Andhra Pradesh Court December 1991 Judgments

Pyla Applanaidu and ors. Vs. the Mandal Revenue Officer and Land Acqui ...

Court: Andhra Pradesh

Reported in: 1992(3)ALT220

ORDERIyyapu Panduranga Rao, J.1. This writ petition is directed for the issuance of a writ of mandamus declaring that the acquisition of Ac. 2-20 cents and Ac. 1-28 cents respectively covered by Survey Nos. 156/1 /B2 and 157/4 both situate at Bapiraju Kothapalli village (hereinafter referred to as 'B.K. Palli') Kotavurutla Mandalam, Vishakhapatnam District, as illegal and null and void and for a consequential direction to the respondents to drop all further proceedings regarding the acquisition of the said lands.2. Ac. 2-20 cents covered by Survey No. 156/1, Ac. 0-74 cents covered by Survey No. 157/2, Ac. 0-89 cents covered by Survey No. 157/3 and Ac. 1-28 cents covered by Survey No. 157/4, all situate at B.K. Palli village were sought to be acquired for allotment of house sites for weaker sections and regarding the same proceedings were initiated for acquisition of the said land as per the proceedings dt. 4-1-1986 under Section 4(1) of the Land Acquisition Act (hereinafter referred to...

A. Subrahmanyam Vs. Executive Officer, T.T.D. and anr.

Court: Andhra Pradesh

Reported in: 1992(2)ALT586

ORDERRadha Krishna Rao, J.1. This writ petition is filed for issuance of a writ of mandamus declaring the action of the respondents in insisting to consider the claims of only those candidates who are sponsored by the Employment Exchange to the post of Attender, as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and consequently directing the respondents to consider the claim of the petitioner for the said post.2. According to the petitioner he registered his name with the Employment Exchange after passing tenth class. The 1st respondent notified about 100 vacancies of attenders to the Sub-Employment Exchange, Tirupathi, Chittoor District, for sponsoring eligible candidates without notifying the same to the District Employment Exchange, Chittoor District. Had the 1st respondent notified the vacancies to the District Employment Exchange, the petitioner would have received call letter for interview for the above post.3. Heard both the learned counsel.4...

S. Padma Rao and ors. Vs. Electronics Corpn. of India Ltd.

Court: Andhra Pradesh

Reported in: 1992(2)ALT469

ORDERIyyapu Panduranga Rao, J.1. This writ petition is directed for the issue of writ of mandamus directing the respondent-Corporation to promote all the petitioners as Assistant Officers with retrospective effect from 1984-85 series.2. All the petitioners have been recruited as Lower Division Clerks in the service of the Respondent-Corporation. Subsequently they were promoted initially as Upper Division Clerks and later as Assistants. The next stage of promotion is Assistant Officers for which the minimum period is three years of standing as Assistants. The normal practice of the respondent-Corporation is to promote 20% of the eligible Assistants as Assistant Officers subject to the passing of the Departmental Promotion Committee test and also oral interview test. All the petitioners have been put in more than three years of service i.e., the minimum period of service required for eligibility to get promotion as Assistant Officers in 1983-84 series itself. The promotions with regard t...

Sri G. Ramu and ors. Vs. the Collector and ors.

Court: Andhra Pradesh

Reported in: 1992(2)ALT564

ORDERRadhakrishna Rao, J.1. This writ petition is filed for issuance of a writ of mandamus directing the respondents to consider the representations for assignment or allotment of the poramboke land admeasuring 7 acres in Sy. No. 496 situated at Gooty town of Anantapur district to the petitioners and residents of new communist colony of Gooty town of Anantapur district.2. The main contention of the petitioners is that they are landless poor having no house facility of their own. The petitioners along with some others submitted representations to the respondents for allotment of house sites for the purpose of construction of houses in the said Sy .No. 496 which is a poramboke land. Expecting a positive response from the respondents, the petitioners and some other persons constructed houses and raised huts. Thus the petitioners have been in possession and enjoyment of the houses constructed in the said land since 1989.3. It is also contended that the State Government has announced severa...

P. Ravindranath Reddy and ors. Vs. Government of Andhra Pradesh Rep. b ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT589

M.N. Rao, J.1. Writ Appeal Nos. 233 and 239 of 1991 are directed against interlocutory orders passed by a learned Single Judge in WVMP Nos. 213 and 229 of 1991 in WPMP Nos. 18648 and 18644 of 1990 in Writ Petition Nos. 14532 and 14530 of 1990 vacating the interim directions granted earlier by another learned single Judge by which the Regional Transport Authorities were directed to release the vehicles seized by them for contravention of the provisions of Section 192 of the Motor Vehicles Act provided in respect of each of the seized vehicles a sum of rupees one thousand was deposited. At the request of the learned counsel for both sides the main writ petitions themselves are taken up for hearing along with the connected writ petitions. In writ petitions - Writ Petition Nos. 14530 and 14811 of 1990 and 4045 and 4196 of 1991 - the petitioners are challenging the constitutionality of sub-section (1) of Section 200 and sub-section (1) of Section 207 of the Motor Vehicles Act; in other writ...

United India Fire and Genl. Ins. Co. Ltd. Vs. Pallapu Sridevi and ors.

Court: Andhra Pradesh

Reported in: 1993ACJ575

G. Radhakrishna Rao, J.1. On 26.9.1980 when a seven-year-old girl was returning after purchase of biscuits in Nelakondapally, a lorry from Kodad side came and dashed against her due to rash and negligent driving which resulted in amputation of left leg up to the knee. Though the accident had occurred on 26.9.1980, the petitioner-claimant filed the condone delay petition on 25.4.1986. The Tribunal after considering the entire evidence on record granted a sum of Rs. 91,000/- towards compensation. As against that the insurance company filed the present appeal.2. The learned Counsel for the appellant contends that prior to 1982, even in case matters pending in the court, the liability of the insurance company is only a sum of Rs. 50,000/- and not Rs. 1,50,000/- as amended in the year 1982. In support of this contention the learned Counsel relied upon a decision of this Court reported in New India Assurance Co. Ltd. v. Ratan Prakash Rao 1991 ACJ 332 (AP). However, it must be borne in mind t...

Epuru Subba Reddy Vs. Pamula Ankaiah and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Lakshmana Rao, President: 1. This appeal is directed against the order of the District Forum, Nellore dated 20-7-1991 passed in C D. No. 867/90 dismissing the complaint as not maintainable under the provisions of the Consumer Protection Act, 1986. The appellant, who is the complainant, claims that some persons encroached upon the DONKA which is used by the residents of the village. Gudiurivaripalem for going to their lands and that the Sarpanch has not taken any action for removing the encroachments inspite of the representations made by the various residents of the village. As rightly pointed out by the District Forum, this is not a matter which comes within the jurisdiction of the Redressal Agencies constituted under the Consumer Protection Act, 1986. The appellant cannot be described as a consumer within the meaning of the Act. 2. In those circumstances, we do not see any ground to interfere with the order of the District Forum. The appeal is accordingly dismissed....

K. Gopaiah Vs. D. Venkateswar Rao

Court: Andhra Pradesh

Reported in: I(1993)DMC380

B. Subhashan Reddy, J.1. This revision petition is directed against the order dated 16.3.1990 passed in E.P. N. 314/89 in O.S. No. 153/76 on the file of the 1st Additional District Munsif, Vijayawada, overruling the objection of the judgment-debtor, who is the petitioner herein, that for execution of the money-decree passed in favour of the late father of the respondent herein, production of succession certificate is a must and the same has to be obtained as contained under Section 37 of the Indian Succession Act.2. Sri K. Ranga Rao, learned Counsel for the petitioner-judgment-debtor contends that the Court below has erred in not acceding to the contention that succession certificate is a must inasmuch as the amount, which is sought to be recovered, did not devolve on the legal representatives of the late decree-holder by survivorship, but it devolves by succession as contained under Section 8 of the Hindu Succession Act and as such, as held by the two Division Benches of this Court in...

A.P. Oil Millers Association and ors. Vs. Union of India (Uoi) and ors ...

Court: Andhra Pradesh

Reported in: 1992(2)ALT135

A. Lakshmana Rao, J.1. The Petitioners are engaged in the manufacture and sale of vegetable oils. By virtue of Section 3 of the Vegetable Oils Cess Act, 1983 (Act No. 30 of 1983), cess is leviable on vegetable oils produced in any mill in the country. This Act came into force with effect from January 1, 1984 whereas the assent of the President was received on September 7, 1983. Parliament also enacted the National Oil Seeds and Vegetable Oils Development Board Act, 1983 (Act No. 29 of 1983) to provide for the development of the oil seeds and vegetable oils industry under the control of the Union and for matters connected therewith. This Act received the assent of the President on September 8, 1983. Under this Act, the Central Government is conferred power to constitute the National Oil seeds and Vegetable Oils Development Board (for short the Board). In exercise of that power, a Board has been established 'In order to ensure that the said Board has the necessary resources to discharge ...

V. Pentayya Vs. the Joint Manager Food Corporation of India and anr.

Court: Andhra Pradesh

Reported in: 1992(2)ALT107

ORDERBhaskar Rao, J.1. The simple question this writ petition gives rise to is, whether an application made under Section 33C(2) of the Industrial Disputes Act by a retired workman for recovery of certain monies due for the period during which he was in employment from the employer is maintainable.2. The brief facts that gave rise to the above question are: The Petitioner worked as a Khalasi in the Food Corporation of India 1st respondent for 20 years and retired in August, 1986 voluntarily under a special scheme. Thereafter, he filed C.M.P.33/89 on the file of the 2nd respondent labour-court for recovery of certain amounts due from the Corporation. The labour court having heard the counsel for the Food Corporation of India on the preliminary issue as regards the maintainability of the application made by a retired workman, returned the papers for presentation, before a proper court on 10-9-1990 holding that the application is not maintainable. It is this order of the 2nd respondent th...