Andhra Pradesh Court December 2006 Judgments
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Sheelam Swamy Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Dec-20-2006
Reported in: 2007(4)ALT196
ORDERGoda Raghuram, J.1. The petitioner seeks a unique relief couched in general terms. The petitioner seeks a direction to the respondents 'not to interfere with the life and personal liberty of the petitioner except in accordance with procedure established under law, and to grant such other relief or reliefs as this Hon'ble court deems fit and proper in the circumstances of the case.'2. The petitioner asserts to being the District Secretary of Nalgonda CPI (ML)(L) Party, which is claimed to be a political organization working amongst rural poor, organized and unorganized labour. The petitioner asserts that the Party is not banned either in the State or anywhere else in the country. The petitioner also asserts that respondent Nos. 10 and 11 do not belong to the Party and were not members of the Party at any point of time. The petitioner asserts that the Party has no faith in armed struggle and none of the members carry weapons and the Party is engaged in peaceful and democratic endeav...
Nainaz Jehangir Darabhana Vs. Regional Passport Officer
Court: Andhra Pradesh
Decided on: Dec-19-2006
Reported in: 2007(1)ALT250
ORDERG. Rohini, J.1. This writ petition is filed seeking a declaration that the proceedings of the respondent-Regional Passport Officer, Secunderabad, dated 1 -8-2006 are arbitrary and illegal.2. The facts, in brief, are as under:The petitioner was issued a passport, dated 9-11-1995.However, her place of birth as well as the date of birth were wrongly entered in the said passport. Since, the said passport was valid only upto 8-1 -2005, while making an application, dated 25-11 -2005 for grant of a fresh passport, the petitioner sought for necessary corrections. In response to the same, the respondent called upon the petitioner to furnish a declaratory order from the civil Court. Aggrieved by the same, the petitioner filed W.P.No. 5528 of 2006. After hearing both the parties, the said writ petition was disposed of with a direction to the respondent to consider the petitioner's request for corrections in the passport in terms of the Circular dated 18-4-2001 issued by the Ministry of Exter...
Y. Prasad Rao, (Died) by Lrs. Vs. P. Venkat Raju
Court: Andhra Pradesh
Decided on: Dec-19-2006
Reported in: AIR2007AP142; 2007(2)ALD573; 2007(3)ALT403
L. Narasimha Reddy, J.1. The defendants in O.S. No. 185 of 1982 on the file of District Munsif, Bodhan, filed this second appeal. During the pendency of the second appeal, both of them died and their legal representatives are brought on record. The suit was filed by the sole respondent herein for the reliefs of:(a) cancellation of the order of confirmation of sale, dated 6-2-1978 passed in E.P. No. 18 of 1974 in O.S. No. 7 of 1972;(b) for recovery of possession of the property sold thereunder;(c) for recovery of mesne profits at the rate of Rs. 300/- per year from the date of suit; and for a decree for Rs. 3,000/- towards damages.2. On an earlier occasion, the 1st appellant filed O.S. No. 7 of 1972 against the respondent for recovery of a sum of Rs. 2,724/- in the Court of District Munsif, Bodhan. The suit was decreed on 30-12-1973. After the decree became final, he filed E.P. No. 18 of 1974 and brought the house of the respondent to sale. The 2nd appellant became the auction purchaser...
Bonthu Satyanarayana and ors. Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2006
Reported in: 2007(2)ALT523
ORDERP.S. Narayana, J.1. The writ petition is filed for a writ of Mandamus declaring the notice Ref. (B-2) 374/96, dated 20-9-1996, issued by the Mandal Revenue Officer, Kakinada (Rural) and the Notification Ref. L-1/6871/93, dated 19-12-1996, issued by the Collector, East Godavari District, Kakinada, as illegal and void and direct the respondents 1 and 2 to desist from giving effect to the same and pass such other suitable orders.2. Sri V.L.N. Gopala Krishna Murthy, learned Counsel representing the writ petitioners had taken this Court through the contents of the affidavit filed in support of the writ petition and would maintain that when once possession is taken, the question of invoking Section 48 of the Land Acquisition Act, 1894 (hereinafter in short referred to as the Act' for the purpose of convenience) would not arise. The learned Counsel placed strong reliance on several decisions to substantiate this stand taken by him. The learned Counsel also pointed out that even prior ord...
Sri Kalika Devi Temple Bhajana Mandali Vs. Commissioner of Endowments, ...
Court: Andhra Pradesh
Decided on: Dec-19-2006
Reported in: 2007(2)ALD294; 2007(3)ALT257
ORDERP.S. Narayana, J.1. Sri Kalika Devi Temple Bhajana Mandali, Tandur, Ranga Reddy District, represented by its Secretary, filed the present writ petition praying for the issuance of writ of Mandamus directing Respondent Nos. 1 to 3 to put 17 shops including the shops allotted to Respondent Nos. 4 to 19 by public auction as per Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Immovable Properties (other than Agricultural Lands) Lease Rules, 1982, (hereinafter in short referred to as 'Rules' for the purpose of convenience) and fix the rents and to pass such suitable orders.2. Sri N. Vasudeva Reddy, learned Counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition, the respective stands taken in the counter-affidavit filed by Respondent Nos. 1 and 2 and also the counter-affidavit filed by Respondent Nos. 12 to 19. The learned Counsel also would contend that the general rule is that ...
Amarnath Vyas Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-19-2006
Reported in: 2007CriLJ2025
ORDERT. Ch. Surya Rao, J.1. The instant case is coming up for consideration under the caption 'for being mentioned'. When the petitioner initially applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (for short 'the C.P.C.) having regard to the accusation that he perpetrated the offence punishable under Section 63 of the Copyright Act, 1957 (Act No. 14 of 1957) (for short 'the Act'), this Court dismissed the anticipatory bail on the ground that the offence alleged is bailable and therefore no application for anticipatory bail could be maintained.2. Having regard to the magnitude of the offence alleged to have been perpetrated by the petitioner apprehending that it would cause considerable damage to the prosecution, the learned Public Prosecutor sought the order to be reconsidered on the premise that the offence alleged is a non-bailable one, but not a bailable one.3. Heard extensively the arguments of the learned Public Prosecutor. Sec...
E.S.i. Corporation, Rep. by Its Regional Director Vs. Chairman and Pre ...
Court: Andhra Pradesh
Decided on: Dec-19-2006
Reported in: 2007(4)ALT86; (2007)IIILLJ900AP
ORDERA. Gopal Reddy, J.1.Since the issue involved in both the writ petitions and the facts are common, they are heard together and are being disposed of by this common order.2. The petitioner-Employees' State Insurance Corporation obtained a rule from this Court calling upon the respondents to show-cause as to why a writ in the nature of certiorari should not be issued calling for the records and quashing the orders dated 4-4-1995 passed in I.D. Nos. 1 and 2 of 1995 on the file of Chairman and Presiding Officer, Industrial Tribunal-cum-Labour Court, Visakhapatnam.3. The Inspector of petitioner-Corporation on 26-7-1991 inspected the organization of the second respondent to verify whether the provisions of the Employees' State Insurance Act, 1948 (for short 'the Act') are applicable and found that more than 20 workers are employed in the second respondent organization. Accordingly, he addressed a letter to the second respondent on 4-9-1991 requesting it to comply with the provisions of t...
Seguri Jangaiah Vs. A.P. Khadi and Village Industries and anr.
Court: Andhra Pradesh
Decided on: Dec-18-2006
Reported in: 2007(2)ALD464; 2007(3)ALT69
ORDERV.V.S. Rao, J.1. Khadi Gramodyog Sangh, Kalwakurthy, Mahaboobnagar District (Khadi Sangh, for brevity) obtained loan from A.P. Khadi and Village Industries Board - first respondent herein. There was default in repayment of the amount advanced. Therefore, action was initiated under A.P. Revenue Recovery Act, 1864 (the Act, for brevity). Auction notice was issued on 7.8.2006. The conditions of auction inter alia provided that the auction is liable to be cancelled without assigning any reasons or liable to be stopped. Khadi Sangh committed default in paying arrears to a tune of Rs. 7,00,000/- (Rupees seven lakhs only). In the auction conducted on 26.8.2006, petitioner herein became the highest bidder at Rs. 14,00,000/- (Rupees fourteen lakhs only). The petitioner paid a sum of Rs. 3,50,000/- including the Earnest Money Deposit (EMD). However, first respondent informed the petitioner that the auction is not confirmed by second respondent and he was advised to take return of the demand...
Government of Andhra Pradesh, Rep. by Its Prl. Secretary (P.R. and R.D ...
Court: Andhra Pradesh
Decided on: Dec-18-2006
Reported in: 2007(2)ALT263
ORDERG.S. Singhvi, C.J.1. By this order, we are disposing of the writ appeals filed by the State of Andhra Pradesh and its functionaries, Andhra Pradesh State Election Commission (for short, 'the State Commission') and some private individuals against order dated 20-6-2006 passed by the learned Single Judge in Writ Petition No. 10965 of 2006 - N. Sekhar v. The Government of A.P. and Ors. and batch whereby he quashed notification dated 10-6-2006 issued by the State Commission under Article 243K of the Constitution of India read with Section 201 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, 'the 1994 Act') and Rule 4 of the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006 for election of the members of Zilla Parishad Territorial Constituencies (ZPTCs) and Mandal Parishad Territorial Constituencies (MPTCs) except those specified in the notification, as also electoral lists prepared in furtherance of that notification. Simultaneously, we are disposing of the writ...
Yanadhi Jayaramaiah Vs. Veluru Vijayamma and ors.
Court: Andhra Pradesh
Decided on: Dec-18-2006
Reported in: 2007(5)ALD79
ORDERL. Narasimha Reddy, J.1. The Tr. CMP and CMA arises between the same parties. Hence, they are disposed of by this common order.2. For the sake of convenience, the parties herein are referred to as arrayed in the Tr.C.M.P.3. This Tr.C.M.P., is filed with a prayer to withdraw A.S. No. 42 of 2004 from the Court of III Additional District Judge, Tirupati, and to post the same before any other Court of competent jurisdiction at Tirupati.4. The petitioner filed O.S. No. 49 of 2001 in the Court of Senior Civil Judge, Srkalahasthi, against the respondents, for the relief of perpetual injunction, in respect of the suit schedule properties. Respondents 3 and 4 are said to have filed O.S. No. 10 of 1999, in the same Court, for the relief of declaration of title and perpetual injunction, in respect of the very property, against the petitioner, his vendor and another. Through separate judgments, dated 18-8-2003, the trial Court decreed O.S. No. 49 of 2001 and dismissed O.S. No. 10 of 1999.5. R...
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