Andhra Pradesh Court October 1998 Judgments
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Pinjari HussaIn Sab Alias Hussainappa and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Oct-28-1998
Reported in: 1998(2)ALD(Cri)815; 1999(1)ALT(Cri)137; 1999CriLJ811
ORDERK.B. Siddappa, J.1. This revision case is filed against the order passed in Crl. M.P. No. 1276/96 in STC. No. 3/94 on file of Special Judge for Essential Commodities Act case-cum-Sessions Judge, Anantapur.2. The facts of the case are as follows : The Inspector of Police, Vigilance Cell, Anantapur laid charge-sheet against the accused alleging that on the morning of 1-6-1993 at 7 A.M. lorry bearing MYT 6395 was proceeding with a load from Bollanaguddam towards Bellary. When the lorry was checked it contained 100 bags of paddy Tella Hamsa variety, each bag weighing 75 kgs. The said bags were transported without any valid transport permit. Entire goods were seized. A-1 is the owner of the lorry. A-2 is the brother of A-1. A-3 is the driver of the lorry. After investigation, charge-sheet is laid for contravening Clause 3 of Andhra Pradesh Paddy (Restriction on movement) Order, 1987 and Clause 3 of Andhra Pradesh Scheduled Commodities Dealers (Licencing and Distribution) Order, 1982 pu...
Gujula Ramu Vs. the State
Court: Andhra Pradesh
Decided on: Oct-28-1998
Reported in: 1999CriLJ982
Vaman Rao, J.1. This appeal is directed against the judgment of Special Judge for the cases under Narcotic Drugs and Psychotropic Substances Act, Vijayawada in S.C. No. 13/1993. convicting the accused for the offence under Section 8(c) r/w Section 18 of N.D.P.S. Act.2. The facts leading to this appeal as brought out by the prosecution may be stated briefly as follows :- On 8-7-1992 at about 8-30 p.m. the Excise Patrolling party consisting of Assistant Superintendent PW-2, Circle Inspector PW-3, Sub-Inspector PW-4 and another Sub-Inspector PW-7 while on patrolling duty near Vijayawada Railway Station found the accused coming from the station side and proceeding towards 'Musafirkhana'. On suspicion, they stopped the accused and searched his belongings including the bag M.O. 2 which the accused was carrying. They recovered 200 grams of opium from his bag M.O. 2. When questioned, the accused was unable to produce any licence or permit for possession or carrying the said opium. Immediately,...
N.P. Subrahmanyam Vs. Managing Director, Apsrtc, Musheerabad, Hyderaba ...
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1999(1)ALD208; 1998(6)ALT824
ORDER1. These two writ petitions can be disposed of by a common order, since the facts are similar and the question for decision is also one and the same.2. The petitioner in WP No. 12595 of 1998 was appointed as a casual conductor on daily wage basis on 3-4-1984 and his services were subsequently regularised with effect from 21-3-1986. Likewise, the petitioners in WP No.12656 of 1998 were also appointed as a casual conductors on 19-12-1983 and their services were regularised with effect from 6-4-1985. After a lapse of more than 12 years, the petitioners have filed the present writ petitions contending that they have to be regularised with effect from the respective dates of their initial appointments. The inspiration to file the present writ petitions appears to have come from the judgments rendered by this Court in case of some other employees of the Corporation, wherein it was held that regularisation has to be made with effect from the date of initial appointment but not with effec...
Neelam Madhusudhan Rao and Another Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1998(6)ALD434; 1998(2)ALD(Cri)953; 1998(2)ALT(Cri)531
1. The decision of the Government of Andhra Pradesh in according permission for withdrawal of prosecution in Crime No.1 of 1997 of Police Station, Draksharamam registered against Thota Trimurthulu, MLA and instructing the Public Prosecutor attached to the Court concerned for filing a fresh petition under Section 321 of the Criminal Procedure Code, 1973 is challenged in this writ petition. The petitioners pray for issuance of an appropriate writ particularly one in the nature of Mandamus declaring the said action of the respondent-Government as illegal, arbitrary and violative of principles of natural justice. The petitioners also pray for setting aside the said decision of the Government in G.O. Rt. No. 1796 Home (Policc.F) Department, dated 22-8-1998.2. The Inspector of Police, Ramachandrapuram has registered a case in Crime No. 1 of 1997 under Sections 342, 324, 506 read with 34 IPC and Section 3(iii) and (x) of the Scheduled Castes and Scheduled Tribes ( Prevention and Detention) Ac...
Zafu Javeed Vs. V. Narasimha Reddy and Others
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1998(6)ALD663; 1998(6)ALT608
1. This CCCA is filed against the order passed by the learned SecondAdditional Chief Judge, City Civil Court. Hyderabad, in EA No. 14 of 1995 in EP No. 20 of 1991 in OS No.29 of 1965 dated 8th July, 1998.2. The appellant is the petitioner-third party before the lower Court. He filed an application before the Court below under Order 21, Rule 97 read with Section 151 of CPC to enquire into the objections raised with regard to the right, title and interest and also the executability of the decree against the properties situate in S No. 129/51 and 52 belonging to the petitioner. Though the case had a long history only the relevant events and particulars which arc necessary for disposal of the appeal are referred to in this order.3. The suit in OS No.29 of 1965 was filed by one Mr. V. Radha Krishna Sastry against seven defendants seeking decree for specific performance of agreement of sale dated 29-12-1963 and for possession of the suit schedule property viz., Ac. 12-09 gts, being the weste...
Konda Lakshmana Bapuji Vs. Government of Ap, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1998(6)ALD644; 1998(6)ALT277
ORDERUmesh Chandra Banerjee, CJ 1. Since the decision of the Supreme Court in the case of Syed Yakub v. K.S. Radhakrishnan, : [1964]5SCR64 , the law is well settled pertaining to the assumption of jurisdiction by the writ Court. The Supreme Court in no uncertain terms held that a writ can be issued where, in exercise of the jurisdiction conferred on it, the lower Court or the tribunal gives a decision illegally or improperly, as for example, violation of the principles of natural justice. The Supreme Court also laid down:'There is however no doubt that the jurisdiction to issue a writ of certiorari is a supervisory jurisdiction and the Court exercising it is not entitled to act as an appellate Court which necessarily means that findings of fact by inferior Court or tribunal as a result of an appreciation of evidence cannot be reopened or questioned in any writ proceeding. An error of law which is apparent on the face of record can be an error of fact, however, grave it may appear to be...
N. Suryanarayana Vs. Booreddi China Venkataramana, Camp Clerk, Office ...
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: I(1999)ACC56; 1998(6)ALD627; 1998(6)ALT473
1. This Appeal is filed against the award dated 6-9-1996 in M.O.P. No.345 of 1992 passed by the Motor Accidents Claims Tribunal-cum-III Addl. District Judge, Visakhapatnam. The Appellant herein is the 1st respondent in the said O.P. The petitioners herein referred to as they are arrayed in the OP. The claim was laid by the employee working as Camp Clerk in the office of the Superintendent of Police (Rural), Visakhapatnam.2. The facts leading to the case are that the 1st respondent was working as Deputy Superintendent of Police, Chintapalli, whilethe claimant was working as Camp Clerk. On 18-2-1990 the Claimant, the 1st respondent along with two gunmen and one orderly were proceeding in a Departmental jeep bearing registration No.AHV 5158 from Chintapalli to Visakhapatnam to attend an official meeting at Visakhapatnam. While so, after driving for some time, the 1st respondent took the steering from the driver and started driving the jeep. It was drizzling at about 4-30 p.m. The 1st resp...
V.V. Raghava Reddy Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1998(6)ALD512; 1998(6)ALT531
ORDER1. The writ petition is essentially filed for challenging the trifurcation of Gram Panchayat, Komarolu, Prakasam District. The said Gram Panchayat consisted of seven hamlets of Komarolu village. The seven hamlets were; (i) Gopaluripalle; (ii) Bhavapuram; (in) Purushottampalle; (iv) Sarivireddypalle; (v) Tatireddypalle; (vi) Bontipalle and (vii) Hanumantharayudupalle. The petitioner was formerly Sarpanch of the said Gram Panchayat continuously from 1973 to 1995 and was later as Person-incharge of the said Gram Panchayat. Subsequently he was elected as member of the Zilla Parishad Territorial Constituency and hence demitted Office of Sarpanch/person-incharge of Komarolu Gram Panchayat. The second respondent (Collector) issued a notification vide proceedings in ROC No.4177/94, dated 13-10-1994 with a proposal of trifurcation of Komarolu of Gram Panchayat into (1) Komarolu (2) Bhavapuram and (3) Tatireddipalle Gram Panchayats and called upon the undivided Komarolu Gram Panchayat to co...
Y. Srinivasulu Reddy Vs. Tirumala Tirupathi Devasthanam, Tirupathi, Ch ...
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1998(6)ALD788; 1998(6)ALT826
ORDER1. This is another case brought before the Court to show the administration of the Tirumala Tirupathi Devasthanams (TTD) violate not only the law but also flout the writs issued by this Court. The subject matter of this writ petition pertains to the parting of the right of collecting garbage from all the areas of Tirumala township to the dumping yard. Sri B. Adinarayana Raju, learned Standing Counsel for the TTD submitted that the term of earlier contract came to an end in the month of March, 1998. Thereafterwards, a notification was issued in the local news paper 'Andhra Jyothi' daily on 26-3-1998 callingfor the applications from the eligible persons for awarding the contract of collection of garbage from all the areas of Tirumala township, and the last date for receipt of the tenders was fixed on 10-4-1998. Ten contractors including the petitioner herein participated in the tender proceeding. The tenders were opened on 10-4-1998 at 3-30 p.m. One Mr. M. Subba Reddy quoted the rat...
P. Lingamurthy Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-27-1998
Reported in: 1998(6)ALD784
ORDER1. The petitioner is serving as Deputy Manager in the Production Centre in the establishment of the second respondent-Society for Training & Employment Programme in the Twin Cities (SETWIN). The petitioner was placed under suspension by the proceedings of the Managing Director of the SETWIN dated 13-3-1996 under Rule 23(iv) of the SETWIN Employees Conduct, Discipline and Appeal Rules, 1983, for short 'the CCA Rules' pending further investigation and enquiry against the petitioner. This order was issued by the Managing Director in pursuance of the order of the Government, G.O. Rt. No.218, Industries and Commerce (SES) Department dated 12-3-1996directing the management of SETWIN to place the petitioner and four others under suspension pending enquiry. The Government, further, by the impugned proceeding, G.O. Rt. No.235, Youth Advancement Tourism and Culture (Ses) Department dated 18-6-1998 continued the suspension of the petitioner beyond 12-3-1998.2. No charges are yet framed again...
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