels Ltd. and ors. Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2005(2)ALD(Cri)723; 2005CriLJ4337
ORDERG. Yethirajulu, J.1. This revision petition is filed against the order of the Judicial Magistrate of First Class, Shadnagar in Criminal Misc. Petition No. 1930 of 1998 dated II-6-1999 in C.C. No. 107 of 1999. 2. Crime No. 4 of 1999 was registered by the Vigilance Anti-power Theft Squad, of A.P.S.E.B., Nalgonda for the offences under Sections 120-B and 379, IPC and Sections 39 and 44 of the Indian Electricity Act, 1910 for theft of electricity by meddling with the wires in the meter board. The loss was assessed at Rs. 3;63,42,021 /-. The offence was detected on 20-3-1991. After completion of investigation, the charge sheet was laid on 19-3-1994. The Court returned the charge-sheet three times for compliance of certain objections. Finally the charge-sheet was presented on 6-8-1998 along with a petition covered by Criminal Misc. Petition No. 1930 of 1998 under Section 473 read with 468, Cr. P.C. requesting to take the charge-sheet on file. The lower Court allowed the petition through...
Sunkana Sivaram and anr. Vs. Thota Venkata Seshubai (Died) and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2005(6)ALT264
P.S. Narayana, J.1. This Appeal is preferred as against the Judgment and decree in O.S. No. 42/82 on the file of Additional Subordinate Judge, Rajahmundry by defendants 1 and 13. Though the factual matrix appears to be a bit voluminous, the short but the crucial question which falls for consideration in the present Appeal is the interpretation of the Clauses in Ex.B-1 said to have been executed by Sri Gadireddy Rama Rao and the validity thereof in the light of the provisions of the Indian Succession Act, 1925, hereinafter in short referred to as 'Act' for the purpose of convenience.2. Originally, the plaintiff Thota Venkata Seshu Bai, represented by her Power of Attorney holder Thota Ramchandra Rao, filed the suit praying for the following reliefs:(a) to declare the right and title of the plaintiff in all the plaint A to D Schedule properties; to direct the defendants to deliver the plaint A and B Schedule properties to the plaintiff; to direct the 1st defendant to deliver the plaint C...
Kanduri Veera Raghava Charyulu Vs. Nalluri Jagannadha Charyulu (Died) ...
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2005(6)ALD890; 2005(6)ALT344
L. Narasimha Reddy, J.1. This Second Appeal is preferred by the 1st defendant in O.S. No. 442 of 1986, on the file of the I Additional District Munsif, Guntur.2. The suit was filed by the 1st respondent herein (since died and represented by his legal representatives i.e. respondents 5 and 6) for a declaration that the appellant herein is not the hereditary trustee of Sri Sitaramaswamy Vari Temple, Muttupalli, and for perpetual injunction restraining the appellant and the Temple authorities, from holding any enquiry against the 1st respondent. Relief of injunction was also sought against the authorities of the Endowments Department, respondents 3 and 4 herein, from allowing the appellant from functioning as hereditary trustee, or to initiate disciplinary proceedings, against the 1st respondent, in respect of his 'Archakatvam' services. Through its judgment dated 16-4-1993, the trial court decreed the suit. Aggrieved thereby, the appellant filed A.S. No. 91 of 1993, on the file of the II...
Karvy Consultants Limited Vs. Government of India
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2006[]STR75
ORDER1. In this writ petition, the petitioner seeks a declaration that Section 65(19) of the Finance Act, 1994, as amended by the Finance Act of 2003, has no application to the petitioner's service namely 'Registrar and Transfer Agency' and consequently interdict the 2nd respondent from proceeding in furtherance of the show cause notice dated 3-1-2005.2. Facts, to the extent necessary for the purpose of this writ petition, are that the 2nd respondent issued show cause notice dated 3-1-2005 calling upon the petitioner to show cause as to why :-I. An amount of Rs. 1,38,95,128/- should not be paid by them towards service tax on the amounts received by them during the period from 1-7-2003 to 31-1-2004, on account of providing taxable services under proviso to Section 73(1) of the Finance Act, 1994.II. Interest should not be paid by them on the amount demanded at (I) above under Section 75 of the Finance Act, 1994.III. A penalty should not be imposed on them under Section 76 of the Finance ...
T.V.S.S. Kumar Vs. Commissioner of Tribal Welfare and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2005
Reported in: 2006(2)ALD80; 2006(2)ALT279
ORDERV.V.S. Rao, J.1. The petitioner obtained admission in M.B.A. course in Viswa Bharathi Post Graduate College of Engineering and Management. He completed first year. While he was prosecuting his second year studies, the Commissioner of Tribal Welfare by letter Rc.No.4565/2004/ TRI/VC-4 dated 4.6.2005 addressed to the Principal of the College requested to take necessary action against the petitioner as per rules as the petitioner does not belong to 'yanadi' Scheduled Tribe community. Be it noted, the petitioner obtained admission into the course claiming himself to be a Scheduled Tribe candidate. Assailing the said letter of the Commissioner, the petitioner filed W.P.NO. 12564 of 2005. He also sought for interim direction to the Commissioner, the Director of Admissions (M.B.A/M.C.A) and the Principal of the College to permit him to appear for IV Semester Examinations of M.B.A. scheduled on 2.7.2005. This Court admitted the writ petition on 15.6.2005 and also passed interim orders in ...
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