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Andhra Pradesh Court March 2012 Judgments

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Mar 15 2012

M/S Lavanya Enterprises, West Godavari D Vs. Sri Durgamalleswara Swamy ...

Court: Andhra Pradesh

Decided on: Mar-15-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.7108 OF 201.15-03-2012 M/s Lavanya Enterprises, West Godavari District. Sri Durgamalleswara Swamyvaarla Devasthanam, Indrakeeladri, Vijayawada, Krishna District and others Counsel for the Petitioner: Sri N. GURU GOPAL Counsel for the Respondents:1. SRI V.T.M. PRASAD 2 G.P. FOR ENDOWMENTS CITATIONS:1. 1969-AIR(SC)-0-267 2) 1875 (1) Ch D 42.3) AIR 193.PC 25.4) AIR 195.SC 32.5) AIR 197.SC 91.ORDER: This writ petition challenges the validity of the method adopted by Sri Durga Malleswaraswamy Vari Devasthanam, the first respondent herein, by floating e-procurement, sealed tenders and public auction notice on 01.03.2012 as contrary to Rule 3 of the Andhra Pradesh Charitable Hindu and Religious Endowments Immovable Properties and Other Rights (Other than Agricultural Lands) Leases and Licenses Rules, 2003 (henceforth referred as 'Rules'), and consequently to set-aside the same.2. The first respondent/Devasthanam has floated on 01.0...


Mar 14 2012

S. Kesava Rao and Others Vs. the Chairman and Managing Director, Apspd ...

Court: Andhra Pradesh

Decided on: Mar-14-2012

COMMON JUDGMENT: V. ESWARAIAH Heard Mr. N. Subba Reddy, learned senior counsel for Mr Chandraiah Sunkara, Mr. M Venkata Ram Reddy, Mr. Peeta Raman, Mr. D.L. Pandu, Mr K.V.N.Bhupal, Mr D.Balkishan Rao, Mr V.Venkata Mayur and Mr R.Rajesh Netha for the writ petitioners and Mr A.K.Jayaprakash and Mr S Ravindranath for appeallants in writ appeals and the learned Advocate General appearing for the Government, A.P.Transco and four distribution companies and Mr.G.Vidyasagar, learned counsel. A simple issue has been complicated at various levels by various authorities, consequential of which, the present batch of writ petitions and writ appeals are filed. The Indian Electricity Act, 1910 created the basic frame work for electricity supply industry in India and thereafter Electricity Supply Act, 1948 mandated the creation of the State Electricity Boards. The State Electricity Board has a responsibility of arranging the supply of electricity in the State. Thereafter Electricity Act, 2003 came int...


Mar 14 2012

D. Subbaramaiah Vs. the Chief General Manager (Hr), Apgenco and Others

Court: Andhra Pradesh

Decided on: Mar-14-2012

ORAL ORDER: Aggrieved by the impugned proceedings passed by the 3rd respondent dated 29.11.2011 in Lr.No. CE/OandM/RTPP/DGM(HR)/JAO(A)/Adm/B1/FD/D.No.6042/11, the writ petition is filed for declaring the said proceedings as arbitrary and illegal and for a direction to the respondents to consider the case of the petitioner for suitable employment in terms of G.O.Ms.No.98, Irrigation (Project Wing) Department dated 15.4.1986. Heard the learned counsel for the petitioner, Sri C. Raghu, learned Standing Counsel for Respondents 1 and 3 and learned Government Pleaser for Revenue for Respondent No.2. Sri C. Raghu, learned Standing Counsel for Respondents 1 and 3, fairly submitted that the 2nd respondent-District Collector is the competent authority to pass orders as per G.O.Ms.No.98, Irrigation (Project Wing) Department dated 15.4.1986 and it is also submitted that the Government issued orders for providing employment to the displaced persons or their dependents, for which a committee has bee...


Mar 13 2012

Smt. J. Prameela, W/O Gokul Occ: Fair Pr Vs. 1. the District Collector ...

Court: Andhra Pradesh

Decided on: Mar-13-2012

ORDER: 1. This writ petition is instituted challenging the validity of the orders passed on 17.09.2010 by the Revenue Divisional Officer, Utnoor and orders dated 10.12.2010 of the Joint Collector, Adilabad and the orders dated 20.01.2012 of the District Collector, Adilabad. 2. By his proceedings dated 17.09.2010, the Revenue Divisional Officer, Utnoor, declared the writ petitioner as not eligible for running a fair-price shop as her husband was found to be working as a teacher of a government school. The case of the writ petitioner is that, she is a member belonging to Scheduled Tribes and pursuant to regular selection carried out, she was appointed as a fair-price shop dealer of Utnoor Village and Mandal of Adilabad District by the Revenue Divisional Officer, Utnoor on 05.08.2005 and eversince then, she has been distributing the various essential commodities and civil supplies through the fair-price shop without giving any scope for complaints against her. While so, the Revenue Divisi...


Mar 13 2012

Ms. Boulder Hills Villa Owners

Court: Andhra Pradesh

Decided on: Mar-13-2012

COMMON ORDER: 1. The Constitution of our country has identified certain goals for the nation and issued directives to be kept in mind, while framing policies. Some of them are: "38. State to secure a social order for the promotion of welfare of the people.- (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. 39. Certain principles of policy to be followed by the State.- The State shall, in particular, direct its policy towards securing - (a) that the citizen, men and women equally, have the right to an adequate means of...


Mar 13 2012

Doma Govinda Raju and Another Vs. Vanimisetti Papa Rao and ors

Court: Andhra Pradesh

Decided on: Mar-13-2012

ORDER: 1. This civil revision petition arises out of order, dated 18.07.2011, in O.S.No.108 of 2008, on the file of the learned XI Additional District Judge (Fast Track Court), Kakinada. Respondent Nos.1 to 13 filed the above-mentioned suit for declaration of title and for recovery of possession. 2. The petitioners are defendant Nos.3 and 4 in the said suit. For convenience, the parties are referred to as they are arrayed in the suit. One of the pleas raised by the plaintiffs is that their ancestor, Vanimisetti Chakrapani Rao, has purchased the suit property through unregistered sale deed, dated 30.06.1960, and that since then, he and thereafter, they were in uninterrupted possession of the same and thereby perfected their title through adverse possession. It is their further plea that defendant Nos.1 and 2 i.e., State of Andhra Pradesh and the Tahsildar, ought not to have granted assignment in favour of defendant Nos.3 and 4. During the course of evidence, the plaintiffs sought to int...


Mar 13 2012

M/s. Boulder Hills Villa Owners' Associa Vs. the State of Andhra Prade ...

Court: Andhra Pradesh

Decided on: Mar-13-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY W.P.M.P.No.21190 of 2011 & W.V.M.P.Nos.2667 and 2912 of 2011 in W.P.No.17618 of 2011; W.P.M.P.No.24352 of 2011 in W.P.No.20098 of 2011 and W.P.M.P.No.6552 of 2012 in W.P.No.5143 o13. 03.2012 M/s. Boulder Hills Villa Owners' Association and others. The State of Andhra Pradesh and others. Counsel for petitioners: Sri D.Prakash Reddy, Senior Counsel Sri R.Raghunandan Rao Counsel for Respondents : Advocate General COMMON ORDER: The Constitution of our country has identified certain goals for the nation and issued directives to be kept in mind, while framing policies. Some of them are: "38. State to secure a social order for the promotion of welfare of the people.- (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive t...


Mar 13 2012

Smt. J. Prameela, W/O Gokul Occ: Fair Pr Vs. 1. the District Collector ...

Court: Andhra Pradesh

Decided on: Mar-13-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.3970 OF 201.13-03-2012 Smt. J.Prameela, W/o Gokul Occ: Fair Price Shop Dealer (Cancelled)Shop No.1, Utnoor, Adilabad District .... Petitioner.1. The District Collector, Adilabad District, Adilabad and 2 others Counsel for the Petitioner : Sri P. KASI NAGESWARA RAO Counsel for the Respondents : GOVERNMENT PLEADER FOR CIVIL SUPPLIES ORDER: This writ petition is instituted challenging the validity of the orders passed on 17.09.2010 by the Revenue Divisional Officer, Utnoor and orders dated 10.12.2010 of the Joint Collector, Adilabad and the orders dated 20.01.2012 of the District Collector, Adilabad.2. By his proceedings dated 17.09.2010, the Revenue Divisional Officer, Utnoor, declared the writ petitioner as not eligible for running a fair-price shop as her husband was found to be working as a teacher of a government school. The case of the writ petitioner is that, she is a member belonging to Scheduled Tribes and pursuant to ...


Mar 13 2012

Doma Govinda Raju and Another Vs. Vanimisetti Papa Rao and Others

Court: Andhra Pradesh

Decided on: Mar-13-2012

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.176 o13. 03.2012 Doma Govinda Raju and another Vanimisetti Papa Rao and others ^Counsel for the Petitioners: Sri P.Govind Reddy !Counsel for respondent No.2: Sri S.Subba Reddy Cases referred? 1 (2008) 8 SCC 56.2 2006 (1) ALT 7.3 AIR 194.Bomba4. (2003) 4 SCC 16.ORDER: This civil revision petition arises out of order, dated 18.07.2011, in O.S.No.108 of 2008, on the file of the learned XI Additional District Judge (Fast Track Court), Kakinada. Respondent Nos.1 to 13 filed the above-mentioned suit for declaration of title and for recovery of possession. The petitioners are defendant Nos.3 and 4 in the said suit. For convenience, the parties are referred to as they are arrayed in the suit. One of the pleas raised by the plaintiffs is that their ancestor, Vanimisetti Chakrapani Rao, has purchased the suit property through unregistered sale deed, dated 30.06.1960, and that since then, he and thereafter, they were in uninter...


Mar 12 2012

Aloor Subrahmanyam Vs. Suthram Prabhakar and anr

Court: Andhra Pradesh

Decided on: Mar-12-2012

ORDER: 1. This civil revision petition arises out of order, dated 06.09.2010, in I.A.No.835 of 2008, in O.S.No.53 of 2008, on the file of the learned Principal Senior Civil Judge, Chittoor. I have heard Sri S.V.Bhatt, learned counsel for the petitioner, and Sri B.Pridvi Kumar, learned counsel, representing Sri K.V.L.Narasimha Rao, learned counsel for respondent No.1. Even though notice is sent to respondent No.2, the same has not returned served or otherwise. Respondent No.2 has adopted the stand of respondent No.1 taken in the written statement filed before the lower Court and as respondent No.1 is contesting this case, it is not necessary to await service of notice on respondent No.2. The petitioner filed the above-mentioned suit for declaration of his exclusive right over the suit wall. 2. Respondent No.1 filed a written statement, wherein he has also claimed exclusive right over the suit wall. Respondent No.2 adopted the written statement of respondent No.1. Following the written s...


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