Court : Andhra Pradesh
Reported in : 2002(3)ALD538
1. The Edible Oils Packaging (Regulation) Order, 1998 ('Control Order' for brevity) was issued by the Central Government vide GSR No. 584(E), dated 17-9-1998 in exercise of their powers under Section 3 of the Essential Commodities Act, 1955 ('the Act' for brevity). The Government of Andhra Pradesh by their orders in G.O. Ms. No. 42, Food, Civil Supplies and Consumer Affairs (CS.III) Department, dated 17-5-2000 adopted compulsory packaging scheme introduced by the Control Order and decided to implement the same in phased manner. The Control Order was, however, not implemented immediately. By G.O. Ms. No. 66, Food, Civil Supplies and Consumer Affairs Department, dated 11-8-2000, the Government of Andhra Pradesli ordered to implement the Control Order with effect from 1-11-2000 in the urban areas and with effect from 1-4-2001 in the rural areas in the State. All these writ petitions are concerned with the validity of these orders.2. In this batch of writ petitions, the action of the Gover...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD574; 2001(5)ALT494
ORDER1. The petitioner at the relevant point of time was serving as Vice-President (Finance) in the establishment of M/s. Andhra Pradesh Paper Mills Limited, the 1st respondent in the writ petition. In this writ petition the petitioner has assailed the validity and legality of the Order No. CPD/Estt/97, dated 30-9-1997 accepting the resignation of the petitioner submitted on 30-9-1997 and the order dated 15-10-1997 terminating the services of the petitioner as General Manager (Finance).2. The background facts leading to the filing of this writ petition, as stated by the petitioner in the affidavit, be noted briefly as under: The petitioner is a qualified Chartered Accountant having had extensive and wide exposure as a Senior Finance Executive in Multinational companies and as also in public sector companies both in Central and State sector. The petitioner was selected as Deputy General-Manager (Finance) to serve in the establishment of the 1st respondent in September, 1988 through All ...
Tag this Judgment!Court : Andhra Pradesh
O R D E R : 1. The writ petitioner was appointed as a fair price shop dealer for S. Lingamdinne Village, Gonegandla Mandal, Kurnool District, after due selection. His authorization was renewed from time to time. It is stated that he has been distributing the essential commodities, strictly in accordance with the provisions subject to which the authorization was accorded to him. It is averred that when lands belonging to the local temple are sought to be utilized for construction of a water tank, in spite of availability of other alternative lands, he opposed the said move, which, in turn, brought forth criminal cases booked against him, at the instance of the local Sarpanch. The authorization of the writ petitioner has been suspended initially by the Revenue Divisional Officer, Adoni on 12.12.2006. Subsequently, a show cause notice was issued by the Revenue Divisional Officer on 19.03.2008, for which he has filed his reply on 04.04.2008 pleading that he was falsely implicated in the cr...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD403; 2004(6)ALT76
B. Sudershan Reddy, J.1. These writ appeals and writ petitions involve common questions of law that arise for our consideration and therefore, they are being disposed of by a common judgment.2. The petitioners in all these writ petitions were granted IL-24 licences under the provisions of the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970, (for short 'Rules 1970').3. The licensing authority in exercise of the power conferred under Section 31 of the Andhra Pradesh Excise Act, 1968 (A.P. Act 17 of 1968) (for short 'Act 17 of 1968') had suspended the licences of some of the petitioners in this batch of writ petitions on the ground that during the course of inspection, the licensees were found selling various items of Indian made foreign liquor at a price higher than the recommended maximum retail price (for short 'RMRP'). The allegation is that the Indian made foreign liquor was being sold at a price higher than the RMRP, which constitutes violation of the provisions of the A...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT112
Ghulam Mohammed, J.1. These two writ petitions are filed praying this Court to declare provisions of the Wakf Act, 1995 (Central Act 43 of 1995) particularly Section 14 of the Wakf Act, unconstitutional, arbitrary and violative of Articles 14, 25 and 26 of the Constitution.2. WP No. 11349 of 1996 is filed by the Association of AP Saj jada Nasheens, Mutawallies & Khidmat Guzaran of Wakfs, Dargah Hazrath Shaikh-ji-hali, Urdu Shareef, Hyderabad, represented by its President Soofi Shah Mohd. Sabir Ali and WP No. 11728 of 1996 is filed by All India Shia Organization, Yakutpura, Hyderabad, represented by its Joint Secretary Mirza Mehdi Ali Baig. Since the relief sought for in these writ petitions is the same, they are taken up together for hearing and are being disposed of by a common judgment.3. The facts in WP No. 11349 of 1996 are adverted to. It is stated that prior to the enactment of the Wakf Act, 1995, the Union Legislature had enacted the Wakf Act, 1954 and the provisions of the said...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP254
ORDERSambasiva Rao, J.1. The petitioner is 'The Andhra Pradesh Paper Mills Limited' a company incorporated under the Indian Companies Act. It has brought this writ petition for a Mandamus to the Assistant Collector, Central Excise, Rajahmundry directing him to extend to the company the benefits of the Notification No. 163/65 C. E. dated 1-10-1965 issued by the Government of India, Ministry of Finance (Department of Revenue) as subsequently amended by a number of Notifications. The principal Notification and the subse-quent amending Notifications relate to the concession in excise duty given to enlarge capacities of production of pacer mills.2. A few material facts of the case are necessary. The mill originally belonged to the Government of Andhra Pradesh. Its then capacity was 3,000 tons per year. The Union Government gave a licence to expand the capacity to 18,000 tons per year. The State Government acquired the entire or part of the machinery necessary for enlarging the capacity of t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD442; 1999(5)ALT86
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed complaining of inaction on the part of the Government in not relieving the petitioner from the service with effect from 31-7-1999, which was the date set by the petitioner in his application dated 17-7-1999.2. The petitioner had been working as Editor (Telugu) in Information and Public Relations Department of State of Andhra Pradesh. He has taken-up the cause against the policy of the State Government to categorise Scheduled Castes into A, B, C and D. We are not concerned with the details of the said categorisation or dispute relating to the same. Suffice it to say thatthe petitioner had been advocating the cause of Malas and that there should not be any categorisation of scheduled castes. He has also been chosen as the President of Mala Mahanadu, a registered body for protecting the interests of the Scheduled Castes in general and Mala community in particular, and to oppose the division of these castes for political reaso...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP288
ORDERSatyanarayana Raju, J.(1) This matter comes before us on a reference made by the First Additional Chief Judge, City Civil Court, Hyderabad, under S. 133 of the Code of Civil Procedure.(2) The point which arises for decision in this reference is whether the Hyderabad Suits Against Government Act (V of 1320 Fasli) Hereinafter referred to as 'the Hyderabad Act' is void by reason of its repugnancy to the Code of Civil Procedure which was extended to the erstwhile State of Hyderabad in April 1951.(3) For a better appreciation of the point in controversy, we may, at the outset, briefly mention the admitted facts.On July 23, 1953, the plaintiff gave notice to the former Government of Hyderabad, under S. 80 of the Code of Civil Procedure, and on November 23, 1953 instituted the suit against them for recovery of a sum of Rs. 4,00,000 by way of damages for an alleged breach of the contract entered into by him with the Government. The Government filed their written statement raising various ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP165
P. Jaganmohan Reddy, C.J.1. This batch of 104 Writ Petitions, referred to a Bench by an order of one of us (Venkatesam, J.) as they raise important Constitutional issues, challenges the reservations made by the Rules for selection of candidates for admission to the Integrated M. B. B. S. course in the Andhra and the Telangana are, issued through G O. Ms. No. 1135 and 1136, Health, Hoasins and Municipal Administration Department dated the 16th June 1966, of these, 84 are from the Andhra area and 20 are from the Telangana area. In the main the impugned reservations are common to both the areas, except in so far as they have been indicated hereafter.2. In the Telangana area, the Seats for admission available in the Osmania Medical College are 150 while those in the Gandhi Medical College are 120; and applications for admission to these 270 seats were invited for the academic year 1966-67. Similarly for the Andhra area, the seats for which applications were called for are 150 in the Andhra...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT69; [1998]108STC135(AP)
Lingaraja Rath, J. 1. In this batch of cases petitioners who are registered dealers under the Andhra Pradesh General Sales Tax Act, 1957 are assailing the provisions of section 21 of A.P. Act No. 27 of 1996 [Andhra Pradesh General Sales Tax (Amendment) Act, 1996] in so far as it amends the First Schedule of the principal Act increasing the rate of tax leviable on drugs nd medicines from 9 per cent to 10 per cent and on pesticides and insecticides, etc., from 4 per cent to 5 per cent retrospectively from August 1, 1996. 2. The petitioners state that the Andhra Pradesh Ordinance No. 19 of 1996 which came into effect from August 1, 1996 amended entry 37 of the First Schedule relating to the drugs and medicines by casting the entry in a new form, but maintaining the rate of tax at the same rate, i.e., 9 per cent. The Ordinance also inserted a new entry 78-A which relates to pesticides, insecticides, etc. The new entry related to pesticides concentrate or technical grade pesticide used by t...
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