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Andhra Pradesh Court June 2012 Judgments

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Jun 26 2012

Smt. T. Savitri W/O. T. Naresh Kumar Vs. Smt. Tetala Rama Devi (Died) ...

Court: Andhra Pradesh

Decided on: Jun-26-2012

The short, but an important issue that arises for consideration in this Civil Revision Petition is whether respondent No.3, a co-defendant along with respondent No.2, is entitled to cross examine the latter. 2. For convenience, the parties are referred as they are arrayed in the suit. 3. The brief facts leading to the filing of this case are summarized hereunder: Defendant No.1 (died) is the wife of defendant No.2. Defendant Nos.3 and 4 are the daughters of defendant No.2 and defendant No.5 is his son-in-law, being the husband of defendant No.4. The plaintiff is the grand daughter of defendant No.2 through the latter’s eldest daughter. During the lifetime of the plaintiff’s father Late Padala Ammi Reddy (hereinafter referred to as “Late Ammi Reddy”), who was an M.L.A., he acquired 600 sq. yards of plot in M.L.A. colony, Road No.12, Banjara Hills, Hyderabad (Plaint A-Schedule Property). He met with sudden death on 16-7-1986. As per the plaint averments, during hi...


Jun 26 2012

Teja Educational Society Rep. by Its Secretary K.Venkateswara Rao and ...

Court: Andhra Pradesh

Decided on: Jun-26-2012

This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in rejecting the application for grant of recognition to the second petitioner- College to impart education by starting D.El.Ed course vide 222nd Meeting, dated 09/10-05-2012, as illegal and arbitrary. The second petitioner made its application through online, for grant of permission for starting D.El.Ed course, to respondent No.2 on 28-09-2011. This application was followed by hard copy application sent on 03-10-2011. On 29-12-2011, respondent No.2 has returned the said application with certain objections. The second petitioner has resubmitted the application after purported compliance with the objections on 17-02-2012. Thereafter, show cause notice, dated 04-04-2012, which the second petitioner claims to have received on 12-04-2012, was issued by respondent No.2 wherein 21 days time was given to the second petitioner, from the date of its issue, for making good the deficiencies. The second petitioner ...


Jun 25 2012

Alladi Nageswara Rao and Others Vs. the Executive Officer, Sri Agesthe ...

Court: Andhra Pradesh

Decided on: Jun-25-2012

As this batch of 27 writ petitions involves a common and identical question, they are being disposed of by this common order. 2. The petitioners in all the writ petitions were declared as landless poor cultivating tenants in respect of the respective lands under their cultivation belonging to the respective temples by different orders of the concerned Assistant Commissioner, Endowments in the years 2003 and 2004. The Executive Officers of the respective temples filed appeals against the said orders along with applications for condonation of delay in 2010 under Rule 4 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Land Rules, 2003 (for short “the Rules”) under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, A.P. Act 30 of 1987 (for short “the Act”) issued in G.O.Ms. No.379 Revenue (Endowments.I) Department, dated 11-03-2003. 3. The temples contended the lands ...


Jun 25 2012

Gannamaneni Ayyavarlu Vs. the Deputy Registrar of Co-operative Societi ...

Court: Andhra Pradesh

Decided on: Jun-25-2012

This Writ Petition is filed for a Mandamus to set aside Order in Rc.No.2301/2011-B2, dated 20-01-2012, issued by respondent No. 1. The facts, in brief, of the case are that, the petitioner is the elected president of Punur Primary Agricultural Cooperative Society, Yaddanapudi Mandal, Prakasam District (for short ‘Punur PACS’). As there were allegations relating to certain omissions and commissions against him, a preliminary enquiry was held. Allegation No.6 related to the petitioner’s close relationship with K.Balakrishna, a clerk in the Society of which the petitioner is the President.  It is alleged that the said Balakrishna is no other than the son-in-law of the petitioner being husband of his daughter. The preliminary enquiry report was submitted by the Sub-Divisional Cooperative Officer, Addanki. This report is stated to have been countersigned by the petitioner on 17-09-2011. Thereafter, a notice was issued by respondent No.1 on 21-11-2011 calling upon the ...


Jun 21 2012

Bellapu Nageswar Rao Vs. the Government of A.P., Rep. by Its Principal ...

Court: Andhra Pradesh

Decided on: Jun-21-2012

Sri Bellapu Nageswar Rao, the petitioner, has filed this public interest litigation case, in person, seeking a Writ of Mandamus to declare G.O. Ms. No.390 dt.18.6.2012, insofar as not providing reservation to Scheduled Castes, Scheduled Tribes and Backward Classes candidates and collection of fixed licence fee proposed, based on population, as illegal, arbitrary and violative of Articles 14, 15(2)(a), 16(2), and 19(1)(g) and 19(6) of the Constitution of India, and to direct the respondents to follow the Rule of Reservation as per the Constitution. In the affidavit filed in support of the petition, it is stated that the petitioner is questioning the policy of the Government for the excise year 2012-2013 for disposal of retail liquor outlets on the ground that the people belonging to Scheduled Casts and Backward Classes are not provided reservation.In support of his case, he relied upon a judgment of the Supreme Court in Cooverjee B. Bharucha v. Excise Commissioner and the Chief Commissi...


Jun 21 2012

M.a Aleem Vs. the Regional Manager, the Uti Bank Ltd. and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-21-2012

A joint memo is filed by both the parties and their counsel stating that the matter has been settled out of court and requested to dismiss the appeal. Memo recorded. In the circumstances, the appeal is dismissed as adjusted outside the court. There shall be no order as to costs....


Jun 20 2012

Gundala Satyanarayana Vs. the State of A.P. Rep. by Commissioner of En ...

Court: Andhra Pradesh

Decided on: Jun-20-2012

Heard Sri B. Mayur Reddy, learned counsel for the petitioner, Sri P.C. Reddy, learned Assistant Government Pleader for Endowments for respondents 1 and 2 and Sri S. Syam Sunder Rao, learned counsel for the 3rd respondent. 2. The petitioner claims to be belonging to Gundala family, who for generations were the hereditary trustees of Sri Singarutla Lakshmi Narasimha Swamy Temple, Petasannigandla, Karampudi Mandal, Guntur district with the petitioner’s great grand father being declared as hereditary trustee in O.S. No.88 of 1914. As per the scheme decree in O.S. No.1 of 1931, the father of the petitioner was recognized as the hereditary trustee by the Assistant Commissioner in proceedings, dated 10-12-1969 and on the death of the petitioner’s father, the 2nd respondent recognized the petitioner to be the hereditary trustee, who was administered oath of secrecy by the Inspector, Endowments on 10-02-1995. After intervention of the abolition of hereditary rights and recognition o...


Jun 20 2012

Smt. Afroz Vs. the Managing Director A.P.S.F.C. Chirag Ali Lane Hydera ...

Court: Andhra Pradesh

Decided on: Jun-20-2012

The unsuccessful petitioner questions the order of the learned single Judge dismissing her writ petition.  By the writ petition, the appellant - petitioner questioned the action of the respondents - Andhra Pradesh State Financial Corporation (for short, ‘the SFC’) under Section 29 of the State Financial Corporations Act, 1951 (for short, ‘the Act’) whereunder the property of the petitioner in the capacity of surety was sold for recovery of the dues of the SFC. It is not in dispute that the appellant - petitioner stood as a surety with respect to a loan obtained by the principal borrower, which became overdue.  There are certain correspondences between the borrower and the appellant, but ultimately the proposals did not fructify and the SFC exercised its power under Section 29 of the Act and the house property of the appellant was put to sale for recovery of an outstanding amount of Rs.40.86 lakhs. In the writ petition, the SFC filed a counter aff...


Jun 20 2012

The Managing Director M/S Lvsr Famrs Pvt. Ltd., Vs. the Official Liqui ...

Court: Andhra Pradesh

Decided on: Jun-20-2012

COMMON ORDER: Company Application No.524 of 2008 is filed by the Managing Director of LVSR Farms Private Limited, (hereinafter called the “Assignee”), to direct the Official Liquidator to recognize them as the secured creditor of the company under liquidation in the place of ICICI, IFCI, IDBI and LIC (the Central financial Institutions - hereinafter called “CFIs”). Company Application No.1007 of 2011 is filed by A.P. Industrial Developmental Corporation, represented by its Managing Director (hereinafter called “APIDC”), to treat them as the sole secured creditor having charge over land admeasuring Ac.10.13, (hereinafter called “the immovable property”), situated at Plot No.9B, IDA, Bandlaguda Village, Patancheru, Phase-I, Medak District of the company under liquidation; not to treat the assignee as the secured creditor by virtue of the deeds of assignment in the place of the CFIs, and to calculate and pay the principal amount due to...


Jun 20 2012

V. Rama Raju Vs. Nizam Institute of Medical Sciences, Rep. by Its Exec ...

Court: Andhra Pradesh

Decided on: Jun-20-2012

(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ of Mandamus, declaring the action of the respondent in issuing proceedings in RC.No.5/1/98/Acad dated 15/09/10 cancelling the Ph.D Open viva voice presentation of the petitioner and not announcing the results of his Ph.D.Course “A Study of Multi Channel EMG in Writer’s Cramp” as illegal arbitrary and violative of Art 14 and 21 of the Constitution of India and further declare that the petitioner is entitled for the award of PH.D in “A Study of Multi Channel EMG in Writer’s Cramp” from the respondent.) The petitioner started his career as Science Graduate in Electronics after passing B.Sc., of Honours in the year 1984 from Osmania University. Thereafter, he obtained B.Tech Degree in Computer Science Engineering from Hyderabad Central University in 1988. His specialisation was Bio...



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