Andhra Pradesh Court January 2006 Judgments
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H.H. Arjun Doss Mahant, Disciple of Guru Devender Dass, Sri Swamy Hath ...
Court: Andhra Pradesh
Decided on: Jan-27-2006
Reported in: 2006(3)ALD22; 2006(2)ALT588
ORDERG. Rohini, J.1. The petitioner in these two Writ Petitions is the Mahanth of Sri Swamy Hathiramji Mutt, Tirumala Tirupati.2. W.P.No.4326 of 2002 has been filed aggrieved by the action of the Commissioner of Endowments, A.P., Hyderabad in continuing the Special Grade Deputy Collector appointed by the Government as the Custodian for managing the secular affairs of Sri Swamy Hathiramji mutt including administration of its properties.3. During the pendency of the said writ petition, the Government of A.P. passed an order dated 10-07-2003 setting aside the proceedings of the Commissioner dated 6-7-2000 whereunder permission was accorded to the petitioner to succeed to the office of the mathadhipathi of Sri Swamy Hathiramji Mutt. The said order dated 10-07-2003 is under challenge in W.P. No. 14856 of 2003.4. Since the parties to both the writ petitions are common and since both the writ petitions are based on the same set of facts involving common questions of fact and law, they are hea...
Dharvath Kotia (Died as Per Lrs.) and ors. Vs. Joint Collector and Add ...
Court: Andhra Pradesh
Decided on: Jan-27-2006
Reported in: 2006(3)ALD196; 2006(2)ALT486
D.S.R. Varma, J.1. Heard both sides.2. This reference came up for consideration before us upon an order of reference made by a learned Single Judge of this Court.3. This is a case where the third respondent was given certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950 (for brevity 'the Act'). Unfortunately, in the order of reference passed by the learned Single Judge an inadvertent mistake had crept in, stating that it was the petitioner who was granted the certificate under Section 38-E of the Act. The Act also was described as Act of 1956, which also obviously, a typographical mistake. It was further stated in the said order that it was the petitioner who was not in actual and physical possession of the disputed property and that it was he who filed the petition before the Tahsildar and that certain orders have been violated.4. But, the fact is otherwise; and the defect in the order can simply be cured by inserting expression ...
S. Murali Krishna Vs. A.P. Scheduled Castes Co-operative Finance Corpo ...
Court: Andhra Pradesh
Decided on: Jan-27-2006
Reported in: 2006(3)ALD539; [2006(110)FLR392]
ORDERL. Narasimha Reddy, J.1. The petitioner is employed as Deputy Executive Engineer, in the Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Limited. A trap was laid upon him on 23.5.2005, and he was found red-handed, accepting a sum of Rs. 5,000/-, as illegal gratification, from one Sri Hari Prasad Naidu. The respondent issued orders, dated 28.5.2005, placing the petitioner under suspension, with effect from 23.5.2005. The same is challenged in this writ petition.2. Sri K.G. Krishna Murthy, learned Counsel for the petitioner, submits that the respondent placed the petitioner under suspension, by invoking the power under Sub-rule (1) of Rule 8 of the A.P. Civil Services (CC&A;) Rules 1991 (for short 'the Rules'), though the said rules are not applicable to the respondent-Corporation. He contends that there are no proceedings, through which the Rules have been adopted by the Corporation. Learned Counsel further submits that the person, at whose instance the trap was la...
N. Padmakar Reddy Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jan-27-2006
Reported in: 2006(1)ALD(Cri)538; 2006CriLJ2160
ORDERV.V.S. Rao, J.1. The petitioner is accused No. 4 in P.R.C. No. 1/98 on the file of the Court of the Judicial Magistrate of First Class, Nandalur, Cuddapah District. The said P.R.C. arose out of Crime No. 25/97 of P.S. Pullampet, under Sections 302 and 379 of the Indian Penal Code, 1860. The petitioner seeks writ of mandamus declaring the action of the Deputy Superintendent of Police, the fifth respondent herein, in filing a memo before the Court of JFCM, Nandalur, requesting to proceed with the case based on the charge-sheet filed by P.S. Pullampet, as illegal and arbitrary. The petitioner also seeks a further direction to the seventh respondent to exonerate the petitioner from Crime No. 25/97 based on the report of the Deputy Superintendent of Police, CBCID, Nellore, the fourth respondent herein.2. The fact of the matter is not much in dispute. On 20-6-1997, One Poli Peddi Reddy and his unmarried daughter Poli Jyothi were murdered on the metal road running from Puttanavari Palli ...
New Kamal Bar and Cafe Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jan-27-2006
Reported in: (2007)6VST421(AP)
ORDERBilal Nazki, J.1. All these writ petitions raise common questions of law and fact and therefore, they are being disposed of by this common order.2. Writ Petition No. 9242 of 2005 has been filed by a third party, whereas the other writ petitions have been filed by the sureties. The question which need to be answered in all these writ petitions is whether the recoveries ordered against the sureties, vide impugned orders of the respondents, are justified or not.3. It is seen that notices and sale proclamations in all the cases have been made with regard to the property belonging to the sureties for the years for which they did not stand as surety. Some of them had given sureties about a decade before and it is submitted by the learned Counsel appearing for the petitioners that all sureties given, shall have to be construed as sureties against the assessment of tax for a period of one year, as estimated by the dealer himself. Reliance is placed on Section 12 of the Andhra Pradesh Gene...
Shraddha Goel Vs. Collector (Market Valuation) and ors.
Court: Andhra Pradesh
Decided on: Jan-25-2006
Reported in: 2006(3)ALD232; 2006(5)ALT237
ORDERC.Y. Somayajulu, J. 1. When Andhra Pradesh State Finance Corporation (APSFC) advertised for sale in public auction of a plot to an extent of 1975.55 sq.ft in D-7 phase V, IDA, Patancheru, Medak District for the default committed by its owner borrower, petitioner participated in the bid and became the highest bidder for Rs. 2,70,000/-, which was accepted by the APSFC, which later executed a sale deed in respect of the said property and presented it to the Sub-Registrar, Sangareddy (3rd respondent) who, instead of registering the same, kept it pending after receiving a registration fee of Rs. 1,621/- and referred it to the Collector (Market Valuation) Sangareddy, for determination of the market value of the property, under Section 47-A of the Indian Stamp Act, 1899 (for short 'the Act'). Thereafter, since no action has been taken, petitioner addressed several letters seeking registration of the document for which there is no response. Hence he filed this petition seeking a direction...
M. Kalyani Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-25-2006
Reported in: 2006(5)ALD796
G. Bhavani Prasad, J.1. This is an appeal for setting aside order dated 16.9.2005 passed by the learned Single Judge, vide which he dismissed Writ Petition No. 11962 of 2005 filed by the appellant for quashing orders dated 9.10.2004, 17.2.2005 and 29.5.2005 passed by Revenue Divisional Officer, Markapur, Prakasam District (Respondent No. 3), Joint Collector, Prakasam (Respondent No. 2) and District Collector, Prakasam (Respondent No. 1) respectively, under the Andhra Pradesh Public Distribution Control Order, 2001 (hereinafter described as 'the Control Order').2. The appellant was appointed as Fair Price Shop Dealer for C. Kothapalli Village, Pullalacheruvu Mandal, Prakasam District some time in 1996. In July, 2004, Mandal Revenue Officer, Pullalachervu Mandal sent a report to respondent No. 3 stating therein that the appellant had committed several irregularities as fair price shop dealer. Thereupon, respondent No. 3 issued show-cause notice to the appellant and suspended her authoriz...
Karumuri Prakash Vs. Arya Vysya Sangham and ors.
Court: Andhra Pradesh
Decided on: Jan-24-2006
Reported in: 2006(2)ALD387; 2006(1)ALT733
ORDERG. Chandraiah, J.1. Heard both the counsel.2. This petition is filed seeking for grant of leave to the petitioner to file an appeal against the judgment and decree dated 13-8-2001 passed by the court of Senior Civil Judge, Bapatla in O.S.No. 66/1995.3. The petitioner is a third party to the suit. The case of the petitioner in the affidavit filed in support of the leave petition is that the respondents 1 to 3 herein filed the suit in O.S.No. 66/1995 on the file of Senior Civil Judge, Bapatla against the Commissioner of Endowments Department and other trustees for declaration that the institution Sri Vasavi Kanyaka Parameswari Temple complex situate at Ponnur, as a religious denomination under Article 26 of the Constitution of India, (ii) for the consequential relief of directing the defendants to handover the management of the institution along with its properties to 1st plaintiff, and (iii) for consequential relief of permanent injunction restraining defendants 1 to 3 from ever in...
Pallavi Enclave Flat Owners Welfare Association, Rep. by Its Secretary ...
Court: Andhra Pradesh
Decided on: Jan-24-2006
Reported in: 2006(2)ALD272; 2006(2)ALT151
ORDERV.V.S. Rao, J.1. Pallavi Enclave Flat Owners Welfare Association (the Association, for brevity) and nineteen (19) of its members filed the instant writ petition seeking a writ of Mandamus declaring the orders of the State of Andhra Pradesh, the first respondent herein - in G.O.Rt.No. 706, dated 17-6-1995 as illegal and arbitrary, to set aside the same and consequently direct respondents 2 and 3 -namely, Visakhapatnam Urban Development Authority (VUDA) and Visakhapatnam Municipal Corporation (VMC) to demolish illegal constructions made by fourth respondent in the premises known as Pallavi Enclave in Survey Nos.2/3, 44/3A, 3B, 44/4 and 44/5 of Dondaparthy Village, Visakhapatnam. The petitioners also seek a direction to the fourth respondent to surrender 763.84 Sq. metres of site and also the land covered by 40 feet service road to enable VMC to lay said road. Be it noted that by G.O.Rt.No.706, dated 17-6-1995 the first respondent purporting to exercise the powers vested under A.P. U...
Government of A.P. Vs. National Council for Teacher Education and ors.
Court: Andhra Pradesh
Decided on: Jan-24-2006
Reported in: 2006(2)ALD120
B. Seshasayana Reddy, J.1. This writ petition has been filed by the Government of Andhra Pradesh represented by its Secretary to the Government, School Education Department, Hyderabad with a prayer to issue a writ of mandamus declaring the action of respondents in granting recognition to various colleges in Andhra Pradesh for starting D.Ed courses without No Objection Certificate as illegal and arbitrary.2. Dr. P. Krishnaiah, Secretary to Government, School Education Department has sworn to the writ affidavit. The case of the writ petitioner as set out in the writ affidavit, in brief, is:The National Council for Teacher Education Act, 1993 (for short Act) was enacted with a view to achieve planned and co-ordinated development for teacher education system throughout the country. The functions of the National Council for Teacher Education (for short NCTE) are laid down in Section 12 of the Act. The NCTE issued guidelines to State Government on 2.2.1996 for issuance of No Objection Certif...
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