Andhra Pradesh Court March 1999 Judgments

State Bank of Hyderabad, Industrial Estate Branch, Sanathnagar Vs. Off ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD301; 1999(3)ALT257; [1999]98CompCas679(AP)

ORDER1. The question is whether the order of the Official Liquidator whereby the wages of the workmen have been quantified can be challenged by the creditors secured or unsecured in the Company Court?2. Krishi Engines Limited has been ordered to be wound up in CP 14/1987 on 16-11-1991 by this Court. The Official Liquidator filed CA 214 of 1996 for permission to invite the claims from the workmen of the Company in liquidationby making advertisement in local newspapers. On 3-12-1996 the application was ordered and the Official Liquidator was permitted to invite the claims of the workmen by publishing the notice in AP Times, an English daily, and Andhra Jyothi, a Telugu daily. The last date for receipt of the claims from the workmen was fixed as 31-12-1996.3. The Official Liquidator in pursuance of the aforesaid order invited the claims from the workmen. The workers' union through its Joint Secretary filed a consolidated claim of all the workmen in the office of the Official Liquidator wi...

P. Jayaramaiah Vs. Convenor, Edcet-98, S.V. University, Tirupathi

Court: Andhra Pradesh

Reported in: 1999(3)ALD581; 1999(3)ALT683

ORDERN.Y. Hanumanthappa, J1. Since the issue involved in these writ petitions is one and the same, they are heard together and are being disposed of by this common order.2. In these cases the students belonging to Scheduled Castes and Scheduled Tribes sought selection and admission into various courses for the academic year 1998-99. Their grievance is that inspite of they belong to Scheduled Castes and Scheduled Tribes and producing the caste certificate under the Scheduled Castes and Scheduled Tribes (Amendment) Order, 1976, the authorities have insisted them to produce integrated certificate in Form III of A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificate Act, 1993 (for short ' 1993 Act'), which envisages three particulars i.e., caste, nativity and date of birth. It is relevant to extract Rule 21 of the A.P, (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificate Rul...

The Accounts Officer, Office of the Telecom District Manager Vs. Sri S ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. F.A. I.A. No. 1435/1998 is preferred by the opposite party in O.P. No. 152/1995 for condoning the delay of 48 days in presenting the appeal F.A. S.R. No.3821/1998 questioning the order of the Visakhapatnam District Forum in that O.P. dated 22.9.1998 directing him to return the deposit sum of Rs. 2,500/- and Rs. 800/- collected towards installation charges for second time together with interest @ 15% per annum from 20.3.1995 and also Rs. 1,000/- towards costs. The complainant in the said O.P. is the respondent in this F.A. I.A. and F.A. S.R. No. 3821/1998. The order of the District Forum was received by the petitioner on 16.10.1998 as admitted in the affidavit filed in support of the application for condoning the delay. Therefore the last date for presenting the appeal was 15.11.1998. The appeal papers were presented on 26.12.1998. Thus there was a delay in fact of 41 days in presenting the appeal on the basis that the order under appeal was received by th...

New India Assurance Company Limited Vs. P. Jayaraj

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. F.A. I.A. No. 34/1999 is an application for condoning the delay in presenting the appeal, F.A. S.R. No. 62/1999, by the opposite party in C.D. No. 159/1998 questioning the order of the Cuddapah District Forum dated 24.10.1998. It is stated in the affidavit in support of the F.A. I.A. No. 34/1999 that the copy of the order of the District Forum was received by the petitioner/ appellant on 11.11.1998 itself. Thus the last date for presenting the appeal was 11.12.1998. The appeal was presented on 13.1.1999. The reason for the delay was stated in the affidavit as follows : Legal opinion was sought from the Advocate, which was received by the Divisional Office only on 22.12.1998. The file was then sent to the Regional Office on 30.12.1998. It was opined to file an appeal and the case was sent to the Advocate on 9.1.1999 and the appeal is being preferred without any further delay. We find that there was remissness on the part of the persons concerned in not ass...

D. Vijayalakshmi and Another Vs. Dist. Collector, Krishna and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD29; 1999(2)ALT764

1. These three writ petitions are disposed of by a common judgment as the issues involved are more or less common to all the writ petitions.2. WP No. 17068 of 1997 was filed by four petitioners who are owners of Ac.5.10 cents in NTS No. 1 of Block No.9 of Machavaram village, Vijayawada Urban Mandal, Krishna District. Originally the writ petition was filed claiming compensation under the Land AcquisitionAct, 1894 (for short 'the LA Act') on the basis of the notification issued under Section 4(1) of the LA Act on 13-1-1997 on the ground that the earlier notifications have lapsed, Later on the petitioners have filed an Amendment Petition in WP MP No.23246 of 1998 seeking an amendment of the prayer which was allowed on 10-7-1998. By the virtue of this Amendment Petition, the petitioners are seeking a Writ of mandamus declaring the notifications dated 5-11-1979 and 25-1-1990 issued by the 2nd respondent under Section 4(1) of the LA Act as illegal, arbitrary and unreasonable and violative of...

Janapareddy Venkateswara Rao Vs. District Collector, Eluru and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD42; 1999(2)ALT633

ORDER1. Government Pleader for Social Welfare took notice for the respondents. Writ Petition was heard finally.2. The subject land is sought to be acquired by the State for the public purpose, to wit, for providing house sites to the weaker sections of the society like Dalits an other backward classes, by invoking urgency clause under Section 17(4) of the Land Acquisition Act. The learned Counsel appearing for the petitioner assailing the acquisition proceedings would contend that there was no urgency on the part of the State to invoke urgency clause under Section 17(4) of the Act; that the petitioner is a cultivating tenant of the land belonging to the temple and therefore without his consent the State ought not to have proposed to acquire the subject land; that there are alternate lands owned by the Government of India and certain others, and therefore, there was no justification for the State to choose the subject land for acquisition; and that the subject land would costs very heav...

Dr. A.Sree Rama Murthy Vs. Acharya N.G. Ranga Agricultural University, ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD304; 1999(2)ALT444

ORDER1. Heard Sri Nooty Rama Mohan Rao, learned Counsel for the petitioner and Sri B. Siva Reddy, learned standing Counsel for the University.2. The petitioner presently serving on the teaching staff of Acharya N.G. Ranga Agricultural University as senior Scientist (Professor Cadre). Under the prevailing regulations governing his service, he has to be retired from service on the afternoon of 31-3-1999 on attaining the age of superannuation of 60 years. In this writ petition, the petitioner has sought for a writ of mandamus sdeclaring that the petitioner is entitled to be retained in service of the 1st respondent-University, till he attains the age of superannuation of 62 years duly paying for his services and for consequential direction to the respondents to refrain from retiring the petitioner on 31-3-1999 and pass such other further orderor orders as this Court deems fit and proper in the circumstances of the case.3. This relief is sought in the premise of the following facts :4. The...

Director of Settlements and ors. Vs. Neerupaka Rama Krishna

Court: Andhra Pradesh

Reported in: 1999(2)ALT676

ORDERM.S. Liberhan, C.J.1. The learned single Judge quashed the suo motu show-cause notice issued by the first respondent dated 28-2-1998 for cancellation of the patta order issued on 27-5-1962. The learned single Judge quashed the show-cause notice, inter alia, on the ground that in W.P. No. 10773 of 1996, the validity of issuing of patta order dated 27-5-1962 was upheld and that the said order operates as resjudicata.2. The learned Counsel for the appellant vehemently contends that the finding of the learned single Judge that the earlier judgment operates as res judicata cannot be sustained, inter alia, contending that in the said writ petition, a mandamus was issued directing the respondents therein to issue pattedar pass book to the petitioner, which has no bearing with respect to the patta order dated 27-5-1962.3. We find no force in the submission of the learned Counsel for the appellant for the simple reason that in order to give an effective relief directing the respondents in ...

Ch. Chinnaiah Vs. Govt. of A.P., Dept. of Education, Hyderabad and Oth ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD39; 1999(3)ALT221

1. In this writ petition the question involved is the constitutional validity of Rule 3(f) of the Andhra Pradesh Colleges of Education (Regulation of Admission into B.Ed., Course through Common Entrance Test) Rules, 1989 (GO Ms. No.I54, Education) dated 27-4-1989. The relevant rules reads as follows:(f) Ten seats in each Government Comprehensive College of Education/ Government College of Education shall be reserved for Section Officers and other non-gazetted officials including Record Assistants and Attenders working in the Education Department of Andhra Pradesh Secretariat as permitted by the Government and Ministerial Staff including Record Assistants and Attenders working in the offices under the control of the Director of School Education and the ministerial staff including Record Assistants and Attenders working in the recognised non-Government Institutions like Zilla Parishads, Panchayat Samithies, Municipalities, Private Institutions like the Zilla Parishads, Panchayat Samithie...

D.L. Prasuna Vs. Andhra Pradesh State Coop. Bank Ltd., Hyderabad and O ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD346; 1999(3)ALT203

ORDERM.S. Liberhan, C.J.1. Thegrievances made out by the learned Counsel for the appellant are :(i) that the marks awarded for the Annual confidential reports were different by the Selection Committee than the Vice Chairman & Managing Director; (ii) that the marks awarded for candidates at Sl. Nos.63 and 64 have been manipulated; consequently the selection suffers form arbitrariness; and that (iii) awarding of marks at the rate of 15 out of 15 in an interview is arbitrary and contrary to law. 2. In order to appreciate the contention raised, though not pressed before the learned single Judge, we have called for the record.3. We have gone through the record with the assistance of the Counsel for the parties. We find no force in submission of the learned Counsel for the appellant that the marks of the candidates at Sl. No.63 and 64 were tampered with, or even smudged, rubbed or in any way altered even remotely giving the impression of tampering with. We are of the considered view that i...