Andhra Pradesh Court September 2005 Judgments
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Central Bank of India Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-30-2005
Reported in: 2005(6)ALD480; 2006(1)ALT89; IV(2006)BC371; [2007]138CompCas515(AP)
ORDERV.V.S. Rao, J.1. The petitioner is a nationalized bank. It is aggrieved by the public auction notice dated 2.9.2005 issued by the third respondent. By the said auction notice, the third respondent proposed to conduct public auction to sell away two items of immovable/movable properties belonging to fifth respondent for realising sugarcane dues payable to farmers and arrears of purchase tax to Government. Be it noted that the respondent is taking action in accordance with the provisions of A.P. Revenue Recovery Act, 1864 (for short, Revenue Recovery Act).2. The case of the petitioner bank in brief is as follows. M/s. Kirlampudi Sugar Mills Limited (KSML), fifth respondent herein, availed cash credit limit and term loans from Kakinada branch of the petitioner bank. To secure the loan, KSML allegedly hypothecated the plant and machinery of its factory and created equitable mortgage by deposit of title deeds in respect of agricultural lands admeasuring Acs. 43.08 in Survey Nos. 565, 5...
iddum Balamani (Died) and ors. Vs. Katam Ramanamma and ors.
Court: Andhra Pradesh
Decided on: Sep-30-2005
Reported in: 2006(1)ALT231
ORDERP.S. Narayana, J.1. This appeal is filed by the un-successful first defendant who died pending appeal and appellant Nos. 2 and 3 were brought on record.2. Introduction: The first respondent in the appeal, who is plaintiff in the suit filed the suit for partition of the plaint schedule properties into four equal shares and deliver possession of one such share to her and for rendition of accounts. The learned Subordinate Judge, Rajam recorded the evidence of P.W.1, D.Ws.1 to 5, marked Exs.A-1 and A-2 and Ex.B-1 to B-36 and ultimately granted a preliminary decree for partition. Hence, the appeal.3. Submissions of Sri Koka Raghava Rao: Sri Koka Raghava Rao, learned counsel representing the appellants had taken this court through the respective pleadings of the parties, the issues settled and the evidence of P.W.1 and D.Ws.1 to 5 and would contend that the alleged settlement deed was never acted upon and by virtue of the relinquishment, the appellant/first defendant became the owner of...
Sajja Prabhakar and ors. Vs. Spl. Tahsildar (L.A.), Krishnapatnam ther ...
Court: Andhra Pradesh
Decided on: Sep-30-2005
Reported in: 2006(1)ALD791; 2006(1)ALT224
B. Prakash Rao, J.1. The appellants in these two appeals are the claimants, who seek to assail the judgment and decrees in LA.O.P. No. 98 of 1995 and L.A.OP. No. 1994 of 1995 dated 1 -5-1998 on the file of Subordinate Judge, Nellore. Since both these appeals involve common questions, they are being taken up together for disposal.2. Both the cases arise out of a reference made under Section 30 read with Section 31(2) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') at the instance of the Special Tahsildar (Land Acquisition), Krishnapatnam Thermal Power Station (K.T.P.S.), Nellore and the Authorised Officer and Special Tahsildar (Land Reforms), Nellore.3. The facts, which are necessary for disposal of these two cases and which are undisputed are that on the requisition made by the then A.P. State Electricity Board, Hyderabad for establishing Krishnapatnam Thermal Power Station, an extent of Ac.450-62 cents was acquired by the Government in six reaches as per the N...
Serum Institute of India Ltd. Vs. A.P. Health and Medical, Housing and ...
Court: Andhra Pradesh
Decided on: Sep-30-2005
Reported in: 2006(2)ALD687; [2006]131CompCas135(AP)
ORDERG. Rohini, J.1. This writ petition is filed questioning the illegal action of the 1st respondent Corporation in reconsidering the technical bid of the 2nd respondent Company which was earlier rejected by the Technical Committee in pursuance of the Tender Notice dated 25-5-2005 for procuring Hepatitis-B Vaccine as arbitrary and illegal.2. The facts, in brief, may be noted as under :3. On a request made by the Commissioner of Family Welfare to procure 46.55 lakhs doses of Hepatitis-B Vaccine with World Health Organisation (W.H.O.) pre-qualification, the 1st respondent Corporation floated a global tender vide Tender Notice dated 25-5-2005 inviting tenders through e-procurement platform (on line) for supply of Hepatitis Vaccine. The last date for receipt of tenders was 22-7-2005. As per the tender conditions stipulated under the Tender Notice, only those domestic and international manufacturers complying with W.H.O. pre-qualification and having at least Rs. l crore annual turnover are...
Alla Nageswara Rao (Died) by Lrs. and ors. Vs. Kalipindi Appala Narasa ...
Court: Andhra Pradesh
Decided on: Sep-30-2005
Reported in: 2006(2)ALD755; 2006(3)ALT152
A. Gopal Reddy, J.1. Defendants 2 to 5 and 18 to 20 in the Court below filed this appeal against the judgment and decree of the Principal Senior Civil Judge, Eluru dated 25-8-1999 in OS No. 123/95, whereunder the suit filed by the plaintiffs was decreed in favour of the 1st plaintiff declaring that she is a permanent tenant of the plaint schedule land; directing the defendants 3 to 5 and 18 to 20 to deliver possession of the same and to pay past and future mesne profits.2. Pleadings in nut-shell are as under:3. One Pratapa Venkata Nageswara Viswanatha Sastry was the original owner of the suit schedule property. He executed a permanent lease deed dated 7-2-1951, Ex.A-8, in favour of Mylavarapu Rama Krishna Rao for a maktha of 30 bags of paddy per year payable undertaking to pay the land revenue to the Government. The original owner-lessor Pratapa Venkata Nageswara Viswanatha Sastry sold his rights over the suit schedule property including right to collect maktha of 30 bags of paddy from...
Suruvu Parshaiah Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-30-2005
Reported in: 2005(2)ALD(Cri)806; 2006CriLJ824
ORDERP. Lakshmana Reddy, J.1. This is a Criminal Revision Case filed against the conviction and sentence recorded against the revision-petitioner in C. C. No. 282 of 2001, dated 11-12-2002 on the file of the Judicial Magistrate of First Class (Mobile), Karimnagar which was confirmed in Crl. A. No. 184 of 2002, dated 10-6-2003 on the file of the III Additional Sessions Judge, Karimnagar.2. The revision-petitioner will hereinafter be referred to as accused in this judgment.3-4. The relevant facts in brief are as follows :The Circle Inspector of Police, Karimnagar Rural Police Station filed this case before the learned Magistrate alleging that on 22-11-1997 at about 8.00 p.m. near Padma-nagar in Karimnagar Town, the revision-petitioner-accused drove the A.P.S.R.T:C. bus bearing No. AP- 10-E-1044 in a rash and negligent manner and dashed against the jeep bearing No. MH-l-F-358 corning in the opposite direction while overtaking the tractor parked on the road and thereby caused the death of ...
P. Phanidra Babu Vs. Govt. of A.P., Municipal Administration and ors.
Court: Andhra Pradesh
Decided on: Sep-29-2005
Reported in: 2005(6)ALT603
ORDERV.V.S. Rao, J.1. The petitioner obtained a registered agreement of sale-cum-General Power of Attorney dated 27-8-1997 from the owners of premises bearing D.No. 47-14-3, Dwarakanagar, Ward No. 28, Visakhapatnam. He obtained building permission dated 11-9-1997 from the second respondent Corporation and made construction in accordance with plan. It appears that petitioner thereafter made an application on 7-9-1998 seeking regularization of the deviations/illegal constructions made by him. The petitioner states that the said application is under consideration. In the meanwhile, the second respondent issued notice under Section 452 of Hyderabad Municipal Corporations Act, 1955 (HMC Act, for brevity) on 20-09-2005 stating that the petitioner has violated the provisions of HMC Act, Master Plan Zoning Regulations and the Rules contained in G.O.Ms.No. 423 dated 31-7-1998 by construction of shop rooms in part of the cellar floor meant for parking causing inconvenience to the public. The pet...
S. Triveni Vs. Andhra Mahila Sabha and ors.
Court: Andhra Pradesh
Decided on: Sep-29-2005
Reported in: 2006(1)ALD249
ORDERRamesh Ranganathan, J.1. Questioning the action of the respondents, in seeking to relieve the petitioner from service as a Computer Programmer and for a declaration that the petitioner is eligible to continue in the said post, the present writ petition is filed.2. Facts, to the extent necessary for this writ petition, are that the petitioner, who had undergone training as a computer programmer, obtained P.G. Diploma in Computer Programming from the Setwin Institute of Management and computers. The petitioner submitted her application on 20-7-1998. Pursuant thereto, she was appointed by the first respondent on 27-8-1998. It is her case that since September 1998, she has been working as a computer programmer in the first respondent Institution of which the second respondent is an integral part and that the second respondent is not an independent institution. Petitioner would contend that she is the senior most Computer Programmer, that the School of Informatics is part and parcel of...
Paramveer Singh Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Sep-29-2005
Reported in: 2006(1)ALD354
L. Narasimha Reddy, J.1. In these two writ petitions, the petitioners challenge G.O. Ms. No. 27, Youth Advancement, Tourism & Culture (Sports) Department, dated 4-6-2005, as illegal, contrary to law, irrational and unconstitutional. They seek consequential directions to the respondents to conduct selections for admission into First Year of Engineering Graduate Courses against the seats reserved in favour of sports category, in accordance with G.O. Ms. No. 103, Higher Education Department, dated 15-7-2000.2. The petitioners appeared in the Common Entrance Examination conducted for selection of candidates for admission into the Undergraduate courses in Medicine, Engineering Courses etc. They are from the Mathematics stream and intended to get admission into First Year of Engineering Courses. The rank secured by them did not entitle them to get admission in the ordinary course.3. The Government of Andhra Pradesh issued Rules of Admission for various courses, year after year. It provided f...
Nuvvuru Venkaiah Vs. Pinakina Satyagraha Ashram
Court: Andhra Pradesh
Decided on: Sep-28-2005
Reported in: 2005(6)ALD190; 2006(1)ALT7
C.V. Ramulu, J.1. These two civil revision petitions are filed under Article 227 of the Constitution of India being aggrieved by the common judgment dated 8-3-2004 in CMA Nos. 17 and 18 of 1999 on the file of the learned III Additional District Judge, Nellore confirming the common order dated 15-4-1999 made in A.T.C. Nos. 1 of 1993 and 17 of 1996 on the file of the learned Special Officer-cum-Principal Junior Civil Judge, Nellore. CRP No. 2689 of 20042. A.T.C. No. 17 of 1996 out of which this civil revision petition arises, is filed by the respondent herein (landlord) under Section 13 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') seeking eviction of the petitioner-cultivating tenant from the suit schedule property on the ground that he failed to pay agreed maktha by due date. Whereas, A.T.C. No. 1 of 1993 is filed by the respondent herein under Section 6 of the Act for fixation of fair rent for the petition schedule property. Both these petitions were club...
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