Andhra Pradesh Court November 2008 Judgments

Hindustan Lever Limited Vs. Inspector of Legal Metrology and anr.

Court: Andhra Pradesh

Reported in: 2009(5)ALT622

ORDERC.V. Nagarjuna Reddy, J.1. The petitioner, which manufactures and markets the consumer goods, such as, toilet soaps, detergents, cosmetics etc., filed this writ petition for a writ of mandamus to set aside notice No. 109/PC/PDR/02-03, dated 02.07.2002 issued by respondent No. 1 as the same is illegal and void.2. The facts in brief are stated herein below.The Inspector of Legal Metrology, Proddatur, Kadapa District, respondent No. 1 herein, inspected the trading premises of M/s. Sri Saibaba Agencies, Mydukur, Kadapa District and seized a package containing detergent cakes, which was styled as 'Smart Saver Pack' and 'White and Bright Offer' of 'Rin Supreme'. Based on the said inspection and seizure, respondent No. 1 served the impugned proceeding in the form of a notice on the petitioner. The same is assailed in this writ petition on various grounds.3. No counter-affidavit is filed by the respondents.4. Sri E. Manohar, learned Senior Counsel for the petitioner submitted that the imp...

P. Bhopal Reddy Vs. Alekya Diagnostic Centre

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: Oral: 1. Aggrieved by the order in C.D. No. 701/2002 on the file of District Forum-I, Hyderabad, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant, who when he was an in-patient for severe stomach pain in Gandhi Hospital, Secunderabad on the advice of duty doctor he was advised to undergo complete blood report and other tests including HIV I, etc. After thorough examination, opposite party gave report stating that blood for HIV I and II are positive and blood for HBs Ag as negative. The complainant submitted that he went to Osmania for treatment but the hospital authorities refused to treat AIDS patient and therefore he approached Remedy Hospital, which is a Super Specialty hospital for further complete examination where he was thoroughly examined and declared that he was not suffering from AIDS. The complainant submitted that he spent Rs. 45,000 towards hospital expenditure and medicines because of the...

Ganapavaram Gram Panchayat and ors. Vs. Govt. of A.P., Rep. by Its Sec ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT211

ORDERL. Narasimha Reddy, J.1. Section 115 of the A.P. Panchayat Raj Act (for short 'the Act') and the relevant Rules empower the Gram Panchayats, to provide for public parking places and cart stands, within its limits. Power is also conferred upon the Gram Panchayats to permit any person, to collect the fee; or to otherwise assign contract, in this regard. The rules, relating to public parking places and cart stands, etc, in Gram Panchayat areas (for short 'the Rules'), are issued vide G.O.Ms. No. 67 dated 7.2.1996.2. With a view to augment its resources, the Gram Panchayat of Ganapavaram, framed bye-laws for levy of fee on the vehicles that enter the village for the purpose of loading or unloading. The necessary resolution, in this regard, was passed on 3.10.2006. Objections were invited and thereafter, final resolution was passed by the Gram Panchayat on 28.11.2006. It was submitted to the District Panchayat Officer, for approval. Through his proceedings dated 23.3.2007. the District...

V.V. Satyanarayana Vs. Chebrolu Primary Agrl. Co-op. Society Ltd. and ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT92

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of certiorari to quash order, dated 14-03-2000 passed by respondent No. 3 in O.A. No. 14 of 1994, by which, it confirmed order, dated 31-01-1994 passed by respondent No. 2.2. Heard Sri Srinivas Polavarapu, learned Counsel for the petitioner, the learned Assistant Government Pleader for Co-operation for respondent No. 2 and Sri S.A. Razzack, learned Counsel for respondent No. 3.3. At the relevant time, the petitioner worked as Secretary of respondent No. 1 society. An inspection was conducted into the affairs of the said society and Inspection report, dated 24-12-1992 was submitted by the Inspecting Officer to respondent No. 2. The Inspecting Officer found several irregularities having been committed by the petitioner. Respondent No. 2 issued a show cause notice on 24-08-1993 to the petitioner calling upon him to submit his explanation. In response thereto, the petitioner submitted his explanation on 21-10-1993, wher...

Burra Venkata Kondala Rao Vs. Kotipalli Manikyalamma

Court: Andhra Pradesh

Reported in: 2009(6)ALT206

P.S. Narayana, J.SHORT EPISODE:1. The unsuccessful plaintiff in O.S. No. 45 of 1989 on the file of the Subordinate Jude, Pithapuram preferred the present appeal. The defendant in the said suit is the respondent in the present appeal. Appellant as plaintiff instituted the said suit praying for the relief of specific performance of agreement of sale, dated 25-1-1987, and also the alternative relief of refund of Rs. 40,700/- with interest and for other appropriate reliefs. The relief portion had been amended by an order, dated 3-11-1993, made in I.A. No. 607 of 1993, whereunder, specifically, relief had been prayed for directing the defendant to accept the balance of sale consideration of Rs. 9,300/- and register the sale deed and to deliver possession and in the event of failure on the part of the defendant to comply with such direction, the plaintiff to get the same registered through due course of law and to recover possession.2. The learned Subordinate Judge, Pithapuram in the light o...

Venukonda Radha Krishna Vs. Pulivarthi Ramanaiah

Court: Andhra Pradesh

Reported in: 2009(2)ALT537

ORDERG. Yethirajulu, J.1. This Civil Revision Petition has been preferred by the respondent-tenant in R.C.C. No. 13 of 2005 on the file of the Rent Controller, Nellore.2. The respondent herein filed R.C.C. No. 13 of 2005 for eviction of the tenant on the ground of default in payment of rent under Section 10(2)(i) and 12 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The revision petitioner opposed the application by contending that he did not commit any willful default in payment of the rent. The respondent herein examined PW-1 and marked Ex.A-1. The revision petitioner examined himself as R.W.1 and marked Exs.B-1 to B-7. After considering the oral and documentary evidence and submissions made by the Counsel, the Court came to a conclusion that there was willful default committed by the revision petitioner in payment of the rent, therefore the petition was allowed ordering eviction of the revision petitioner within three months from the date of the order. Being agg...

Smt. Pulimi Sailaja Reddy Vs. the State of A.P. Rep. by Its Secretary, ...

Court: Andhra Pradesh

Reported in: AIR2009AP59; 2009(1)ALT684

B. Prakash Rao, J.1. The petitioner herein, who is a Mayor of the Municipal Corporation of Nellore files this writ petition seeking for a Mandamus declaring the action of the Government in initiating proceedings to remove her from the said office, as illegal and violative of Article 14 and 21 of the Constitution of India apart from being violative of principles of natural justice and further vitiated by malice in law and tainted with mala fides while seeking a declaration primarily that Section 639-B of the Hyderabad Municipal Corporation Act 1956 as unconstitutional, consequently to hold that the action of the government in initiating the impugned proceedings vide Memo No. 6929/Elec.II/2008, dated 13-06- 2008 as void and to set aside the same.2. The facts giving rise to the present proceedings are that the petitioner was elected as Corporator from Ward No. 38 of the Nellore Municipal Corporation in the elections held on 24-09-2005 and subsequently she got elected unanimously to the po...

Madamaneni Chinnaswamy (Died) His Lrs. Vs. the Joint Collector and ors ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT424

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition, originally filed by Madamaneni Chinnaswamy, raised the issue of legality and validity of orders dated 10.11.1995, 16.06.2000 and 16.05.2001 passed by respondent No. 2, the Revenue Divisional Officer, Chittoor and respondent No. 1 respectively. The petitioner having died, pending the writ petition, petitioner Nos. 2 to 8 were brought on record as his legal representatives. For convenience, the deceased original writ petitioner is hereinafter referred to as the petitioner.2. The petitioner purchased an extent of Ac.0.63 cents in Sy. No. 128/E of Govindareddipalle Village, Thavanampalle Mandal, Chittoor District under registered sale deed dated 06.11.1967 from Sri Venkatswamy, Rajamma, Govindaswamy and Gangulaiah. He also purchased another extent of Ac.2.18 cents in Sy. No. 129/2 of the same village under registered sale deed dated 26.11.1974. While he had been in possession and enjoyment of the said lands, respondent Nos. 3 to 6 approac...

Mohd. Altaf S/O Mohd. Saleem Vs. the Special Court Under Aplg (P) Act ...

Court: Andhra Pradesh

Reported in: 2009(3)ALT64

ORDERV. Eswaraiah, J.1. This writ petition has been filed against the order, dated 04-01-2008, in L.G.C. No. 25 of 2007 passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad (for short 'the Special Court').2. The said L.G.C. has been filed by the 2nd respondent herein against the 6th respondent herein claiming that he is the owner of the application schedule property admeasuring 433 sq. yards equivalent to 361.99 sq. mtrs., in Sy. No. 140, Plot No. 101, situated at Almasguda Village, Saroornagar Mandal, Ranga Reddy District, having purchased the same from Samreddy Bal Reddy under registered sale deed, dated 20-08-1981 (Ex.A-1). Initially, the said property was the ancestral joint family property of one Samreddy Bal Reddy and four others and all the family members of the joint family appointed the said Samreddy Bal Reddy as General Power of Attorney under a registered General Power of Attorney, dated 21-07-1981 and he sold the said property in favour of the 2...

Saw Mills Owners Welfare Association and anr. Vs. Conservator of Fores ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT161

ORDERV.V.S. Rao, J.1. Saw Mills Owners Welfare Association, Adilabad, and its General Secretary, filed instant writ petition seeking a writ of Mandamus declaring circular issued by Conservator of Forests, Adilabad Circle, and consequential proceedings dated 08.11.2002 of second respondent as illegal and arbitrary being contrary to Andhra Pradesh Forest Act, 1967 (the Act, for brevity) and Andhra Pradesh Saw Mills (Regulation) Rules, 1969 (the Rules, for brevity). Petitioners also seek a consequential direction to respondents not to insist on conversion percentage in respect of timber sawn in saw mills situated in Adilabad District.2. Petitioners' association is registered one with forty members, who statedly have saw mill licences granted under the Rules, to run saw mills in different places in Adilabad District. Licences are regulated by the Rules. In addition to the Rules, saw mills are also required to adhere to Andhra Pradesh Forest Produce Transit Rules, 1970 (Transit Rules, for b...