Andhra Pradesh Court July 1994 Judgments
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Samanuru Venkata Rama Raju and ors. Vs. Executive Engineer, Panchayat ...
Court: Andhra Pradesh
Decided on: Jul-11-1994
Reported in: 1994(2)ALT531
ORDERB. Subhashan Reddy, J.1. Both the writ petitions seek a common relief. The dispute relates to the location and construction of a primary school building to cater to the needs of the students. I find that most of the students are from downtrodden classes. In the village Balijepalli, Rajupalem Mandalam of Guntur District where the dispute arose with regard to the location and construction of a primary school building, the population seems to be around 3500 people. Already there is one primary school building and that is in Ward No. 1. That is a permanent building. As another primary school was needed, another building in Ward No. 2 was taken on rent. Proposals were made to construct a permanent building instead of the said rental building and to shift the school from the said rental building. Now, we are concerned only with the second school which is located in the rental building and which was proposed to be shifted to a permanent building after its construction.2. A site was chose...
Khaja Quthubullah Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jul-08-1994
Reported in: AIR1995AP43; 1994(3)ALT220
ORDER1. In this Revision petition the order of the learned Sub Judge, Medak in O.S. No. 96/90 regarding I. A. No. 74/93 dated 19-3-1993 is challenged. Although the respondents have been notified of the petition, no representation is made on their behalf. Only Mr. L. Prabhakar Reddy, the learned Advocate for the petitioner has advanced his arguments in support of his contentions raised in the petition.2. This revision petition arises this way : The petitioner filed suit O. S. No. 96/90 for recovery of Rs. 4,27,000/- with costs and such other reliefs as the court deems fit as against the defendants who are the respondents in this case. The suit was resisted by the respondents. The basis of the suit was the right of the plaintiff to recover the amounts towards dastband which was ultimately allowed in W.P. No. 1407/88 after a long battle and on the plea that although the petitioner was entitled to get such amount, he was paid only Rs. 10,659/-. The amount was awarded ultimately by passing ...
Dhanalakshmi Vs. the Divisional Manager, Apsrtc, Visakhapatnam and anr ...
Court: Andhra Pradesh
Decided on: Jul-08-1994
Reported in: 1994(2)ALT490
ORDER1. Petitioner is the widow of the deceased-employee of the respondent-Corporation who had put in around seven years of service in the Corporation till he met with an incident in and around December, 1991. It is stated that he was working at the Gajuwaka City Depot of Visakhapatnam. On the fateful day i.e. on 1-12-1991 he left his house for the purpose of attending the duty at the Gajuwaka Bus Depot. However, he did not return on the same day. The petitioner came to know that her husband was brutally murdered at Narava village by one of the employees of the respondent-Corporation and his close relatives. He left behind his wife, the petitioner, two minor children and old parents. It is stated that the deceased person, the husband of the petitioner was the only bread earner of the entire family and his entire family members are dependent upon his income. 2. Faced with the sudden development the petitioner seems to have made several representations to the respondent-Corporation seeki...
V. Poornachandra Rao Vs. Secretary, Andhra Pradesh State Electricity B ...
Court: Andhra Pradesh
Decided on: Jul-08-1994
Reported in: 1994(2)ALT432
ORDERMotilal B. Naik, J.1. The petitioner seeks Writ of Mandamus declaring the order of compulsory retirement of the petitioner from the service issued by the first respondent in Memo No. DP/DM. / V. /S. II/231 -Q2/90-1, dated 7-8-1991 as confirmed by the second respondent in Memo No. DP/DM. V/231-02/90-5, dated 7-12-1991 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently seeks direction to the respondents to reinstate the petitioner in service with all benefits. 2. The petitioner was working as Additional Assistant Engineer, Hydrogen Gas Plant, Kothagudem Thermal Station, Paloncha for several years. While so, an enquiry through proceeding dated 27-8-1989 was initiated against the petitioner alleging filling up of Oxygen Cylinders belonging to the third parties. 3. The Enquiry Officer while holding enquiry held that the charges levelled against the petitioner were not proved, and, the report of the Enquiry Officer was placed before t...
Chitram Venkaiah and Others Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-07-1994
Reported in: AIR1994AP359; 1994(2)ALT440
ORDER1. Petitioners seek a writ of Mandamus compelling the respondents 1 to 3 to allot either agricultural lands or house sites in the vicinity and proximity of the twin cities having the same value and utility as that of the lands which were taken away and acquired from them by the Govt. in the year 1964, if necessary, out of the lands available with them or by acquiring lands from others under any land acquisition proceedings.2. Petitioners 1 to 6, the deceased husband of the 7th petitioner and the deceased father of the 8th petitioner are allottees of lands under the scheme known as 'The Shri Acharya Vinoba Bhave Sarvodaya Bhoo Yagna Scheme'. The allotment was effected in the year 1956 by distribution of 'Pampini Patrams' assigning the lands to these persons and the allottees were also put in physical possession of the allotted lands. Petitioners 1 and 2 were allotted Ac. 4-00 of land each and petitioners 3 to 6 and Pallati Chittari and Gaddam Balaiah were allotted Ac. 3-00 of land ...
Raj Trading Company Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-06-1994
Reported in: [1995]98STC80(AP)
Syed Shah Mohammed Quadri, J.1. These two tax revision cases are filed by the same assessee and the questions raised in the tax revision cases are also identical. They are, therefore, disposed of by this common judgment. T.R.C. No. 202 of 1989 is directed against the order of the Sales Tax Appellate Tribunal dated July 19, 1989 in T.A. No. 688 of 1985. T.R.C. No. 205 of 1989 is directed against the order of the Sales Tax Appellate Tribunal dated July 19, 1989 in T.A. No. 487 of 1986. 2. Mr. Murthy, learned counsel for the petitioners, raised two contentions, viz., (i) the proceeding was initiated for reopening the assessment under section 14-B of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act') and as that section was introduced in 1985, the reassessment proceedings and the consequential penalty proceedings are wholly illegal; and (ii) even if the assessment is taken under section 14(4) of the Act, then there was no new material for the Deputy Commissioner to reopen...
Navabharat Agrl. and Commercial Corporation Vs. Commissioner of Commer ...
Court: Andhra Pradesh
Decided on: Jul-06-1994
Reported in: [1995]97STC435(AP)
Syed Shah Mohammed Quadri, J.1. This special appeal is preferred under section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). The assessee-appellant challenges the validity of the order of the Commissioner of Commercial Taxes dated December 5, 1985, in Ref. No. Liii(1)/4205/81. The proceedings relate to assessment year 1976-77. The appellant-assessee is a dealer in tractors and tractor parts and does its business at Vijayawada. On June 30, 1978, while assessing turnover of the assessment year 1976-77, the assessing authority exempted the turnover of Rs. 10,00,393 relating to sales of tractors and tractor parts. Granting of exemption was based on a judgment of Sales Tax Appellate Tribunal dated June 7, 1973, in T.A. No. 573 of 1971. However, on September 13, 1979, the Tribunal took a different view in T.A. No. 47 of 1978. The consequence of that view being that the exemption could not have been availed by the assessee. The assessing authority after due no...
Indian Airlines Technical Assistants Union, Hyderabad Vs. the Chairman ...
Court: Andhra Pradesh
Decided on: Jul-05-1994
Reported in: 1994(2)ALT509; (1995)ILLJ578AP
ORDER1. This petition seeks a writ of Mandamus to direct the respondent to recognise the petitioner-union and to negotiate with it with regard to the conditions of service of its members. 2. The petitioner-Union was registered under the Trade Unions Act on 7-10-1992. It consisted of a category of workmen, known as Technical Assistants and its object was to seek betterment of its members with regard to their service conditions. It is stated that there were certain matters relating to their service conditions which were in dispute between the employees and the management and when several representations were made, the management turned a blind eye to them. The main averment in the petition is that the respondents were negotiating with Air Corporation Employees Union which was a majority union and since the petitioner was not satisfied with the efforts of that union, a separate recognition of the petitioner-union was required. Subsequently, by Ordinance No. 4 of 1994, the respondent-under...
S. Sammaiah and ors. Vs. the A.P. State Electricity Board, Rep. by Its ...
Court: Andhra Pradesh
Decided on: Jul-04-1994
Reported in: 1994(2)ALT729
ORDERP.L.N. Sarma, J.1. This matter has been placed before us on Office note as to the maintainability of the Letters Patent Appeal sought to be filed by the appellants.2. The relevant facts are as follows: Appellants filed Writ Petition No. 16523 of 1991 under Article 226 of the Constitution of India seeking a direction to the respondents to implement the settlement arrived at dated 26-10-1991 entered into by the respondents with the Union under Section 12(3) of the Industrial Disputes Act before the Officer - cum - Assistant Commissioner of Labour, Warangal. The said writ petition was disposed of by a learned single Judge of this Court on 20-4-1992 in the following terms:'In view of the above, there will be a direction that the respondents,shall consider the claims of the petitioners for appointment as Helpers in terms of the Settlement dated 26-10-1991 which the respondents had entered into with the Trade Union representing the petitioners. I make it absolutely clear that I am not p...
Dr. B. Sudhakar Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Jul-01-1994
Reported in: AIR1995AP86; 1994(3)ALT1
ORDERMohammed Quadri, J.1. Doubting the correctness of the judgments in Dr. Fazal Ghafoor v. Principal, Osmania Medical College, Hyderabad, (1988) 2 Andh LT 227, Dr. K. Ashok Kumar v. University of Health Sciences, (1988) 2 Andh Pra LT 463 and B. Ramesh v. University of Health Sciences, Vijayawada, : AIR1991AP1 on the question of interpretation of paragraph 5 of the Andhra Pradesh Educational. Institutions (Regulstion of Admission) Order, 1974 (for short 'the Presidential Order') our learned brother S. Parvatha Rao, J., referred the Writ Petition to a Division Bench for reconsideration of the decisions in the said cases by his Order dated February 23, 1994. On March 4, 1994, the Division Bench consisting of our learned brother A. Lakshmana Rao and S. Dasaradha Rama Reddy, JJ., agreed withthe view expressed by the learned single Judge and referred the Writ Petition for consideration by a Full Bench and thus this Writ Petition has come up before us.2. The University of Health Sciences an...
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