Andhra Pradesh Court June 1991 Judgments
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Nalajala Narasayya Vs. Nalajala Sitayya and Others
Court: Andhra Pradesh
Decided on: Jun-18-1991
Reported in: AIR1992AP97; 1991(3)ALT285
ORDERM. Jagannadha Rao, J. 1. Thisrevision has been referred to a Division Bench by Immaneni Panduranga Rao, J. by order dated 26-2-1991 as he considered that the decision rendered by Kodandaramayya, J. in T. China Panduranga Rao v. B. Venkatap-paiah, (1986) 1 APLJ (Short Notes) 78 requires reconsideration. We shall first mention how the point arises and then refer to the conflicting views expressed by the two learned Judges.2. The petitioner before us is the plaintiff. The suit -- OS No. 95 of 1980 -- was filed initially in the Court of the District Munsif, Chintalapudi, West Godavary, and was subsequently transferred to the District Munsif s Court, Eluru, and was registered as OS No. 23 of 1985. The suit for specific performance was based on an agreement dated 25-11-1975 executed by the first defendant in favour of the plaintiff. The first defendant contended that the suit agreement was got executed by the plaintiff by playing fraud and misrepresentation on him. The third defendant i...
Sri G. Mallikharjuna Rao, Formerly District and Sessions Judge, Grade ...
Court: Andhra Pradesh
Decided on: Jun-18-1991
Reported in: 1991(3)ALT132
1. A very extraordinary question arises for consideration in this case Viz., can a delinquent officer, who is punished after due compliance with procedural requirements under relevant Rules, urge that the order of punishment is not effective in spite of its publication in the Gazette and repeated attempts to serve the same on him in person and by registered post, and that such an order is not effective till he actually receives the same. The learned single Judge has gone into this question in considerable detail.2. It is a fact that G.O.Ms.No. 602, General Administration (Sc.F) Department, dated 7-11-1990 dismissing the delinquent officer from service was published in the official Gazette on 14-11-1990. The High Court on receipt of a copy of the Government Order, sought to serve that order on the delinquent officer by requiring the District Judge, Guntur to serve the same on him. The District Judge sent different process Server on different dates for service of the Government Order on ...
Srinivasa Weavers' Co-op. Production and Sales Society Ltd. Vs. Arikat ...
Court: Andhra Pradesh
Decided on: Jun-14-1991
Reported in: [1991(63)FLR661]; (1995)IIILLJ71AP; (1995)IIILLJ71SC
M.N. Rao, J. 1. This writ appeal by the second respondent in the writ petition is from the judgment of our learned brother Bhaskar Rao, J. in Writ Petition No. 13457 of 1987 allowing the writ petition filed by the first respondent herein for a direction to implement the order passed by the second respondent herein- the Assistant Commissioner of Labour, Circle I, Guntur - directing reinstatement and payment of back wages. The first respondent herein was originally : appointed as a clerk in Sri Bhavana Rushi Weavers' Co-operative Production and Sales Society, Chebrole, on 1.4.1977 By an order dated 13.10.1980 his services were terminated; whether the termination was on the ground of fraudulent misconduct or otherwise is a matter in controversy - there is no clear record on this aspect. Challenging that order of termination the first respondent-Shri Nageshwara Rao - Preferred a statutory appeal to the second respondent-the Assistant Commissioner of Labour, Guntur - who, by his order dated...
Muggula Suryanarayana and Others Vs. the Gram Panchayat Committee, Bha ...
Court: Andhra Pradesh
Decided on: Jun-14-1991
Reported in: AIR1992AP266; 1991(2)ALT425
ORDER1. The petitioners are three in number. The 1st petitioner is the father of petitioners Nos. 2 & 3. They claimed to be members of the Undivided Hindu Joint Family and owners of land on which the shops in question were constructed. They pray for a writ of Mandamus declaring the action of the respondent Gram Panchayat, Bhadrachalam in issuing a notice in Rc No. P2/148/91, dated 21-2-1991 and the further action of the respondent taken pursuant to such aotice in breaking open the locks of the three shops held by the petitioners and in taking the entire stock of cloth without mentioning the quantity or quality of thecloth from the shops of the petitioners as illegal and void and for a further direction to the respondent to account for the stocks taken from the shops of the petitioners on 25-2-1991 under cover of the panchnama by restoring the shops and goods.2. The father of the 1 st petitioner is said to have purchased land admeasuring Ac. 0-11 cents of land in S. No. 20/65 from the p...
Zulaiqa Be and anr. Vs. Mohd. Mahamood Khan
Court: Andhra Pradesh
Decided on: Jun-14-1991
Reported in: 1991(2)ALT432
Jagannadha Rao, J. 1. This Letters Patent Appeal is preferred by the defendants 1 and 2 against the judgment of the learned single Judge in CCCA No. 304/82 dt. 13-3-91 confirming the judgment of the trial court in OS No. 233/78 on the file of the II Addl. Judge, City Civil Court, Hyderabad dt. 4-10-82. The respondent before us is the plaintiff. The suit was filed by the respondent in 1978 for a declaration of title in respect of the house property in Hyderabad City and for possession from the defendants 1 and 2 and for future mesne profits from the date of suit. Both the courts have decreed the suit granting a declaration and possession. 2. The brief facts of the case are as follows:--One Hazi Hidayath Khan had a son by name Rahmath Khan. The said Rahmath Khan had two wives and the 1st defendant (1st appellant before us) is the daughter born to his first wife. The second appellant before us is the 2nd defendant and is the husband of the 1st defendant. The respondent-plaintiff was born ...
Sree Srinivasa Weavers Co-op. Production and Sales Society, Rep. by It ...
Court: Andhra Pradesh
Decided on: Jun-14-1991
Reported in: 1991(2)ALT446
M.N. Rao, J. 1. This writ appeal by the second respondent in the writ petition is from the judgment of our learned brother Bhaskar Rao, J. in Writ petition No. 13457 of 1987 allowing the writ petition filed by the first respondent herein for a direction to implement the order passed by the second respondent herein--the Assistant Commissioner of Labour, Circle I, Guntur--directing reinstatement and payment of backwages. The first respondent herein was originally appointed as a clerk in Sri Bhavana Rushi Weavers' Co-operative Production and Sales Society, Chebrole, on 1-4-1977. By an order dated 13-10-1980 his services were terminated; whether the termination was on the ground of fraudulent misconduct or otherwise is a matter in controversy- there is no clear record on this aspect. Challenging that order of termination the first respondent--Shri Nageshwara Rao--preferred a statutory appeal to the second respondent--the Assistant Commissioner of Labour, Guntur--who, by his order dated 18l...
Ganta Nagamani Vs. Ganta Lakshmana Rao and Another
Court: Andhra Pradesh
Decided on: Jun-12-1991
Reported in: AIR1992AP76; 1991(3)ALT506; I(1992)DMC234
ORDERSardar Ali Khan, J. 1. This C.M.A.is preferred u/S.28 of the Hindu Marriage Act, 1955 (Act No. XXV of 1955) and is directed against the order and decree dated 21-8-1987 made in O.P. No. 13 of 1982 on the file of the Court of the Subordinate Judge, Machilipatnam.2. The husband, who is the 1st respondent before us, filed the Original Petition u/S. 13 of the Hindu Marriage Act, 1955. The allegations levelled against the 1st respondent-wife by the petitioner-husband, in a nut-shell, are as follows:-- The petitioner and the 1st respondent were married, according to Hindu rites and customs, on 9-5-1971. They lived together and a son, by name Satish Kumar, was born in the year 1975 and at the time of the filing of the O.P. the boy was aged about 7 years. Thereafter, a daughter, by name Hemalakshmi, was born to the couple, who was aged about 6 years at the time of the filing of the O.P. The petitioner was working as a Basic Health Worker at Avakur Sub-Centre in Kaikalur taluk and kept his...
M. Ramgopal Vs. Chairman, Central Recruitment Board, State Bank Group, ...
Court: Andhra Pradesh
Decided on: Jun-12-1991
Reported in: 1991(2)ALT690; (1992)IILLJ599AP
1. The question for decision in this writ appeal is whether the appellant, the petitioner in the writ petition, belongs to a Scheduled Caste 2. The facts not in dispute are that his father is a Brahmin and mother an Adi Andhra, recognised Schedule Cast. He applied for the post of clerk-cum-cashier to the Regional Recruitment Board (for short 'the Board'), State Bank Group, Hyderabad, and after he was interviewed on January 18, 1982, an order of provisional selection was issued in his favour. Thereafter, the Board by an order dated October 31, 1983 informed him that since his father is a Brahmin, he was not entitled to claim the status of a member of Scheduled Caste. Assailing the legality of the order, he filed Writ Petition No. 3492 of 1986 from out of which the present writ appeal arises. 3. At the stage of admission of the writ petition, K. Ramaswamy, J. (as he then was) sent for the record and after perusing the record submitted by the Board, dismissed the writ petition observing t...
Smt. Kothacheruvu Lakshmidevamma Vs. the District Collector (Returning ...
Court: Andhra Pradesh
Decided on: Jun-12-1991
Reported in: 1991(2)ALT467
ORDERSyed Shah Mohammed Quadri, J.1. The petitioner is seeking a writ of mandamus declaring the deletion of her name from the list of voters' without notice or enquiry as arbitrary and illegal and for a direction to permit the petitioner to exercise her franchise in the election to the Lok Sabha scheduled to take place on 15-6-1991. 2. The petitioner claims to be a resident of Kothapalli Village, hamlet of Candlaparthi, Ananthapur District. She says that she was registered as a voter on the basis of 1988 census in both the Assembly Constituency and the Lok Sabha Constituency and that she has been exercising her franchise from the time she became eligible to vote. It is stated that in the final list of voters for the current Parliamentary Elections she was alloted to polling booth No. 174 under 172 Ananthapur Assembly Constituency and her Serial No. in the list was 109. When the election agents distributed slips, they informed that her name was deleted from the voters list. That informa...
J. Sadanandam and ors. Vs. the Election Tribunal (Subordinate Judge, S ...
Court: Andhra Pradesh
Decided on: Jun-12-1991
Reported in: 1991(3)ALT16
Neeladri Rao, J.1. As similar points are involved, all these writ petitions are heard together. The petitioner in W.P.No. 11868/89 was elected as the President of Mandal Praja Parishad (for short M.P.P.), Sangareddy, while the other petitioners were elected as Sarpanches of various Gram Panchayats. Election Petitions were filed challenging the elections of these petitioners. While the petitioner in W.P.No. 11868/89 is a workman in B.H.E.L., the petitioners in the other writ petitions are workmen in Singareni Collieries. The election of the petitioner in W.P.No. 11868/89 was challenged inter alia on the ground that he was disqualified, being an employee of B.H.E.L., a public sector undertaking, for being elected as the President of M.P.P. The Election Tribunal set aside the election of the above petitioner by accepting the contention of the election petitioner that his nomination was wrongly accepted as he was disqualified from contesting to the post of president of M.P.P. The election ...
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