Andhra Pradesh Court March 1994 Judgments

P. Anasuyamma and anr. Vs. the Commissioner of Land Revenue, Govt. of ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT329

ORDERB.S. Raikote, J.1. Both these writ petitions are taken together since they involve common questions of fact and law.2. The petitioner in W.P.No. 18870 of 1987 is an assignee of land to the extent of Ac. 1-07 cents of dry land in S.No. 96/8 of Vengamukkalapalem village, Ongole taluk, Prakasam district, assigned on 15-2-1970, On the same date, the petitioner in W.P.No. 18898 of 1987 was also assigned Ac. 2-50 cents of dry land in S.No. 101/3 of Vengamukkalapalem village, Ongole taluk, Prakasam district. The Collector of Prakasam district issued a show cause notice dated 6-7-1982 to both of them to show cause as to why their assignment should not be cancelled on the ground that the petitioners had misrepresented certain facts and had also suppressed certain materials. To that show cause notice the petitioners have given reply and after considering the reply, it is now submitted that without giving any personal hearing the second respondent passed an order dated 20-3-1984 in respect o...

The Secretary Appsc and Another Vs. Shaik Khadervalli

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This is a petition to condone the delay of 197 days, but actually the delay is 222 days. 2. Briefly stated, a complaint was filed against the petitioners herein The Secretary and Chairman of A.P. Public Service Commission. According to the petitioners notice of the complaint was received on 23.4.1993 and by the time they could process the application and prepare the necessary reply, they received an exparteorder dated 22.5.1993 and 1.6.1993. It was stated in the detailed affidavit dated 22.3.1994 that on 14.6.1993, a note was put to the Deputy Secretary by the Legal Cell section, which was approved on the same day. Thereafter, the file was sent to the confidential section for furnishing the particulars of the case. The confidential section at that time, as it deals with all aspects of recruitments i.e. getting the papers set by experts concerned from the various universities, printing of question papers, valuation of answer books and scrutiny of the ...

Desi Kedari Vs. Huzurabad Co-operative Marketing Society Ltd. and Othe ...

Court: Andhra Pradesh

Reported in: AIR1994AP301; 1994(2)ALT539

ORDERJ. Eswara Prasad, J.1. This appeal is filed against the judgment of the learned single Judge allowing the appeal and remanding the suit for fresh disposal in accordance with law.2. The brief facts of the case are as follows: The appellant is the plaintiff in the suit laid for specific performance of the agreement of sale dated 26-12-1977, executed by the first respondent-first defendant, Huzurabad Co-operative Marketing Society Limited, whereby the first respondent agreed to execute a sale deed conveying the plaint 'A' schedule vacant site owned by it and measuring 165' x 12' situated at Jammigunta Road, with the boundaries mentioned in the schedule, for a consideration of Rs. 90,000/ -. The 2nd defendant in the suit was the President of the first respondent first defendant Society. The first respondent filed a written statement on 10-8-1981 admitted that the 2nd defendant was authorised to sell its properties, particularly, the suit site by the resolution of the general body of t...

G.M. Satya Sarath Kumari Vs. Sri Veera Venkata Satyanarayana Swamy Var ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT712

ORDERB. Subhashan Reddy, J.1. The writ petitioner belongs to Scheduled Caste. She rendered service in the office of the 1st respondent-Devasthanam and to that effect service certificate was issued by the said endowment. In the format prescribed for registration of a candidate in the employment exchange, there exists a column with regard to the work experience. The complaint of the petitioner is that even though such a column exists, the work experience of the petitioner has not been fed into the computer and consequently it did not appear in the employment registration card. 2. Ms. Pramada the learned Counsel appearing for the 2nd respondent submits that according to the instructions, only the experience in Government offices will be mentioned in against the column relating to work experience and not the experience in the endowments like the 1st respondent. But, I do not find any rationale in such a discrimination and there is no intelligible differentia so as to make a distinction tha...

T. Janardhan Vs. Andhra Pradesh State Electricity Board, Rep. by Its C ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT328

ORDERT.N.C. Rangarajan, J.1. This petition seeks a writ of certiorari to quash the order of the Industrial Tribunal, Godavarikhani, Karimnagar District, upholding the dismissal of the petitioner.2. The petitioner was appointed as helper in Andhra Pradesh State Electricity Board in May, 1979 and was promoted as Bill Collector from 4-6-1980. On 17-7-1982, he was transferred to Khanapur. He was prosecuted for the offence under Section 376 of the Indian Penal Code for an incident which happened on 11-4-1983; but he was acquitted. The second incident occurred with respect to the same person on 26-4-1983, and the first information report was given on 28-4-1983. He was again prosecuted for the offence under Section 354 of the Indian Penal Code and he was convicted on 8-11-1985 by the Assistant Sessions Judge. Thereafter, the mother of the person made a complaint on 25-12-1985, which was forwarded to the Board. On 21-3-1986, the conviction was confirmed by the Additional Sessions Judge, who mo...

Revu Krishnamurthy and anr. Vs. Ponamanda Venkateswara Rao and ors.

Court: Andhra Pradesh

Reported in: 1994(2)ALT54; 1994(2)ALT(Cri)111

ORDERD.J. Jagannadha Raju, J.1. The main petition is filed under Section 482 of Criminal Procedure Code to call for records of M.C. No. 1 of 1994 on the file of the Mandal Revenue Officer and Executive Magistrate, Bantumilli and to quash the same. The order, which is impugned in these proceedings, is passed in M.C. No. 1 of 1994 dated 4-1-1994. Now the arguments reveal that there was a long history of civil litigation regarding this property. According to the petitioners, the Mandal Revenue Officer initiated proceedings under Section 145 of Criminal Procedure Code when civil litigation was pending in O.S. No. 51 of 1993, which was filed on 3-7-1993. According to the contesting respondents, the land was acquired and Section 4 notification was issued on 2-1-1993 and award was passed on 27-3-1993 and possession was taken by the Government on 20-4-1993 and subsequently, pattas were distributed on 25-5-1993 and on 26-5-1993, possession was also handed over to the grantees of the pattas. Fro...

H. Suryaprakasa Rao and ors. Vs. Andhra Pradesh State Electricity Boar ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT341

ORDERP.L.N. Sarma, J.1. This Writ Petition has been filed for a Mandamus to compel the respondents to implement B.P. Ms. No. 233 Management Services, dated 24-3-1976, and consequently to direct the respondents to prepare a common seniority list of several categories of staff working in the head quarters, i.e., staff in the Board Secretariat, Chief Engineers Offices at the head quarters and the staff working in the erstwhile offices of the Financial Advisor and Chief Controller of Accounts and to frame a uniform set of regulations governing promotions etc.2. All the petitioners are the employees of the A.P. State Electricity Board (hereinafter referred to as 'the Board') and they have been working in the offices of the Financial Adviser (for short 'F.A.') and Chief Controller of Accounts (for short 'C.C.A.'). Some of them are working as Assistant Accounts Officers and some others as Accountants and the rest as Upper Division Clerks and Lower Division Clerks.3. The grievance involved in ...

P.N.S. Murthy Vs. the Oriental Insurance Co. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint was filed claiming compensation of Rs. 26,400/-, on account of failure of the electric moving display system which was insured with the Opposite Party. The District Forum without going into merits of the case closed the complaint that both parties to appoint the Arbitrator as per Clause-9 within a month from today. 2. It is submitted in this appeal that the District Forum ought to have considered the case on merits and mere existance of arbitration clause under agreement does not take away jurisdiction of the District Forum to adjudicate upon the claim, if there is any deficiency in service. We see force in the aforesaid contention. It has been held by the National Commission that in case of Insurance claims, mere clause in the Insurance Policy, that the parties may refer to the arbitration, does not in any way take away the jurisdiction of the District Forum. In the result the order of the District Forum is set aside and the matter is ...

Vibhuthi Bhushan Deo Vs. K.S. Mohammed

Court: Andhra Pradesh

Reported in: 1994(2)ALT553

ORDERS.V. Maruthi, J.1. These two revisions are filed against the common order of the Principal Subordinate Judge, Visakhapatnam in R.C.A. Nos. 17 and 18 of 1988.2. In both these revisions, landlord is the petitioner.3. Landlord filed a petition for eviction of the respondent-tenant in R.C. No. 40 of 1981 on the file of the Principal District Munsif-cum-Rent Controller, Visakhapatnam, on three grounds, viz., wilful default in payment of rent, bona fide personal requirement of the premises and sub-letting the premises without the consent of the landlord. The tenant also filed R.C.C. No. 12 of 1981 for permitting him to deposit the rents in the Rent Control Court. The Rent Controller dismissed the R.C.C. No. 40 of 1981 filed by the landlord and allowed R.C.C. No. 12 of 1981 filed by the tenant permitting the respondent-tenant to deposit the rents in the Court in the name of the petitioner. On appeal, the learned Principal Subordinate Judge confirmed the findings of the Rent Controller in...

G. Gnanesha and Others Vs. Special Deputy Collector, Land Acquisition ...

Court: Andhra Pradesh

Reported in: AIR1994AP346; 1994(2)ALT117

ORDER1.The short question that arises in these writ petitions is whether the Land Acquisition Officer can refrain from passing the award in respect of the lands under acquisition only on the ground that funds were not made available by the requisitioningauthority for payment of compensation to the claimants as per the award that may be passed. 2. The petitioners in these various writ petitions are owners of different extents of land in Survey Nos. 102, 115, 133, 134,135, 136, 137, 138, 140/1 and 142/1 of Karmanghat village of Saroornagar mandal in Rangareddy district and in Survey No. 149 of Jullellaguda village of Saroornagar mandal in Rangareddy district. The possession of the said land was taken by the Defence Estate Officer, A.P. Circle at Secunderabad in Nov. 1978 on lease basis under the provisions of the Requisitioning and acquisition of Immovable Property Act, 1952 (for short R.A.I.P. Act). After the said land together with land in Survey Nos. 101 and 139 of Karmanghat village ...