Andhra Pradesh Court July 1998 Judgments
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Bheeravolu Madan Mohan Reddy Vs. Sub-divisional Magistrate and Revenue ...
Court: Andhra Pradesh
Decided on: Jul-10-1998
Reported in: 1998(4)ALD608; 1998(2)ALD(Cri)186; 1998(2)ALT(Cri)283; 1999CriLJ744
ORDERA. Hanumanthu, J. 1. This petition has been filed under Section 482 Cr.P.C. to call for the records relating to the proceedings in RC.No.E/2359/96 dated 28-6-1996 initiated under Section 145 Cr.P.C. by the first respondent i.e. Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Paloncha, Khammam District and to quash the same.2. The impugned proceedings relate to the possession of the lands in survey numbers 454/23/72/1, 454/23/72/3, 454/23/73/1, 454/ 23/73/3 total extent nearly Acs.30.00 situate at Gandugulapalli, hamlet of Nagupalli of Dammapeta Mandal, Khammam District, which is in tribal area. Under the impugned proceedings said to have been passed under sub-sections (1), (4), and (6) of Section 145 Cr.PC, the first respondent declared that 30 tribals mentioned in that order are in possession of the said lands and entitled to retain such possession until ousted by due course of law and forbid any disturbance of their possession in the meantime by the petitioner Madan Mo...
Andhra Pradesh Tobacco Growers Co-operative Ltd., Ongole Vs. Anjaneya ...
Court: Andhra Pradesh
Decided on: Jul-09-1998
Reported in: 1998(5)ALD188; 1998(5)ALT331
1. Plaintiff is the appellant, who filed the suit against the respondents for recovery of a sum of Rs.4,51,161/- with subsequent interest and costs.2. Plaintiff is a Company established for purpose of purchasing tobacco from the growers and selling the same to buyers. With a view to disposing of the stocks of tobacco that was purchased by the plaintiff from the ryots during the year 1985, plaintiff-Company has called for tenders from the tradesmen for the sale of BFC High Grade 1984 tobacco of 6.27 lakh kgs. and the first defendant which is a registered firm became the highest bidder on 25-2-1985 and purchased the same at the rate of Rs. 10-10 ps. per kg. and in pursuance of the acceptance of the first defendant's tender, a stamped agreement was entered into between the plaintiff and the first defendant on 26-2-1985. According to the terms of the agreement, defendants have to lift the entire stock on or before 15-4-1985 by paying the amount in advance. Defendants have lifted only 3.52 ...
A.G. Satyanarayana and Others Vs. A.P. State Electricity Board and Oth ...
Court: Andhra Pradesh
Decided on: Jul-09-1998
Reported in: 1998(5)ALD95; 1998(5)ALT140
ORDER1. All these writ petitions are between the Andhra Pradesh State Electricity Board and its employees. Since the nature of controversy in all these writ petitions is in relation to the proceedings of the Board vide B.PO(P&G-Per.;) RT No.137, dated 5-8-1997 and further clarification vide proceedings dated 16-3-1998 in Memo No.BP(Estt)DM(P)/O&M-II;/332/94-3, issued to this proceedings, I think it appropriate to dispose of all these writ petitions by this common order.2. The petitioners in all these writ petitions were appointed as 'Helpers', redesignated as Assistant Linemen. It is not in dispute that the petitioners in all these writ petitions belong to one category by name 'Operation and Maintenance' (0 and M). It is also not in dispute that so far as this category is concerned, there are no statutory rules. It is further stated that the Board framed certain rules called 'Andhra Pradesh Electricity Department Operation Subordinate Service Rules' (hereinafter referred to as 'draft r...
B.S. Santha Kumari Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-09-1998
Reported in: 1998(6)ALD26
1. The writ petition and all the contempt cases revolve round to the issue of regularisation of the services of the petitioner as History Lecturer in DNR College and they can be disposed of by a common order.2. The proverb goes that one must have either a God-father or Gods-men for success in life. Here is a case of a poor Lecturer running from pillar to post for getting her services regularised as she does not have both. In view of the urgency involved in the matter by order dated 29-04-19971 pronounced the conclusions arrived at after hearing both the parties and observed that a detailed reasoning will be given for the conclusions arrived at by me after reopening of the Courts. I understand that the respondent-management carried the matter in appeal against those orders un-successfully in writ appeal No.614 of 1997. For various reasons final orders could not be pronounced all these months. Now I propose to give reasons in support of my order dated 29-4-1997.3. From the record availab...
C.A. Muthu Krishnan Vs. M. Rajyalakshmi and anr.
Court: Andhra Pradesh
Decided on: Jul-09-1998
Reported in: AIR1999AP311; 1998(4)ALT283
Vaman Rao, J.1. This is a strange revision petition wherein the grievance is made that the petitioner, who is suffering from serious cardiac problem, requires immediate operation and that he is unable to undergo operation for the reason that the authorities of the Medwin Hospital, Hyderabad, are insisting for the consent of his wife, with whom the relations are strained and proceedings for divorce are pending in O.P. No. 388 of 1996 on the file of Family Court at Secunderabad. It is so transpired that in an interlocutory application filed in the said O.P. No. 388 of 1996, the respondent-wife has filed her counter-affidavit, in which, she has expressed in unambiguous terms that she has no objection for the petitioner undergoing heart bypass surgery. This consent is deemed sufficient for the purpose of any formalities required to be complied at the hospital.2. We, therefore, hold that the petitioner is entitled to be operated upon for short heart bypass surgery deeming that there is a co...
G. Jyothi Rani and Others Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-08-1998
Reported in: 1998(5)ALD315; 1998(5)ALT52
ORDERP. Venkatarama Reddi, J. 1. There are about 3,300 petitioners in all these writ petitions hailing from different districts in the State. Most of the petitioners are those who applied for the posts of 'Special Teachers' pursuant to the advertisements issued by various Zilla Parishads in the year 1989. We are consciously using the word 'most' for the reason that there is a controversy whether Special Teachers posts were advertised at all in some of the districts. The petitioners seek a writ or order directing the respondents 'to appoint the petitioners as Teachers to available posts of Special Teachers based on their earlier eligibility - as per G.O. Ms. No.716, (Panchayat Raj Department) dated 13-11-1981'. Interim orders were sought for to appoint them as Teachers forthwith. Reliance is sought to be placed on the orders passed by this Court while granting interim orders and we shall advert to them a little later. It may be stated that the advertisements were not only in respect of ...
Bharat Metals, Chirala, Prakasam Dist. Vs. Special Assistant Commercia ...
Court: Andhra Pradesh
Decided on: Jul-06-1998
Reported in: 1998(4)ALD484; 1998(4)ALT171
ORDERMotilal B. Naik, J.1. Petitioner is a registered dealer engaged in the business of manufacture and sale of steel utensils, metal furniture etc. On 25-11-1991, the place of business of the petitioner was inspected by the respondents and found certain rough figures in a diary relating to reconciliation of accounts with the petitioner's supplier M/s. Aprey Enterprises, Hyderabad. The respondents also noticed payments of Rs.1,15,000/- (Rs.60,000/-+ Rs.55,000/-), Rs.30,289/- and Rs.5,000/-appearing in the diary against the dates 3-5-1991, 23-7-1991 and 7-9-1991.2. According to the petitioner, the respondents forced the Managing Partner of the petitioner-firm to give statement as if the purchases were made in the month of October, 1991 and payments made by the petitioner were unaccounted though made in the month of October, 1991 and the petitioner sold the resultant furniture made out of such purchases of iron and steel for Rs. 1,54,750/- and as first seller, he is liable to pay tax.3. ...
Sew Constructions Ltd. and anr. Vs. Superintending Engineer, Srbc Circ ...
Court: Andhra Pradesh
Decided on: Jul-06-1998
Reported in: 1998(4)ALD502; 1998(4)ALT533
1. In this writ petition under Article 226 of the Constitution of India, the petitioners seek issuance of writ of mandamus restraining the respondent Nos. I to 4 and 6 from awarding the contract to the 5th respondent in pursuance of bid No.NCB 1 of 1997-98, dated 14-10-1997.2. After obtaining loan from the International Bank for Reconstruction and Development (for short 'IBRD'J/Intemational Development Association (for short 'IDA') towards the coat of HI A.P. Irrigation Projects, the State of Andhra Pradesh has decided to apply part of the funds to the contract of work 'Earth work excavation, lining of canal and construction of structures on polur sub-branch and on polur major, Thogarchedu major and their minors and sub-minors in Block No.I of Sri Sailam Right Branch Canal (for short 'Block No.I of Sri Sailam Right Branch Canal'). The 1st petitioner/the 5th respondent and three others submitted their bids in answer to the invitation for submitting bids within the specified time, that i...
P. Dayaratnam Vs. Kodavalivaripalem Gram Panchayat, Parchur Mandal, Pr ...
Court: Andhra Pradesh
Decided on: Jul-06-1998
Reported in: 1998(4)ALD552; 1998(4)ALT591
ORDER1.The petitioner who is working as a Turn Cock and operating the Protected Water Supply Scheme of Kodavalivaripalem Gram Panchayat filed this writ petition to continue his services in that capacity and to pay the minimum time scale of pay attached to the post when he was sought to be replaced by another person. This Court by order dated 30-12-1996 directed the Gram Panchayat to continue the petitioner as Turn Cock until further orders.2. The facts leading to the filing of this case are the Protected Water Supply Scheme sanctioned to Kodavalivaripalem Gram Panchayat was launched in the year 1990 and pending creation of the post, the Gram Panchayat appointed the petitioner to operate the machines initially on daily wages thereafter on a consolidated pay of Rs. 500/- per month w.e.f. 15-10-1991. Thereafter, the Gram Panchayat was passing resolutions repeatedly seeking sanction of the post of Turn Cock and allow the Gram Panchayat to fill up the post on permanent basis and was sending...
B. Kistaiah Vs. Government of India and Others
Court: Andhra Pradesh
Decided on: Jul-06-1998
Reported in: 1998(5)ALD135; 1998(2)ALD(Cri)466; 1998(4)ALT738
ORDERB. Sudershan Reddy, J 1. Both these writ petitions can be disposed of by a common order, as common questions arise for consideration. This is a tell tale story of unscrupulous litigants abusing the judicial process. They were aided and abetted by vested interests. It is a saga of naked abuse of this Court's Forum and the device of public interest litigation. We cannot help, except to feel distress as to how this Court was taken for a ride. More about it at a later stage. We would, briefly, indicate the facts in both these writ petitions. 2. Writ Petition - WPNo.5717 of 1997 is filed by ft former Member of the Legislative Assembly representing Shadnagar Constituency and a resident of Hyderabad. The said writ petition is filed on 18-3-1997. The petitioner in the writ petition, prays for issuance of an appropriate writ declaring the action of the respondents in abusing of power vested by law under Sections 12E and 13 and other provisions of Chapter III of the Central Excise Act, 1944...