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Andhra Pradesh Court January 2008 Judgments

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Jan 29 2008

Ediga Gangamma and anr. Vs. State of Andhra Pradesh Rep. by App

Court: Andhra Pradesh

Decided on: Jan-29-2008

Reported in: 2008(1)ALD(Cri)733; 2008(1)ALT(Cri)374

G. Yethirajulu, J.1. This Appeal is preferred by the Accused in S.C. No. 328 of 2001 on the file of the Additional Sessions Judge, Nalgonda. 2. The accused were charged for the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') for allegedly possessing 25 litres of toddy in a white plastic can on 22-08-1998 at the TFT toddy shop belonging to A-2 in Peddamanthur village. They denied the charges and claimed for trial.3. The story of the prosecution leading to the conviction of the accused is briefly as follows:The Excise Inspector, Penukonda along with his staff proceeded to Peddamanthur village on 22-08-1998 in a government van, picked up panchayatdars and visited the TFT Toddy shop of A-2 at about 1-40 PM. A-1 was present in the shop transacting toddy business. PW-4 found M.O.1 containing 25 litres of toddy. When A-1 was asked, she could not produce the licence and other records. PW-4 tested the toddy with the kit available with ...


Jan 29 2008

Bukke Lakshma Naik Vs. State Election Commission and ors.

Court: Andhra Pradesh

Decided on: Jan-29-2008

Reported in: 2008(2)ALD657; 2008(2)ALT768

ORDERV. Eswaraiah, J.1. Heard the learned Counsel for the petitioner as well as the Standing Counsel appearing for the 1st respondent-State Election Commission and the learned Government Pleader for Panchayat Raj appearing for respondents 2 to 6 and Sri Ravindra Bharati, learned Counsel for the 7th respondent.2. The petitioner questions the Proceedings No. 730/SEC-B2/2006 dated 29.7.2006 of the 1st respondent-State Election Commission, in re-notifying the election programme for the Office of the Sarpanch and the Ward Member pertaining to Ward No. 9 of Adireddypalle Gram Panchayat from the stage of publication of list of contesting candidates and also rescheduling the date of poll for conducting elections of Ward Members of other Wards to synchronize it with elections of Sarpanch and Ward Member of Ward No. 9 of Adireddypalle Gram Panchayat in Mydukuru Mandal, Kadapa District.3. A perusal of the said notification of the State Election Commission would go to show that the election notifi...


Jan 29 2008

Bimidi Yella Reddy Vs. Joint Collector-ii and ors.

Court: Andhra Pradesh

Decided on: Jan-29-2008

Reported in: 2008(3)ALD309; 2008(4)ALT45

ORDERV. Eswaraiah, J.1. The petitioner seeks a writ, of mandamus by declaring the impugned proceedings vide Case No. D5/4302/2004, dated 7.2.2006 of the 1st respondent and the proceedings No. A2/ 1161/2000, dated 27.1.2004 of the 2nd respondent and also the Memo No. B/498/2005, dated 9.2.2005 of the 3rd respondent, as illegal and arbitrary and consequently to direct the respondents 1 to 3 to continue the names of the petitioner and coparceners in the revenue records in respect of Sy. No. 50 to an extent of Acs.3.08 guntas situated at Badangipet Village, Saroomagar Mandal, Ranga Reddy District.2. Respondents 4 to 7 herein who are the legal heirs of Harila and their mother Smt. Sivaraja Bai filed an appeal before; the Revenue Divisional Officer, Ranga Reddy East Division under Section 5(5) of the A.P. Rights in Lands and Pattadar Pass Books Act, 1971 for correction of the records in Sy. No. 50 admeasuring Ac.03.08 guntas situated at Badangipet Village in the pahanies for the years 1986-8...


Jan 29 2008

Gaddam Bheemaiah and ors. Vs. Joint Collector and anr.

Court: Andhra Pradesh

Decided on: Jan-29-2008

Reported in: 2008(3)ALD645

ORDERG. Yethirajulu, J.1. This review civil miscellaneous petition has been filed by the revision petitioners praying to review the order, dated 21.2.2007 passed by this Court in CRP No. 1442 of 2004.2. Two orders were passed by the Mandai Revenue Officer, Mancherial on 6.10.1990 and on 15.11.1988 cancelling the certificate of ownership issued under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Tenancy Act') in favour of Gaddam Durgaiah, the father of the revision petitioners, after issuing a show-cause notice to the petitioners by alleging that the land was sold away by the petitioners to many persons; that the protected tenant should not do any acts of destruction of property, subdivision or sub-letting or failure to cultivate the land personally or assignment of interest or using of the land for any purpose other than agriculture. Therefore, the protected tenancy certificate is liable to be cancelled. The Mandai Revenue ...


Jan 28 2008

R. Sreenivasulu S/O. R. Mashanna Vs. the Revenue Divisional Officer

Court: Andhra Pradesh

Decided on: Jan-28-2008

Reported in: 2008(3)ALD692

ORDERP.S. Narayana, J.1. The learned Assistant Government Pleader for Civil Supplies had taken notice on behalf of the respondent on 24-01-2008 and requested time to get instructions. The matter is coming up for admission. 2. Sri V.H.V.R.R. Swamy, the learned Counsel representing the writ petitioner, would maintain that when the order of suspension and the first information report are to be compared, there is discrepancy relating to the father's name, and the identity of the party being doubtful, without putting the writ petitioner on notice, an order of suspension had been made and hence, the same is not sustainable. The learned Counsel also would submit that there is inordinate delay, the same being beyond the period of 90 days, in the light of the view expressed by this Court in D.Sambasiva Rao v. Joint Collector, Guntur and Ors. : 2005(1)ALD847 and Y.Channappa v. Joint Collector and Additional District Magistrate, Anantapur and Ors. : 2007(6)ALT257 , the order of suspension to be s...


Jan 28 2008

G. Siva Ramakrishna and anr. Vs. Rusni Distilleries P. Ltd.

Court: Andhra Pradesh

Decided on: Jan-28-2008

Reported in: [2008]143CompCas289(AP); (2008)3CompLJ231(AP); [2008]8SCL231(AP)

V.V.S. Rao, J.1. The company petition is filed under Sections 433(e), 434(1)(a) and (c) and 439(1)(b) of the Companies Act, 1956, seeking for winding up of the respondent, an incorporated entity under the Companies Act, 1956. Its authorised share capital statedly is Rs. 7,50,00,000 divided into 7,50,000 equity shares of Rs. 100 each. It was incorporated with the object of manufacturing ethanol from sweet sorgum, fruits and grains, and marketing ethanol, rectified spirit, extra neutral alchohol, beer and other essences used in liquor and allied industries. The two petitioners allege that the respondent-company is unable to pay its debts to them even after issue of notice under Section 434 of the Companies Act, 1956 and, therefore, requires to be wound up.2. In support of the case, two petitioners-husband and wife-allege that they lent a sum of Rs. 2,07,96,031 and Rs. 66,70,000 respectively, to the respondent-company. This was admittedly given as an unsecured loan. They had, however, opt...


Jan 28 2008

Nethikunta Anjaiah and anr. Vs. High Court of A.P. and anr.

Court: Andhra Pradesh

Decided on: Jan-28-2008

Reported in: 2008(3)ALD689

ORDERV. Eswaraiah, J.1. Heard learned Counsel appearing for the petitioners and the learned Standing Counsel appearing for the Honourable High Court of A.P.2. Petitioners in WP No. 1083 of 2008 are the persons who have been granted licences to establish Xerox machines at the premises of the District Court, Karimnagar and the period of licence which has been granted and renewed from time to time has been expired by 31.12.2007, and therefore, they seek to issue a writ of mandamus directing the Principal District and Sessions Judge, Karimnagar to renew/grant permission to conduct the business in the space which was given to them.3. WP No. 1316 of 2008 has been filed by the persons who have been allotted space in the Secunderabad City Civil Court compound to eke out their livelihood as typists, xerox, stamp vendors, notary, sale of law books etc. and the existing licences are valid upto 31.12.2007. Petitioners seek to issue a writ of certiorari calling for the records in circular issued by...


Jan 28 2008

Nevuri Gopal Reddy and ors. Vs. District Collector and Chairman of Wat ...

Court: Andhra Pradesh

Decided on: Jan-28-2008

Reported in: 2008(3)ALD426; 2008(1)ALT632

ORDERP.S. Narayana, J.1. Heard Sri Sri ram Krishna Murthy, learned Counsel representing Sri Laxmana Chari, learned Counsel for writ petitioners, learned Assistant Government Pleader for Revenue representing respondents 1 to 3, learned Assistant Government Pleader for Irrigation representing respondents 4 and 5 and Sri Roy Reddy, learned Counsel representing 6th respondent.2. This Court on 4.1.2008 made the following order:Learned Government Pleader for Irrigation and Command Area Development seeks time for getting instructions.Post after Sankranthi Vacation, 2008.In the meanwhile, there shall be a direction that the petitioners shall be supplied water as they were supplied till 14.11.2007.3. Learned Assistant Government Pleader for Irrigation had placed before this Court para-wise written instructions obtained by her. The 6th respondent filed WVMP No. 76 of 2008 to vacate the interim order. Reply affidavit also is filed by the first petitioner. At the request of the counsel on record, ...


Jan 25 2008

B. Srinivasa Rao S/O. Krishnaiah Vs. the Government of Andhra Pradesh ...

Court: Andhra Pradesh

Decided on: Jan-25-2008

Reported in: 2008(4)ALD200; 2008(4)ALT547

ORDERNooty Ramamohana Rao, J.1. Heard Sri K.Chinna Baba, learned Counsel for the petitioner. None appeared for the respondent. 2. The writ petitioner was working from 1987 as a Non-Technical Work Inspector with the A.P. State Housing Corporation, a State Government undertaking. It appears his services have been engaged for the purpose of attending to the implementation of Weaker Sections Housing Programme. He is one of the several persons who have been recruited for the said purpose.3. The State Government have taken a policy decision through their G.O.Ms. No. 182, Housing (RH) Department, Dated 13.11.1991 to regularize the services of the Work Inspectors, both Technical and Non-Technical, who have completed a total length of five years of service in the Corporation with prospective effect. Accordingly, the second respondent Corporation had regularized the services of Sri K.V.V.N.Gopal, a Non-Technical Work Inspector at Guntur with effect from 13.5.1992. Similarly, the services of two ...


Jan 25 2008

Sujala Pipes Pvt. Ltd. Rep. by Its Managing Director S.P.Y. Reddy, S/O ...

Court: Andhra Pradesh

Decided on: Jan-25-2008

Reported in: [2008]143CompCas211(AP)

ORDERP.S. Narayana, J.1. This Court issued Rule Nisi on 14-12-2007. A counter affidavit is filed by the second respondent.2. Heard Sri P. Badri Premnath, learned Counsel representing the writ petitioner, Sri K.V. Anil Kumar, counsel representing the first respondent, Sri M. Narender Reddy, counsel representing the second respondent, Sri S. Sriram Reddy, counsel representing the third respondent and Sri Y.V. Ravi Prasad, counsel representing the fourth respondent.3. Sri P. Badri Premnath, learned Counsel for the writ petitioner had taken this Court through the contents of the affidavit filed in support of the petition and also through Sections 18 and 25 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter in short referred to as 'the Act' for the purpose of convenience) and also placed strong reliance on the decision of this Court in Dewan Bahadur Ramgopal Mills Ltd. v. Appellate Authority for Industrial and Financial Reconstruction and Ors. : 1999(5)ALD21 and wo...


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