Andhra Pradesh Court September 1995 Judgments
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G. Sriramamurthy Vs. Majji Narasaiah (Tenant) and anr.
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: 1995(3)ALT615
ORDERY. Bhaskar Rao, J.1. This writ petition is filed to quash the order of the District Judge-cumAppellate Tribunal under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 and the Rules at Srikakulam in I.A. No. 36 of 1989 in A.T.A. No. 4 of 1989.2. The facts of the case are that the petitioner is the land-lord and the first respondent is the tenant. The petitioner filed A.T.C. No. 14 of 1983 for eviction of the first respondent from the petition schedule lands before the Special Officer. The Special Officer allowed the petition directing eviction of the first respondent giving two months time and on 12-4-1989 the possession was delivered to the petitioner. The first respondent filed appeal along with a petition to condone the delay of three days in filing the appeal before the second respondent. The petitioner raised objection as to the maintainability of the petition under Section 5 of the Limitation Act. The second respondent-District Judge holding that the appellate authority und...
Adapa Santharam, Petitioners and Other Etc. Vs. Sait Nathmal Manik Cha ...
Court: Andhra Pradesh
Decided on: Sep-11-1995
Reported in: AIR1996AP149; 1995(3)ALT853
ORDER1. In all these three Revision Petitions common question of facts and law arises and hence, 1 am disposing of the same by this common judgment. I refer to the ranking of the parties as arrayed in the trial Court.2. The proceedings arise under the A.P. Building (Lease, Rent and Eviction) Control Act, 1960. (Hereinafter referred to as the Act). The petitioners in C.R.P. No. 520 of 1992 are the original tenants. They have challenged the order of eviction passed against them on the ground of default in paying arrears of rent in R.C.C. No. 80 of 1983 on the file of the Rent Controller (Principal District Munsiff), Rajahmundry, dated 15th October, 1990; before the lower appellate authority i.e., sub-Judge, Rajahmundry in R.C.A. No. 20 of 1990. To this R.C.A. No. 20 of 1990, the landlord had filed cross-objections challenging the order of the Rent Controller in refusing eviction on the ground of alternative accommodation secured by the tenants. The lower appellate Court dismissed R.C.A. ...
The Depot Manager, Apsrtc Vs. P. Gangarajulu and anr.
Court: Andhra Pradesh
Decided on: Sep-11-1995
Reported in: 1996(1)ALT322
B. Sudershan Reddy, J. 1. The 1st respondent herein filed the writ petition questioning the correctness and legality of the Award made by the 2nd respondent herein i.e., Labour Court, Ananthapur dated 4-6-1988 in I.D. No. 300 of 1987. The 1st respondent was served with the charge sheet for the following charges at the time when he was working as Conductor in the appellant-Corporation: '1. For having assaulted the Chief Inspector of Cuddapah Depot on 3-6-84 at 11-30hrs., in his office while discharging his legitimate duties which constitutes misconduct under Reg. 28(xi) of APSRTC Employees Conduct Reg. 1963; 2. For having unruly be have with the Chief Inspector, Cuddapah Depot on 3-6-84 at 11-30 hrs., in his office while discharging his legitimate duties which constitutes serious misconduct under Reg. 28(xxi) of APSRTC Employees Conduct Reg. 1963; 3. For having uttered filthy language against the Chief Inspector, Cuddapah Depot by entering into his office on 3-6-84 at 11-30 Hrs. While...
A.P. State Agro Industries Development Corporation Limited Rep. by Its ...
Court: Andhra Pradesh
Decided on: Sep-11-1995
Reported in: 1996(1)ALT639
ORDERS. Dasaradha Rama Reddy, J. 1. The respondent filed O.S. No. 18 of 1991 in the Court of Vacation Civil Judge, Guntur, against the petitioner and obtained ex parte ad interim injunction in I.A. No. 202 of 1991 on 14-5-1991 restraining the petitioner from encashing back guarantee for Rs. 1,00,000/-. When the Courts reopened after summer vacation, the suit was renumbered as O.S. No. 96 of 1991 and taken on the file of Sub-Judge, Narsaraopet who vacated the interim injunction on 25-9-1991 in LA. No. 712 of 1991 which was the number allotted on restoration to the normal Court. Against this order, the respondent filed C.M.A. No. 55 of 1991 in the Court of III Additional District Judge, Guntur. The learned District Judge allowed the CM. A., taking the view that the Sub-Judge cannot it in appeal over the judgment of superior Officer viz., the District Judge who was the Vacation Judge and that accordingly the order of Sub-Judge is without jurisdiction. Allowing the appeal, the learned Dist...
Velagapudi Venkateswara Rao Vs. the District Collector and Election Au ...
Court: Andhra Pradesh
Decided on: Sep-07-1995
Reported in: 1995(3)ALT148
ORDERMotilal B. Naik, J.1. The petitioner, who is a contesting candidate for the post of President to the Primary Agricultural Co-operative Credit Society, Kondagatlamallela, Vemsoor Mandal, Khammam district, filed this writ petition seeking a direction to quash the entire election process pertaining to the election of President of the said Co-operative Society, which was completed on 30-7-1995.2. The case of the petitioner is that the election to the Managing Committee as well as to the office of the President was scheduled to be held by 30-7-1995. Third respondent, having been appointed as Election Officer, issued notification on 15-7-1995. The territorial jurisdiction of the area of operation was divided into twelve constituencies, each constituency being allotted roughly 419 votes. The date of nomination was 20-7-1995 and the polling was directed on 30-7-1995, if there was contest. It is alleged that polling for the office of the President, scheduled on30-7-1995, was completed by 2...
M. Sambasiva Rao Vs. K. Rama Rao Hereditary Trustee and Chairman of th ...
Court: Andhra Pradesh
Decided on: Sep-07-1995
Reported in: 1995(3)ALT656
ORDERP.S. Mishra, C.J.1. Heard.2. This appeal has been preferred, in our opinion, by a busy body, who, in the language of the Supreme Court, is a meddlesome interloper, and has brought some sort of allegations to the notice of the State Government and the State Government has chosen to act upon his representation without any semblance of verification of the allegations and without following any known procedure of law. The allegations of abuse of the position of the hereditary trustee including misappropriation of the income of the charitable trust concerned were treated so casually that without caring who would act in place of the hereditary trustee, the Government ordered for his suspension. Learned single Judge has, though for other reasons, rightly held that the Government has acted without jurisdiction (prima facie, for suspending the Government's order).3. In the instant case, in our opinion, it will be fair if the hereditary trustee is asked to clarify his position and explain to...
Sanagala Yagna Sree Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-06-1995
Reported in: 1996(1)ALD328; 1996(1)ALD(Cri)892; 1996(1)ALT(Cri)200; 1996(1)APLJ121; 1996CriLJ1249; II(1996)DMC162; 1996(1)LS120
1. The conviction of the appellant-accused for an offence punishable under Section 306 I.P.C., for which sentence of 8 years R.I., and fine of Rs. 5,000.00 was imposed and for an offence punishable under Section 498-A I.P.C., for which sentence of 3 years R.I. and fine of Rs. 2,000.00 was imposed. 2. The prosecution is founded on the dying declaration of Bhagya Lakshmi who was the wife of the accused. In that declaration recorded by the Magistrate PW-4 on 12-5-1990 at 12.20 p.m. she said that she was married to the accused for the past 2 years and was blessed with a son, she was of six months pregnancy, her husband has worked as Medical Representative at Visakhapatnam in Torrent Company, Later joined Apex Company at Rajhamundry and thereafter they came to Rajahmundry in March of previous year, he used to bring to their house one woman by name Sridevi who was teaching tailoring and when she objected, he used to beat her and on the previous day at about 7 O'clock he beat her with a belt ...
B. Narasimha Reddy and anr. Vs. Revenue Divisional Officer (L.A.O.)
Court: Andhra Pradesh
Decided on: Sep-06-1995
Reported in: 1996(1)ALT356
P. Venkatarama Reddi, J. 1. This Letters Patent Appeal is preferred against the judgment in Appeal No. 347/84 filed by the respondent herein under Section 54 of the Land Acquisition Act questioning the award made by the learned Subordinate Judge, Nalgonda, in O.P. 31/82 on a reference under Section 18 of the act. 2. An extent of Ac. 6-00 of land belonging to the appellants in Survey No. 493 situate at Nakrekal village, Nalgonda district was acquired under the provisions of the Land Acquisition Act for the purpose of providing house-sites to poor. The notification under Section 4(1) of the Act was published in the Nalgonda District Gazette on 25-10-1977. The Land Acquisition Officer passed the award on 26-8-1981 fixing the compensation at the rate of Rs. 2,000/- per acre. The appellants protested and sought reference to the civil court. Appellants claimed compensation to be awarded at the rate of Rs. 30/- per sq. yard. Two agreements of sale and two registered sale-deeds were relied upo...
Alagara Venkaiah and ors. Vs. Suri Prakasam and ors.
Court: Andhra Pradesh
Decided on: Sep-06-1995
Reported in: 1996(2)ALT245
ORDERP.S. Mishra, C.J.1. Land belongs to the Government it is not in dispute was leased to the Sri Venkateswara Salt Workers Co-operative Society. Society, it is alleged, however, became defunct and some persons claimed possession through the society and benefited themselves individually by the raising salt in the land. The local authority, impressed by the said fact, rescinded the lease of the land which was in favour of the society and granted lease for the same 33 persons selected by the Industries Department of the Government of the State. Appeal before the Government, however, restored the lease in favour of the society. In a writ petition in which the Government order has been challenged, however, the Court has ordered for an enquiry and until it is decided one way or the other by the Government, as to the actual state of facts, to maintain status quo.2. Having considered the matter in all aspects, we are of the opinion that only on the basis of the dispute as to facts it may not...
B. Govinda Reddy Vs. the Andhra Pradesh State Irrigation Development C ...
Court: Andhra Pradesh
Decided on: Sep-06-1995
Reported in: 1996(1)ALT803
ORDERLingaraja Rath, J. 1. The rejection of the appellant's representation on 20-4-1990 negativing his claim for promotion as Deputy Executive Engineer with effect from 2-8-1981 led him to file W.P.No. 8824/1990 which having been dismissed, this appeal has been preferred. The facts relating to the case appear in the Judgment under appeal, but for convenience of reference the bare details may be stated. The appellant had originally been recruited on 30th October, 1968 in the State Agro Industries Corporation where his services were regularised on 1-7-1969 and thereafter he was sent along with some others on 25-3-1977, which the appellant says was on a functional basis, to the respondent Corporation. While continuing there, the Agro Industries Corporation found it not necessary to continue the drilling operations and the establishment relating to that and as the appellant and persons like him faced retrenchment because of the winding up of the establishment that was to take place, gave t...
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