Andhra Pradesh Court August 1992 Judgments
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Dr. A. Satyanarayana Rao, Party-in-person Vs. Sri Krishna Kanth, H.E. ...
Court: Andhra Pradesh
Decided on: Aug-12-1992
Reported in: 1992(3)ALT321
ORDEREswara Prasad, J.1. The matter has come up for orders on the objection raised by the Registry as to the maintainability of the writ petition, filed against the Governor of Andhra Pradesh, by name. Sri Naga Seshaiah, learned Government Pleader was requested to assist the Court. He accordingly appeared and contended that the writ petition is not maintainable on two grounds, namely, (1) the writ petition filed against the Governor of a State by name is not maintainable under Article 361 of the Constitution of India; and (2) the writ petition also is not maintainable in this Court as it pertains to the service matter of the petitioner, and is barred by the provisions of the Administrative Tribunals Act, 1985.2. The petitioner served as a Veterinary Asst. Surgeon in the A.P. Animal husbandry Department, Govt. of Andhra Pradesh, The sole respondent in the writ petition is, Sri Krishna Kanth, Governor of Andhra Pradesh. The petitioner prays for issuing a Writ of Mandamus directing the re...
Gunda Nageswara Rao and ors. Vs. the General Manager, West Godavari Di ...
Court: Andhra Pradesh
Decided on: Aug-11-1992
Reported in: 1993(1)ALT119
ORDERSubhashan Reddy, J.1. The dispute in question is as to whether the crop insurance said to have been collected from the petitioners while disbursing the crop loans will cover the crop loans for the period in question on account of drought. Mr. Chinna Baba, appearing for the petitioners brings to my notice a memo of the Government dt.10-8-1987 and at Item No. 7, Chintalapudi Mandal area has been declared as drought area during the year 1987-88.2. At issue, is the validity of the action of the respondents in seeking to collect the amounts towards loans and that too by applying coercive methods. The first issue to be determined is as to whether the Insurance scheme covers the crop loan in question for the period concerned and as to whether the place where the crop loan was disbursed is a drought affected area and as to whether the petitioners had suffered on account of the said drought and that consequently, they are not liable to re-pay the crop loan, but the respondents have to ask ...
Amarchand Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-11-1992
Reported in: 1992(3)ALT258
Iyyapu Panduranga Rao, J.1. Heard the learned counsel for the petitioner and the learned Public Prosecutor.2. The grievance of the petitioner is that he filed an application to send the 2nd sample to the Central Food Laboratory, but the said application was rejected on the ground that it was filed after 10 days of the period prescribed.3. Since the petitioner is seeking to get the 2nd sample tested as the earlier report is against him, an opportunity be provided to the petitioner to prove his innocence.4. Under the circumstances, the lower court, is directed to send the 2nd sample to the Central Food Laboratory after observing the necessary formalities and as expeditiously as possible. Accordingly, the Crl. R.C. is allowed at the stage of admission....
D. Ramana Raju Vs. Yendapalli Gowramma and ors.
Court: Andhra Pradesh
Decided on: Aug-11-1992
Reported in: 1992(3)ALT577
Sivaraman Nair, J.1. The 1st respondent in Writ Petition No. 10037/87 appeals the Judgment of our learned brother Radhakrishna Rao, J.2. Petitioners in the above Writ Petition sought the issue of a writ of certiorari to quash the order of the District Judge, West Godavari in ATA No. 58/85, reversing the order of the Special Officer-cum-District Munsif, Chintalapudi of the same District in ATC No. 1/83. The facts which led to the writ petition are the following:3. We will refer to the parties as they were arrayed before the learned single Judge.4. The 1st respondent filed an application under Section 16(1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') before the 3rd respondent Special Officer District Musnif to declare him as a cultivating tenant in respect of the petition schedule land measuring Ac. 1.25 cents of wet land in R.S. No. 49/23 of Tedlam village in Chintalapudi taluk. He sought the consequential injunction restraining the landlady or her agents...
A.P. Lingadhari Koya (Ordinary) Association Rep. by Its Convenor Vebhu ...
Court: Andhra Pradesh
Decided on: Aug-10-1992
Reported in: 1993(1)ALT101
ORDERM.N. Rao, J.1. This Judgment will dispose of both the writ petitions as they raise common questions. The petitioner in W.P.9707 of 90 is A.P. Lingadhari Koya (Ordinary) Association, represented by its Convenor Vibhuti Ramaiah. It was filed as a public interest litigation questioning the legality of an order issued by the Government of Andhra Pradesh in Memo No. 1129/Sl/89-1, dated 23-4-90 by which the Government directed that'every case in which a claim for issue of a Scheduled Tribe Community Certificate on the basis of the applicant's caste as belonging to Lingadhari Koya (ordinary) should be referred to Director, Tribal Cultural Research and Training Institute for clearance before issue of Scheduled Tribe community certificate.'The memorandum also directed all authorised officers to refer all such cases to the Director, Tribal Cultural Research and Training Institute (for short Director, Tribal) before issue of certificates and all educational institutions in the State were req...
Harijan Huts Association, Rep. by Its General Secretary, K. Beeja Rao ...
Court: Andhra Pradesh
Decided on: Aug-10-1992
Reported in: 1993(2)ALT215
ORDERP.L.N. Sarma, J.1. This revision petition is filed questioning the order of the Special court under A.P. Land Grabbing (Prohibition) Act, Hyderabad dismissing I.A.No. 267/92 in L.G.C.No. 2/92, dated 10-6-1992, filed for impleading the petitioner-Association as party respondent in the proceedings.2. It is stated in the affidavit filed in support of that application that the property in dispute belongs to the Government, the 50th respondent herein, and the same was already proposed to be allotted to the petitioners Associations as per letter No. RC.No. AA2/673/AQ 78, dated 7-5-85 issued by the District Collector (social welfare), Hyderabad District. Even earlier, another letter was issued by the District Social Welfare Officer, Hyderabad Dist. in letter No. AA2/ 573/1978, dated 4-6-82 requiring the consent of the petitioners Association for construction of three/four floor houses for its members.3. Having regard to the above letters, the petitioner, claiming interest in the subject ...
Dr. Sr. Y. Philomena, Principal and Correspondent St. Ann's College Vs ...
Court: Andhra Pradesh
Decided on: Aug-10-1992
Reported in: 1992(3)ALT324
Sivaraman Nair, J.1. This appeal arises from the judgment in W.P. No. 7412/92. Petitioner is the appellant. She assailed her transfer 'on religious grounds' from the posts of Principal & Correspondent of St. Ann's Degree and Post Graduate Colleges and Correspondent of St. Ann's Junior College for Girls, Mehdipatnam to the Generalate of St.Ann's Society at Guntur. The transfer was made by the 7th respondent who is the Superior General of the Society of St. Ann, Guntur. She replaced the petitioner by appointing respondent No. 5 as the Correspondent of the three colleges and as Principal of the Degree College and Post Graduate Centre and the 6th respondent as Principal of the Junior College. Petitioner assailed the order as devoid of jurisdiction, vitiated by malafides and as violative of the principles of natural justice. Those grounds did not appeal to the learned single judge. He therefore dismissed the Writ Petition. Hence this appeal.2. The pleadings in this appeal are voluminous. Th...
P. Kodandarami Reddy Vs. Nagarjuna Investment Trust Ltd. and anr.
Court: Andhra Pradesh
Decided on: Aug-07-1992
Reported in: 1993(1)ALT53
ORDERMotilal B. Naik, J.1. This court by an order dated 19-6-92 dismissed the C.R.P. C.R.P.4059/91 was filed assailing the legality of the order passed by the lower court on the sole ground that the impugned order passed under Rules 6 and 7 of Order, 39, C.P.C. was without notice.2. The present review petition is filed bringing to my notice that the main objection taken was that the lower court has not followed the procedure contemplated under Rule 8 of Order 39 C.P.C. and therefore, the order passed by this court on 19-6-92 has not dealt with the provisions of Rule 8 and hence the same needs review.3. In order to decide this aspect, it is necessary to read down the provisions of Rule 8, Order 39, C.P.C. and it is as under.'8 (1) An application by the plaintiff for an order under Rules 6 and 7 may be made at any time after institution of the suit.(2) An application by the defendant for a like order may be made at any time after appearance.(3) Before making an order under Rules 6 and 7 ...
Nalamati Latchanna Vs. Masina Sriramulu
Court: Andhra Pradesh
Decided on: Aug-07-1992
Reported in: 1993(1)ALT26
ORDERMotilal B. Naik, J.1. Respondent herein is the Plaintiff is O.S.Nos. 464/83 and 372/88 on the file of the Principal Subordinate Judge's Court, Kakinada. Originally, the respondent filed O.S.No. 178/83 on the file of the I Additional District Munsif's Court, Kakinada for declaration of his fishing rights in Chintalacheruvu and consequently to restrain the defendants therein from interfering with the said rights. A temporary injunction was also obtained by the respondent-plaintiff restraining the defendants therein from obstructing him from catching fish. It is under the background that the defendants therein have obstructed the plaintiff from catching fish and thereby caused damages to the tune of Rs. 60,000/-, the respondent-Plaintiff filed O.S.No. 464/83 before the Principal Subordinate Judge's Court, Kakinada against the defendants therein for recovery of the said damages. Later on, he filed O.P.No. 174/88 before the III Additional District Judge, Kakinada for transferring O.S.N...
S. Ashraf Bi Vs. Shaik Madar Sab and ors.
Court: Andhra Pradesh
Decided on: Aug-07-1992
Reported in: 1993(1)ALT201
N.D. Patnaik, J.1. The appellant herein filed a petition M.V.O.P.No. 31/81 in the Court of the District Judge-cum-Motor Accidents Claims Tribunal, Kurnool claiming compensation on account of the death of her husband by name S. Khasim Saheb in a motor accident on 21-6-1980 which occurred on account of the rash and negligent driving of the lorry APD 5268. The Tribunal found that the accident occurred on account of rash and negligent driving of the lorry by the driver, who is the 1st respondent in the petition. As regards the quantum of compensation the Tribunal had taken into consideration the fact that the deceased was aged about 40 years and was getting a pay of Rs. 455/- p.m. out of which he was giving Rs. 350/- to his wife for house-hold expenses. But it had taken into consideration the fact that the petitioner was given a job by the Government under the social security scheme and was receiving a total pay of Rs. 406/- and therefore deducted 80% by reason of her present employment an...
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