Andhra Pradesh Court November 1996 Judgments
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M/S. Rayalaseema Roller Flour Mills (P) Ltd. Vs. Senior Regional Manag ...
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: AIR1997AP81
ORDER1. The petitioner is a Roller Flour Mill and has questioned the action of the respondent-Food Corporation of India in not allotting wheat to the petitioner for the month of September, 1996 as illegal and arbitrary and sought a direction' for allotment and release of wheat on par with other allottees.2. The petitioner had earlier filed a Writ Petition No. 19955 of 1996 which was disposed of at admission stage by a learned single Judge of this Court with the observation that the application of the petitioner willbe considered on its merits on par with other applicants in the light of the statement made by the Standing Counsel for the Corporation.3. The grievance of the petitioner is that on the very day on which the orders were passed by this Court, a list was displaced on the notice board of the 1st respondent's office and the petitioner's name was not found among the persons who had been allotted wheat.4. A counter-affidavit has been filed on behalf Df the respondents '1 and 2 and...
M/S. Maheshwari Engineering Enterprises Vs. Andhra Pradesh Electricity ...
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: AIR1997AP248; 1996(4)ALT891
ORDERS. Parvatha Rao, J. 1. The petitioner is a proprietary concern of one Sri Gopi Kishan Baheti. He questions order No. SE/ O/H/DPE/A2-3074/1015-81 dated 21-1-1981 of the 3rd respondent i.e., Superintending Engineer (Operation), Andhra Pradesh State Electricity Board, City Circle at Hyderabad as confirmed by the proceedings of the 2nd respondent i.e., Chief Engineer/ Electricity, Andhra Pradesh State Electricity Board, Western Zone at Hyderabad dated 30-7-1988, assessing the value of the energy 'misused' by the alleged malpractice of the petitioner at Rs. 2,264.80 ps.2. The undisputed facts are that the petitioner was availing supply of electrical energy from the 1st respondent i.e., Andhra Pradesh State Electricity Board ('the Board' for short) under account number A2-3074 under Category III. The load sanctioned originally was 14 H.P. By application dated 1/4-12-1974, the petitioner applied for additional load of 14 H.P. i.e., for a total load of 28 H.P. under the said connection. B...
The Saraswathi Nagar Residents Welfare Society, Rep. by Its Secretary, ...
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: 1997(1)ALT55
ORDERB.K. Somasekhara, J.1. This is the second round of litigation in the form of the revision petition as against the impugned order of the learned Principal District Munsif Nizamabad in I.A.No. 531 of 1996 in O.S.No. 122 of 1994 dated 21-8-1996. the application of the petitioner under Order 1 Rule 8(3) CPC to come on record as the defendant in a representative capacity has been rejected by the learned Munsif. Before that, the petitioner herein made I.A.No. 1406 of 1995 under Order 1 Rule 10 CPC to be impleaded as a defendant and that was dismissed on 14-2-1996 and when it was challenged before this Court, this Court dismissed the revision petition with the following observations.'In the nature of the allegations made in I.A.No. 1406 of 1995, perhaps the question was whether the petitioner could be an organisation or a group of persons or numerous persons having the same interest in the same suit in regard to the subject matter of the suit or the relief claimed therein so that it coul...
R. Sriramulu and ors. Vs. the Govt. of A.P. Rep. by Its Secretary to G ...
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: 1997(1)ALT178
ORDERM.H.S. Ansari, J.1. Heard Sri M.V. Ramana Reddy, learned Senior Counsel for the petitioners and Sri S. Ramachander Rao, learned Senior Counsel for Respondents 2 to 4, none having appeared for Respondent No. 1.2. The petitioners 3 in number are practising Advocates of standing and were appointed as Standing Counsel to the Religious Charitable Institutions and Endowments by the 1st respondent herein in its Order in G.O.Rt.No. 429, dated 31-10-1994 for a period of three years. The petitioner No. 1 was appointed for the said institutions in Andhra Area, 2nd Petitioner for Telangana area and 3rd petitioner for the Rayalseema Area. The term of the petitioners would expire on 31-10-1997 on completion of three years. However, by G.O.Rt. No. 763, Law.(A) Department, dated 28-10-1996, Respondents 2 to 4 have been appointed in the place of the petitioners as Standing Counsel for the said Institutions in the respective three regional areas of the State. The petitioners by virtue of the said o...
Pallava Granites Industries India (P) Ltd. Vs. Government of A.P. Rep. ...
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: 1996(4)ALT706
M.N. Rao, J.1. Writ Appeal No. 1191 of 1996 is from the judgment of our learned brother M.H.S. Ansari, J., dismissing the writ petition filed by the appellant - M/s. Pallava Granites Industries India (P) Ltd. - seeking a mandamus to the State Government, the Director and the Assistant Director of Mines and Geology to extend the period of lease from 6-7-1996 to 4-1-2010 inits favour and permit it to carry on quarry operations in the land covered by Survey Nos. 105/1, 105/2, and 105/3 ad measuring Ac.4.32 cents, Ac.1.52 cents and Ac.4.49 cents respectively situate in R.L. Puram village, Cheemakurthy Mandal, Frakasham District and consequently issue despatch permits for transportation of the quarried black granite and also restrain the surface owners (pattedars) - respondents 4 to 7 - from interfering with the quarrying operations in respect of the above land. The learned judge was of the view that the relief sought by the appellant was barred by the principle of res judicata because of t...
Sri Nagarjuna Sagar Industrial Engineering Complex Rep. by B. Phaniraj ...
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: 1996(4)ALT723
ORDERS.R. Nayak, J.1. The petitioner claiming to be a Class I contractor has filed this writ petition praying for a writ in the nature of mandamus declaring the action of the respondents in reserving the Tender No. 29/96-97 dt. 10-10-1996 for excavating the earth from 4 K.M. to 5th K.M. Taliperu project left canal, Khammam District in favour of the members of the S.Cs., S.Ts., and Waddera Labour Contract Co-operative Societies and refusing to give the tender form, and refusing to receive 5 the same as arbitrary, illegal, and to set aside clause (7) of the notification to the extent it provides that S.Cs., S.Ts. and Waddera Labour Contract Co-operative Societies are only entitled to submit the tenders in respect of the work. In response to notice re-rule, the second respondent has filed a counter resisting the claim of the petitioner.2. Heard the learned counsel for the petitioner and the learned Government Pleader for Irrigation.3. The learned Counsel for the petitioner would strenuous...
Kommuru Bhaskararao and anr. Vs. Aremanda Sivanagendramma
Court: Andhra Pradesh
Decided on: Nov-11-1996
Reported in: 1996(4)ALT915
ORDERD.H. Nasir, J.1. This revision is directed against the order of the learned Subordinate Judge, Tenali, passed in IA.No.303 of 1992 in O.S.No. 176 of 1989 on 11-8-93.2. The plaintiff-respondent made an application under Order 34 Rules 4 and 5 of C.P.C. to pass a final decree for sale of the schedule mortgaged property in terms of the preliminary decree passed in the suit on 30-9-91 in his favour and against the defendant No. 1 for a sum of Rs. 87,923-50 ps. with interest on the principal sum of Rs. 40,000/- as stipulated in the preliminary decree. The Court granted six months time for redemption, but according to the plaintiff no amount was paid, and therefore, it became necessary for him to make the aforesaid application.3. The respondent Nos. 4 and 5 petitioners herein filed separate counters and contested the petition for final decree. Respondent No. 4 claimed that he had succeeded to the schedule property which belonged to the joint family of himself and his father, and alleged...
C. Vidyalankar and ors. Vs. Government of A.P. Rep. by Its Secretary, ...
Court: Andhra Pradesh
Decided on: Nov-08-1996
Reported in: 1997(2)ALT219
ORDERC.V.N. Sastri, J.1. The short question which falls for determination in this writ petition is whether the petitioners, who are Physical Directors working in private aided Junior Colleges, are entitled to the same scale of pay on par with Junior Lecturers which is allowed to their counterparts in Government junior colleges.2. It is the claim of the petitioners that the Physical Directors working in Government Junior Colleges are paid the scale of pay of Rs. 1550-3050 on par with Junior Lecturers whereas the said scale of pay is not extended to them and the denial of the said scale of pay to them is discriminatory and violative of Articles 14 and 16 of the Constitution.3. The claim of the petitioners is resisted by the respondents by taking the stand that the said scale of pay of Rs. 1550-3050 is allowable only to the Physical Directors who possess the qualifications prescribed in G.O.Ms. No. 159 Education (CD1-2) Department, dated 22-4-1991 as subsequently amended through G.O.Ms.No...
The Director, Central Council for Research in Unani Medicine and anr. ...
Court: Andhra Pradesh
Decided on: Nov-08-1996
Reported in: 1997(1)ALT387
S.V. Maruthi, J.1. This writ appeal is preferred by the Director, Central Council for Research in Unani Medicine and Deputy Director In-charge, against the judgment of the learned single Judge directing them to give the benefit of office memorandum dated 13-9-1991 with effect from 1-4-1991 to the second respondent. As far as the first respondent is concerned, the learned Judge thought it not necessary to give any relief in view of the judgment in Writ Petition No. 1501/1994 allowing the claim of the first respondent to be promoted as Radiographer.2. The first respondent was working as Dark room Assistant and the second respondent was working as security in-charge-cum-care taker in the appellants' organisation since 1974. The posts held by them were upgraded and they were granted scales of pay in the upgraded posts. However, by an office order dated 22-9-1993, the orders of upgradation were cancelled. Aggrieved by the cancellation of the upgradation, both the respondents filed Writ Peti...
D. Satyanarayana and ors. Vs. Secretary to Government, Legislature Dep ...
Court: Andhra Pradesh
Decided on: Nov-08-1996
Reported in: 1997(1)ALT374
ORDERSaadatulla Hussaini, J.1. This Writ Appeal is preferred assailing the Judgment of the learned Single Judge rendered in W.P. No. 3603 of 1982, dated 17-9-1986 as illegal and not sustainable in law.2. The Appellants' Counsel submits that the appellants who were working as Typists in the Ist respondent-A.P. Legislature Secretariat have challenged the office orders issued by the Ist Respondent dated 17-9-1979 and 11-11-1981 regularising the services of respondents 2 to 8 and sought for a direction to effect promotions to the post of Assistants (redesignated as Assistant Section Officers) after preparing a common seniority list of Typists and Assistants.3. It is submitted that pursuant to passing the examination conducted by the A.P. Public Service Commission in December, 1976, the appellants were appointed as Typists on different dates in August, 1978 under Category V of the A.P. Legislature Secretariat Service Rules (hereinafter referred to as 'Rules'). They have completed probation ...
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