Court : Andhra Pradesh
Decided on : Sep-05-1981
Reported in : AIR1982AP83
Alladi Kuppuswami, C.J.1. The appellant herein is the second respondent in writ petition No. 4108 of 1975. The said writ petition was filed by the first respondent herein praying for the issue of an appropriate writ quashing the order of the government dated 4-6-1975 made in the following circumstances. The array of the parties will, in this judgement be referred to as in the writ petition.2. On the death of the then permanent karnam of Thummarakuta village, Madnapallle taluk, Chittor District, the Sub-collector, Madanapale appointed the petitioner as Karanam by his order dated 13-7-1974. The second respondent thereupon preferred an appeal to the District Revenue Officer, Chittor, who by his order dated 4-2-1975 set aside the order of the Sub-Collector and appointed the second respondent as the village karnam. The petitioner then preferred a second appeal to the Board of Revenue under R. 61 of the Andhra Pradesh (Andhra Area) Village Offices Service Rules, 1969, referred to in this jud...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-05-1981
Reported in : (1982)ILLJ224AP
B.P. Jeevan Reddy, J. 1. Writ Petitions Nos. 3477, 3459 respondent-Corporation, viz., the Andhra Pradesh State Irrigation Development Corporation - a corporation created not by a statute but incorporated under the Companies Act, 1956. Before the learned Judges it was contended on behalf of the petitioners that an earlier Bench decision in W.P. No. 5904 of 78, dated 8th December, 1979, was not correctly decided. Reliance was placed upon the decision of the Supreme Court in Ramana Dayaram Shetty v. International Airport Authority, [1979-II L.L.J. 217], and the opinion of Chinnappa Reddy, J., in U.P. Warehousing Corporation v. Vijay Narayan Vajpayee, [1980-II L.L.J. 222]. When the matter came up before the Full Bench on 24th November, 1980, it was brought to our notice that the Supreme Court has dealt with this very question in a writ petition relating to the Bharat Petroleum Corporation Ltd., and it would be advisable for this Bench to await a copy of the decision in that case. According...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-05-1981
Reported in : AIR1981AP125
Jeevan Reddy, J.1. Writ Petitions Nos. 3477, 3459 and 5923 of 1978 have been referred to the Full Bench by a Division Bench consisting of Madhava Reddy and Muktadar, JJ., for deciding the question whether a writ can issue to the respondent Corporation, viz., the Andhra Pradesh State Irrigation Development Corporation -- a Corporation created not by a statute but incorporated under the Indian Companies Act, 1956. Before the learned Judges it was contended on behalf of the petitioners that an earlier Bench decision in W. P. No. 5904 of 1978, D/- 8-12-1979, was not correctly decided. Reliance was placed upon the decision of the Supreme Court in Ramana Dayaram Shetty v. International Airport Authority, : (1979)IILLJ217SC , and the opinion of Chinnappa Reddy, J., in U. P. Warehousing Corporation v. Vijay Narayan Vajpayee, : (1980)ILLJ222SC . When the matter came up before the Full Bench on 24-11-1980, it was brought to our notice that the Supreme Court has dealt with this very question in a...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-11-1981
Reported in : AIR1981AP350
Choudary, J.1. The plaintiffs are rice-millers. The plaintiffs sold during the crop years 1975-76 and 1976-77 to the Food Corporation of India (F.C.I) certain quantities of rice. For both the years, the plaintiffs were paid at the rates mentioned in the A. P. Rice Procurement (Ex-Mill) Prices Order 1975. But the F.C.I. later acting on the basis that they paid the plaintiffs excess rates under a mistake of law for the crop year 1976-77 started recovering those excess amounts from the rice-millers. The rice-millers sued the Government and the F.C.I. and sought to interdict the Government and the F.C.I. from recovering. The suits filed by the rice-millers in different Courts were dismissed. This appeal is from one such decree passed by a Subordinate Court, Nizamabad District,2. The Andhra Pradesh Rice Procurement (Levy and Restriction on Sale) Order 1967 (simply levy order) issued by the State of Andhra Pradesh in exercise of its powers under the Essential Commodities Act, 1955 (simply th...
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