Andhra Pradesh Court July 1994 Judgments
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Thadi Venkaiah Vs. Divisional Manager Andhra Pradesh State Road Transp ...
Court: Andhra Pradesh
Decided on: Jul-29-1994
Reported in: 1994(2)ALT611; (1995)ILLJ701AP
ORDER1. In this writ petition, the petitioner, who is a displaced employee of a private bus bearing No. AEE 456 on account of nationalisation of bus routes, is seeking for employment as a conductor in APSRTC and it is not denied that there is such a scheme. 2. While the complaint of the petitioner that he was unduly not considered for that post on the ground of non-existing medical ground, the learned standing Counsel for the respondent-Corporation, Mr. P. Gangarami Reddy, strenuously contends otherwise. Mr. Gangarami Reddy contends that the petitioner is only one eyed and as such he is unfit to discharge the functions of a conductor, which need good vision to look into papers including that of minute details on the ticket and also counting of cash. It is also his contention that with one eye the conductor will not be able to see who are all the passengers that are boarding and getting down the bus. In so far as the doctors employed by the APSRTC are concerned, they did certify that th...
Sanjay Rural Electrical Co-operative Society Limited, Through Its Mana ...
Court: Andhra Pradesh
Decided on: Jul-29-1994
Reported in: 1994(3)ALT593
Lingaraja Rath, J.1. The writ appeal is directed against the order of the learned single Judge dated27-7-1987allowingWritPetition No. 8164 of 1982 filed by the respondents 1 and 2 against the order of cancellation of assignment of land made in their favour.2. The facts of this case have a chequered list of events for more than thirty years. The respondent No.l and one Sri Shaik Hyder, husband of the 2nd respondent herein, were assigned the disputed land measuring Ac.6.07 gts. in Survey No. 339 in Jogipet village in the year 1960 under the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (hereinafter referred to as 'the Act') read with the Rules of Assignment issued in G.O.Ms. No. 1406 dated 25-7-1958 (hereinafter referred to as 'the Rules'). About seventeen years after the assignment, the Tahsildar, Jogipet, passed an order of resumption of land on 30-10-1977 on the ground that the lands had not been put into cultivation within three years of the assignment. An appeal filed...
Jayanthipuram Gram Panchayat Rep. by Its Sarpanch and ors. Vs. the Dis ...
Court: Andhra Pradesh
Decided on: Jul-29-1994
Reported in: 1994(2)ALT727
ORDERB. Subhashan Reddy, J.1. These writ petitions have been filed by the Sarpanches of various Gram Panchayats. The point canvassed by the learned Counsel for the petitioners is that the employees who were appointed by the petitioners are not being paid salaries as the funds are not being released by the District Collector.2. The learned Assistant Government Pleader, appearing for the respondents, contends that such of those aggrieved employees, who are not paid salaries, have already invoked the jurisdiction of Andhra Pradesh Administrative Tribunal for vindicating their rights and that the Us is pending there in several original applications, one of which is O.A-No. 6649 of 1993. In so far as the filing of the original applications in the A.P. Administrative Tribunal by the aggrieved employees is concerned, that is not disputed by the learned Counsel for the petitioners. What he submits is that, that case is different from the lis in these writ petitions as the lis is at the instanc...
C.J. Raju Vs. the State of Andhra Pradesh Rep. by the District Collect ...
Court: Andhra Pradesh
Decided on: Jul-28-1994
Reported in: 1995(1)ALT333
Syed Shah Mohammed Quadri, J.1. This sprit appeal has been referred to the Full Bench by a Division Bench of this Court by order dated 12-7-1994 in view of the submission made by the learned counsel for the appellant that Section 52-A of the Andhra Pradesh Revenue Recovery Act (for short the Act') is ultra vires of the powers of the State Legislature in so far as it permitted recovery of dues of the present nature owing to respondents 2 and 3 as arrears of land revenue.2. The facts which led to the reference of this writ appeal to the Full Bench may briefly be stated thus:The appellant had been getting supplies of eggs from respondent 3, which is a Zonal Office of respondent 2 a Corporation owned by the State of Andhra Pradesh. For the recovery of the amounts due by the appellant on account of such transaction, proceedings were initiated against him Under Section 52-A of the Act and a notice Under Section 8 of the Act was served on him. Challenging the validity of the notice and applic...
M. Peer Reddy Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Jul-27-1994
Reported in: AIR1995AP46; 1994(2)ALT720
ORDERLingaraj Rath, J.1. The appellant is an advocate practising at Sanga Reddy in Medak District and is assailing the judgment of the learned single Judge rejecting his claim for legal fees raised by him against the respondent No. 2, on account of having conducted on his behalf 101 land acquisition original petitions under Section 30 of the Land Acquisition Act and 329 interlocutory applications. The appellant had filed three writ petitions viz. 9049, 9050 and 9089 of 1989. While W.P. Nos. 9050 and 9089 of 1989 were allowed, the claim in W.P. No. 9049 of 1989 was rejected on the learned Judge taking the view that the payment of fees to the appellant is governed by sub-rules (5) and (7) of Rule 30 of the Law Officers Fees Rules. The learned Judge found that as the Andhra Pradesh Law Officers (Recruitment, Conditions of Service and Remuneration) Rules, 1967 (for short 'Law Officers Fees Rules) do not make any provision for payment of fees in respect of original petitions under Section 3...
K.B. Narsaiah Vs. Industrial Tribunal-cum-labour Court, Warangal and a ...
Court: Andhra Pradesh
Decided on: Jul-26-1994
Reported in: (1996)ILLJ488AP
ORDERLingraj Rath, J. 1. The writ petitioner is the appellant. He was a conductor of the second respondent, A.P.S.R.T.C. and through departmental proceedings was removed from services. The removal was assailed before the Industrial Tribunal-cum-Labour Court, the first respondent. But the award having gone against him, he came before this Court in Writ Petition. A learned single Judge of this Court declined to interfere making observations that the charges against the appellant have been proved, that the report of domestic enquiry was also to the same effect and that the Tribunal passed an award basing on the evidence and also the past record of the writ petitioner, which does not suffer from any illegality or infirmity. It is further observed that it is not the case of the writ petitioner that the past record mentioned therein was not correct, that the past record mentioned in the award was an indication that it was within the knowledge of the petitioner and that he was also awarded ce...
Shaik MuneeruddIn Vs. Karnataka Power Corporation Ltd., Rep. by Its Ch ...
Court: Andhra Pradesh
Decided on: Jul-26-1994
Reported in: 1994(3)ALT127
ORDERS. Parvatha Rao, J.1. This revision petition is preferred by the applicant in LA. No. 1269 of 1992 in O.S. No. 718 of 1991 on the file of the learned II Additional Judge, City Civil Court at Hyderabad questioning the order dated 7-7-1993 dismissing the said LA.2. The 1st respondent herein is the plaintiff and the 2nd respondent is the defendant in the said O.S. No. 718 of 1991. The 1st respondent filed the suit seeking to recover a sum of Rs. 3,85,500/- with future interest at 18% per annum as the 2nd respondent bank failed to pay the sum of Rs. 3,00,000/- covered by bank guarantee No. 2 of 1988 given by it at the instance of the petitioner. The bank guarantee was issued on 5-2-1988 and originally it was valid till 23-3-1989. At the instance of the 1st respondent the validity of the bank guarantee was extended by the 2nd respondent bank from time to time and lastly till 31-12-1989. The amount claimed by the 1st respondent includes Rs. 85,500/- being interest claimed at 18% per ann...
Yarlagadda Lakshminarayana and others Vs. Sri Kanaka Durga Gazetted Of ...
Court: Andhra Pradesh
Decided on: Jul-25-1994
Reported in: AIR1995AP41; 1994(3)ALT234
1. The appellants in this Civil Miscellaneous Appeal are the defendants 2 to 10 in O. S. No. 72 of 1993 on the file of the learned IInd Additional Subordinate Judge at Vijayawada. The said suit, was preferred by the respondent-society for a declaration that defendants 2 to 10 have no manner of right, title and interest in the plaint schedule property and for consequential permanent injunction restraining defendants 1 to 10 from making constructions in the plaint schedule property and also restraining the 11th defendant in the suit from granting any permission for such constructions. The 1st defendant is a member of the plaintiff-society and defendants 2 to 10 are not its members. The 1st defendant was allotted the plaint schedule property and a sale deed was also executed in her favour by the plaintiff. Certain conditions were imposed as regards' alienation of the property by the 1st defendant in the sale deed and the relevant bye-laws of the society which imposed the said conditions w...
D.S.R. Prasad Vs. M. Ramarao and anr.
Court: Andhra Pradesh
Decided on: Jul-25-1994
Reported in: 1994(2)ALT658
S.V. Maruthi, J.1. This revision arises out of an order passed by the learned Subordinate Judge, Madanapalle in E.A. No. 286 of 1992 in E.P. No. 16 of 1991 in LA. No. 1079 of 1983 in O.S. No. 74 of 1976.2. The second plaintiff is the petitioner herein. Petitioner is the son of the first plaintiff. The first plaintiff died during the pendency of the final decree proceedings. The plaintiffs filed the suit seeking dissolution of the partnership firm carried on by the plaintiffs and the defendants in the name of Sunanda Silk Industries and for a direction to the defendants to account for the profits and losses. The trial Court passed a preliminary decreeon 23-4-1980 holding that the firm is dissoved from 24-11-1976 and the first plaintiff Sri D. Gurumurthi has to render accounts from 20-8-1972 till 24-11-1976 and the first defendant shall account for the balance of sale consideration left over with him. Thereafter, plaintiffs filed LA. No. 433 of 1980 for passing a final decree, pursuant t...
A. Peda Veerender and Others Vs. the Land Acquisition Officer/R.D.O., ...
Court: Andhra Pradesh
Decided on: Jul-22-1994
Reported in: AIR1995AP36; 1994(3)ALT610
ORDER1.In this writ petition the question as to whether the petitioners are entitled to get the value for their lands which were acquired by a common notification, redeter-mined under Section 28A of the Land Acquisition Act, 1894, falls for consideration.2. Petitioners, whose lands measuring Acs 13-20 guntas of Sy. Nos. 399 to 405 and 407-A of Kanteswaram village, Nizamabad District, were acquired for providing house sites pursuant to a notification issued in G.O.Ms. No. 96, dated 20-1-1976. Along with the lands of the petitioners, some other lands belonging to some other persons situated in Sy. No. 3286 were also acquired by the said notification, by the respondents. As far as the lands of the petitioners are concerned, it is stated, the Land Acquisition Officer fixed the compensation at Rs. 20,000,00/- per acre under three awards dated 20-3-1977, 6-9-1977 and 26-6-1978. On reference under Section 18 of the Land Acquisition Act, 1894, the Additional District Judge, Nizamabad, by his o...
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