Court : Andhra Pradesh
Reported in : AIR1960AP451; [1960]11STC581(AP)
ORDERSeshachalapathi, J.1. This is an application under Article 226 of the Constitution of India for the issue of a Writ of Prohibition restraining the Commercial Tax Officer, Elluru, from taking further proceedings in pursuance of the notice B1.2022 of 1957-58 dated 8-8-1958.2. The petitioner is a partner of Sri Sitaramanjeneya Rice Mill and a dealer, within the meaning of Section 2 (e) of the Andhra Pradesh General Sales Tax Act, 1957, and. an assessee under provisions of that Act. The petitioner-firm had opted to be assessed on the basis of monthly returns under Section 15 of the Andhra Pradesh General Sales Tax Act read with Rule 17 Sub-rules 2 to 7. For the month of October 1957 the petitioner submitted a return showing a net turn-over of Rs. 40,323-87 Np., but he did not submit the treasury receipt from the Government Treasury or a cross-cheque in favour of the assessing authority for the tax due.3. By a notice dated 3-8-1958 the respondent called upon the petitioner to pay the s...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1961)ILLJ150AP
ORDERAnantanarayana Ayyar, J.1. The petitioner is N. Subba Rao. He was formerly a prohibition sub-inspector. While he was working in that capacity, the Deputy Commissioner of Excise (Prohibition) framed charges against him and passed an order dated 21 May 1955 dismissing him petitioner; from service. The petitioner filed an appeal to the Commissioner of Excise and Prohibition, Andhra State. The latter passed an order dated 12 March 1956 reducing the punishment to one of compulsory retirement from service. The petitioner feels aggrieved with that order and praysthat this Court may be pleased to issue a writ of certiorari or any other appropriate writ or direction in this behalf, call for the records from the office of the Deputy Commissioner of Prohibition, Guntur, and quash the order passed by the latter; in R.C. No. 7053 of 1954 H., dated 21 October 1955, and pass such other or further orders as this Hon'ble Court deems fit.2. The relevant facts of the case, as disclosed in the affida...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP461
Satyanarayana Raju, J.1. This is a petition, under Article 226 of the Constitution of India, for the issue of a writ of mandamus directing the State of Andhra Pradesh and the Collector of Kurnool (respondents 1 and 2 respectively) to forbear from enforcing the Andhra Inams (Assessment) Act, 1955.2. The petitioner is the managing Trustee of a group of temples situated at Oravakallu in Kurnool District. These temples own about Acs. 247-00, classified as Inam and bearing an aggregate quit-rent of Rs. 197-4-0. After the enactment of the Andhra Inam (Assessment) Act. 1955 (hereinafter referred to as 'the Act'), the assessment on the lands was revised and enhanced to Rs. 835-13-0 and a demand notice was issued to the Executive Officer of the temples to pay the said sum. The revised demand, according to the petitioner, represents a four-fold increase on the assessment previously levied and collected.3. The petitioner impugns the validity of the Act on the following grounds:1. The land revenue...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP37
ORDERSeshachalapati, J. 1. This is a petition under Article 220 of the Constitution of India for the isuse of a writ of prohibition restraining the Respondent Secunderabad Cantonment Board from enquiring into the charges framed against the petitioner.2. The petitioner is a Sanitary Inspector in the service of the Secunderabad Cantonment Board. One Sri Abdul Rahman, Sanitary Overseer working under the petitioner lodged a complaint with the Assistant Health Officer in the service of the Respondent Board that the petitioner had abused andassaulted him. Thereupon, the Assistant Health Officer, one Major Lopez, conducted a preliminary enquiry and, it is stated in the counter affidavit that Major Lopez called for a written explanation, from the petitioner and intimated to him that he would make an enquiry on 28-7-59. On 28-7-59 Major Lopez questioned the parties and some witnesses. The petitioner filed his explanation before Major Lopez on 29-7-59. Eventually, Major Lopez forwarded the compl...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP229
Jaganmohan Reddy, J.1. These two service writs under Article 226 of the Constitution are by a number of Judicial Officers for the infringement of their right of seniority as now fixed by the Government by its G. O. No. 564 dated 7-6-1954 and for the issue of a Writ of Mandamus directing the respondent, Government of Andhra Pradesh, to secure to the petitioners their rank of seniority and service as fixed by an earlier Notification dated 16-12-1949. 2. Writ Petition No. 1241/1958 is by four petitioners viz., Y. Vasudeva Rao, K. Venkatarat-nam, Ch. Srirama Rao and K. Sri Krishna. On a further petition -- C. M. P. No. 11051/1958 petitioners 5 to 7 were added viz., N. Srihari Rao, P. Seshagiri Rao and Mohd. Khader Khan. Similarly, Y. Srikrishnamurty, K. H. Bhushana Rao, and B. Venkataramana were added as respondents 2 to 4 on 30-1-1960 inasmuch as their rights, if any, were likely to be affected if the remedy sought was secured to the petitioners. 3. W. P. No. 1396/1958 is by one P. Anjane...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP105; 1961CriLJ356
Jaganmohan Reddy, J.1. This criminal miscellaneous petition is presented by the Government of Andhra Pradesh under Section 126 of the Indian Evidence Act and Section 561-A of the Criminal Procedure Code, for directing Shri R. V. Rama Rao, Ex-Public Prosecutor to withdraw his appearance for respondents 1 to 5 (A-1, A-6, A-7, A-9 and A 10) and also to refrain from appearing for any of the respondents 6 to 10) (A-2 to A-5 and A-8) on the ground that Shri Rama Rao was the Public Prosecutor up to the forenoon of 21-1-1960; that in his capacity as such filed a memo of appearance on behalf of the Government in Crl. Appeal No. 86/1959 filed by respondents 1 to 5(A-1, A-6, A-7, A-9 and A-10); that in the said capacity he also advised the Government to prefer appeals against the acquittal of respondents 6 to 10 herein, namely A-2 to A-5 and A-8; that the Government accepted his advice and asked him to prefer an appeal which he did (being Cr. Appeal No. 296/1959), and that both the appeals Cr. Ap...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP190; 1961CriLJ601
Kumarayya, J.1. These three revision petitions have come before us on reference by our learned brother, Basireddy, J. They are directed against the order, dated 18-9-1959, made by the Addl. Sessions Judge, Hyderabad, whereby he rejected the preliminary objections taken to the initiation of proceedings in C. C. Nos. 1 to 5 of 1959. The petitioners herein are concerned only with C. C. Nos. 1, 3 of 1959 and 5 of 1958. They call in question the legality and the correctness of the above order so far as it affects them.C.C. Nos. 1/59 and 5 of 1958 out of which Cr. R. Cs. 598 and 599/59 arise were instituted against K. V. S. Padmanabharaju, the editor, printer and publisher of 'Navasakti' a Telugu Weekly which has a wide circulation in Andhra Pradesh especially in Hyderabad District including the twin cities of Hyderabad and Secunderabad. C. C. No. 1 of 1959 relates to the publication of an alleged defamatory statement in 'Navasakti' in the issue dated 12-10-1958 which affects Sri Balakrishna...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP283
Kumarayya, J.1. This appeal arising out of a suit for damages against the State of Andhra Pradesh raises short but important questions of fact and law. The question of fact is, whether the accident resulting in the loss of the right wrist of the plaintiff was due to the negligence and rash driving of Mohiuddin, the road roller driver of the Highways department. The question of law which is of real importance is whether the Government is liable for this tortious act of its servant.2. The facts of the case are few and may be shortly stated. On 15-12-1953, the plaintiff barely five years old was taken to his paternal uncle's house near Satyanarayana Talkies. It was a busy commercial place in Tenali town within the school zone it was about 3-45 p. in. and the plaintiff was then easing near the door steps of the house on the north of the road. The motor road roller was then seen plying fast on the road from the west to the eastern direction.As it drew near the plaintiff felt a little under-...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1961)ILLJ569AP
ORDERP. Chandra Reddi, C.J.1. The petitioner seeks the removal of an order of dismissal passed by the Government of Andhra Pradesh on certiorari.2. The material facts giving rise to the writ petition are capable of a concise statement. The petitioner Joined the Hyderabad Revenue Service in 1940 and from 1948 onwards he had been holding the posts of the category of District Collector. In 1956, he was appointed the Deputy Secretary to Government in the Public Works Department, while so, on the basis of a report submitted by the X Branch, OLD., in respect of certain allegations of corruption and other misconduct, the Government of Andhra Pradesh referred the matter to the Tribunal for Disciplinary Proceedings under Section 4 of the Hyderabad Public Servants (Tribunal of Inquiry) Act, 1950 (XXIII of 1950) (hereinafter will be referred to as the Act for convenience).2. As many as nineteen charges of corruption were framed against him by the Tribunal and the petitioner was called upon to fur...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1961)IILLJ536AP
Narasimham, J.1. This Is an appeal against the judgment of our learned brother Seshachelapati, J. In Writ Petition No. 316 of 1960 rejecting the prayer of the appellant; for the issuance of a writ of prohibition or other appropriate writ, direction or order restraining the Tribunal for Disciplinary Proceedings from proceeding with the enquiry against the appellant.2. The facts of the appellant's case are briefly these:-- The appellant was entertained in the revenue department on 11 March 1942. He worked as the deputy tahsildar, Sringavarapukota in Visakhapatnam district from 2 May 1954 to 6 December 1954 and from 16 May 1955 to 2 November 1955. He was promoted as tahsildar on 3 November 1955 and was continuing in that capacity. On complaints made to the authorities alleging that he had received illegal gratifications in granting taccavi loans when the appellant was the deputy tahsildar, the X Branch, C.I.D. enquired into the allegations and reported to the Government that there was suf...
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