Andhra Pradesh Court December 1999 Judgments
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G.K. Naik Vs. Susheela Naik and Another
Court: Andhra Pradesh
Decided on: Dec-14-1999
Reported in: 2000(1)ALD672
ORDER1. These petitions have been filed seeking to review the common judgment dated 27-9-1999 delivered in Second Appeal Nos.239 and 40 of 1997.2. Brief history' One Dr. Mandakini Naik, Susheela Naik and G.K. Naik are sisters and brother. Claiming that the suit schedule property (House bearing Muncipal No.1-11-254 together with mulgies and a well situated in Prakash Nagar, Begumpet, Hyderabad) is her exclusive property by virtue of a will dated 8-5-1962 executed in her favour by her father late Krishnaji Naik, Mandakini Naik filed OS No.133 of 1983 on the file of the Principal Subordinate Judge's Court, Rangareddy District, Saroornagar, Hyderabad, against herbrother G.K. Naik alleging that she is the owner of the said property and has been in continuous possession and enjoyment of the same right from the date of execution of the will. While so, her brother (G.K. Naik) has no manner of right, title or interest in the suit property and he is interfering with her peaceful possession of th...
Avula Subrahmanyam Vs. Avula Rama Devi and Others
Court: Andhra Pradesh
Decided on: Dec-14-1999
Reported in: 2000(2)ALD1; 2000(1)ALT351; II(2000)DMC71
ORDERRamesh Madhav Bapat, J.1. The 1st respondent herein had filed a suit OS No.67 of 1999 claiming maintenancefrom the petitioner herein. In the said suit she filed IA No.488 of 1999 seeking interim maintenance at the rate of Rs.2,000/- p.m. to herself and Rs.1,000/- p.m. each to 2nd and 3rd respondents herein. On hearing both the parties, the learned Judge of the Family Court at Vijayawada, was pleased to grant maintenance at Rs.1,000/- to the 1st respondent herein and Rs.600/- each to the respondents 2 and 3. Aggrieved by the said order, the defendant in the OS No.67 of 1999 has filed the present civil revision petition.2. The petitioner herein is the husband of the first respondent and father of the respondents 2 and 3. Marriage was performed on 1-9-1983 at Vijayawada as per Hindu Dharma Shastras and the respondents 2 and 3 were born out of the wedlock and the respondent No.2 is aged about 16 years and the respondent No.3 is aged about 14 years. They were happy for about one year a...
Nirmal Chandra Sinha Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Dec-14-1999
Reported in: 2000(2)ALD496; 2000(2)ALT145
ORDERB. Subhashan Reddy, J 1. This writ petition has been filed assailing the order dated 21-7-1998 rendered by the Central Administrative Tribunal, Hyderabad Bench in OA No.312 of 1998. 2. The dispute revolves around the appointment to the post of General Manager of Railways. Few facts may be necessary to be stated. Petitioner belongs to Indian Railway Service of Mechanical Engineers (1RSME) and joined Railways on 2-5-1958 as Special Class Apprentice. His Date of Increment on the Time Scale (DITS) is 2-5-1962. When his turn came for consideration for promotion as General Manager, he was working as Chief Mechanical Engineer of South Eastern Railway. He was promoted to the post of General Manager, Central Railway on 29-11-1996 and was transferred to South Central Railway on 27-10-1997. 3. Petitioner's grievance is that he ought to have been promoted much earlier to 29-11-1996, that all the unofficial respondents herein were juniors to him and they went up in ladder while he was stagnate...
P.C. Ayyala Reddy and Another Vs. Apsrtc, Musheerabad, Hyd.
Court: Andhra Pradesh
Decided on: Dec-14-1999
Reported in: 2000(2)ALD797; 2000(2)ALT182
ORDERB. Subhashan Reddy, J 1. Point at issue is whether the women reservation decided to be given by the Andhra Pradesh Road Transport Corporation later to the recruitment process can be made to operate retrospectively. Some facts need to be stated:2. Notification inviting applications for recruitment to the post of Traffic Supervisor (Trainee) and Mechanical Supervisor (Trainee) was issued in the newspapers on 7-9-1993. While there were 9119 applicants for Mechanical Supervisor (Trainee), there were 15,128 applicants for Traffic Supervisor (Trainee). The written test was conducted on 25-9-1994. The task of conducting the written test was entrusted to the Institute of Banking for Personnel Selection, Bombay, which is a reputed firm and conducts selection process for recruitment of personnel to the banks. While 6,089 appeared for the written test for selection to Mechanical Supervisor (Trainee), 10263 candidates appeared for Traffic Supervisor (Trainee). Group exercise was introduced be...
V. Venkata Rao and anr. Vs. Dy. Transport Commissioner and Secretary, ...
Court: Andhra Pradesh
Decided on: Dec-14-1999
Reported in: 2(2000)ACC156
B. Sudershan Reddy, J.1. The petitioners in the instant writ petition challenge Memo No. 20081/A1/99 dated 16.10.1999 issued by the first respondent herein directing the petitioners to stop plying of the operation of the vehicles on the inter-state route, (1) Yanam to Rajahmundry and (2) Yanam to Jagannaikapuram.2. Before adverting to the question as to the validity of the impugned memo the facts, in some what detail, may have to be noticed : The petitioners are the transport operators. They have applied for grant of inter-State permits on the routes, (1) Yanam to Rajahmundry and (2) Yanam to Jagannaikapuram. The State Transport Authority, Pondicherry, vide proceedings No. TD/PP/1/40/94, dated 31.10.1994 granted stage carriage permits for a period of five years. However, the Secretary, State Transport Authority, Andhra Pradesh, refused to countersign the permits so granted by the State Transport Authority, Pdndicherry and informed the State Transport Authority, Pondicherry that the rou...
Dr. Pinna N.R. and Another Vs. Commissioner of Police, Hyderabad and O ...
Court: Andhra Pradesh
Decided on: Dec-13-1999
Reported in: 2000(1)ALD416; 2000(1)ALT731
ORDER1. Feigning innocent look for obtaining relief before this Court proved fatal. A doctorate in engineering who approached this Court with folded hands for protection; but very soon this Court unfolded his heart and found all its arteries filled with dishonesty and fraud.2. This writ petition is filed seeking writ of mandamus directing the respondents to make an enquiry before registering any crime against the petitioners as and when any complaint is made against them.3. The first petitioner is one Dr. N.R. Pinna, the Managing Director of M/s. Midwest India Industries Limited, formerly known as Midwest Leading and FinanceLimited. He claims to be pioneer in establishing Midwest group of industries with his engineering acumanship. The second petitioner is the company itself. The first petitioner is promoter of Midwest Group of Companies including the Midwest India Industries Limited. It was registered in the year 1980. The principal business of the company is to accept the deposits fr...
Bathina Koteswara Rao Vs. Gollapudi Masthan Rao and Others
Court: Andhra Pradesh
Decided on: Dec-13-1999
Reported in: 2000(1)ALD611; 1999(6)ALT733
ORDER1. The petitioner filed a suit. Summons were issued to the defendants and without filing the written statement an application came to be filed by the defendants. They moved the application praying that an order passed by the Revenue Divisional Officer, Ongole and enquiry report of the Mandal Revenue Officer, Chinaganjam be called, The application was allowed by the following order:'2-4-1999 For counter, Counter not filed. Petition is allowed. Summons to MRO,Chinaganajam.' 2. This order has been challenged on the ground that without filing of written statement and without knowing what are the issues in dispute between the parties the documents could not be summoned by the learned Judge.3. The learned Judge has not given any reasons for passing the order. The order on this ground alone could be set aside. However, the learned Counsel for the respondents submits that the Court has the power to pass such order under Order 14, Rule 4 of CPC, which is reproduced:'Order XIV, Rule 4 CPC :...
Baddam Prabhavathi Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Dec-13-1999
Reported in: 2000(1)ALD711; 2000(1)ALT487
ORDER1. Baddam Prabhavathi who appeared for Education Common Entrance Examination for the academic year 1999-2000 conducted by the Convenor, EDCET-99, SV University and who secured rank of 1972 filed WP No. 17793 of 1999 seeking issuance of Writ of Mandamus to the 1st respondent i.e., Government of Andhra Pradesh and 2nd respondent Convenor, EDCET-99 to apply the norms and guidelines laid down by the Government of Andhra Pradesh in G.O. Ms. No. 184, Education (EC2) Department dated 20-8-1993 and G.O. Ms. No. 196, Education (EC2) Department, dated 27-8-1993 issued by the Government pursuant to the interim orders of the Supreme Court dated 18-8-1993 in TMA PAI Foundation and others v. State of Karnataka, : (1993)4SCC286 , in relation to EAMCET examination for making admission into B.Ed Course and pass such other order or orders as the Court may deem fit.2. G.O. Ms. No.184 dated 20-8-1993 was issued by the Government in exercise of the powers conferred on it by subsection (1) of Section 3...
Silen Valley Co-operative Housing Society Ltd., Secunderabad Vs. State ...
Court: Andhra Pradesh
Decided on: Dec-13-1999
Reported in: 2000(1)ALD700; 2000(1)ALT590
1. The writ petition is filed assailing the orders of the Government in Memo No.56887/UCII(1)/97-11, dated 1-5-1999 and for consequential directions to the respondents to release the lay out and building permission.2. The petitioner is a co-operative house building society registered under theprovisions of A.P. Co-operative Societies Act on 25-6-1981 and represented by its President. It is the case of the petitioner that it entered into an agreement of sale dated 28-8-1981 with Mrs. N. Paul and another who were declared as surplus holders of urban land in respect of an extent of 9,291 sq.mts. In pursuance of the guidelines issued in G.O. Ms. No.136, dated 28-1-1981 it made an application to the Government for exemption under Section 20(1)(a) of the Urban Land Ceiling Act (for brief 'the ULC Act'). The excess landholders also filed an application for exemption. When the matter was under consideration, the Government issued another G.O. Ms. No.964, dated 27-6-1983 superseding the G.O. Ms...
M. Ramanamma Vs. Commissioner of Survey Settlement and Land Records, H ...
Court: Andhra Pradesh
Decided on: Dec-13-1999
Reported in: 2000(2)ALD124; 2000(2)ALT276
ORDERG. Bikshapathy, J.1. The SupremeCourt in Civil Appeal Nos.5197 of 1997. and 5198 of 1997 remanded the matter in WP Nos. 14137 and 14138 of 1988 to examine on merit the questions, which were raised in the writ petitions. Since WPNo.12665 of 1997 is also connected with the aforesaid writ petitions, the same is also clubbed and the matters were heard together.2. The writ petitions have a chequered career spreading over nearly three decades. The matter arises under the provisions of the A.P. (Andhra Area) Estates (Abolition and Conservation into Ryotwari) Act. The Government is competent to grant Ryotwari pattas under Section 11 proviso of the Act. The power to grant such pattas was delegated to the Board of Revenue. The Board granted Ryotwari patta to Smt. T. Venkubayamma over an extent of Ac.18-25 cents situated in T.S.No.1/1 Block-1 of Allipuram village. An extent of Ac.18-00 situated in T.S.No.1/P, Block-1 of Allipuram village was granted to one I. V. Sivaramadas. These paltas wer...
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