Andhra Pradesh Court June 1999 Judgments

Commissioner of Survey, Settlements and Land Records, Govt. of A.P. an ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD61; 1999(4)ALT209

ORDERN.Y. Hanumanthappa, J.1. This appeal is directed against the judgment and order of the learned single Judge of this Court in WP No.16232 of 1992, dated 30-10-1998. The appellants herein are the respondents and the respondents herein are the petitioners in the writ petition.2. The rank of the parties is described herein as in the writ petition.3. A few facts which are necessary to dispose of this appeal are as follows :One G. Narayaiia Swamy was the owner of Ac.S.OO of land in S.No. 129/10 of Shaikpet village forming part of Banjara Hills of Hyderabad, who had purchased the same under a registered sale-deed dated 21-1-1966. The said Narayana Swamy was the husband of G. Padmavathi, Ihe 1st petitioner herein. Petitioners 2 and 4 are his sons and petitioners 3 and 5 are his daughters. After purchasing the said land, G. Naryana Swamy put up a compound wall around the whole extent of Ac.8.00. He also put up small tentaments and a watchman's quarter in the said land. It contains Municipa...

Afzal Agmed Kahan Vs. Estate Officer, Municipal Corporation of Hyderab ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD115; 1999(4)ALT532

ORDER1. Aggrieved by the Notice No. 1141 J2/EQ/MCH/99/8-602, dated 11/16-6-1999, whereunder the petitioner was directed to vacate the premises occupied by him within ten days from the date of receipt of the notice and hand over possession of the mulgi which he has taken form the respondent-Municipal Corporation on lease on the ground that he has sub-let the mulgi, the present writ petition is filed.2. Heard the learned Counsel for the Municipal Corporation.3. The contention of the petitioner is that on an earlier occasion when a similar notice was given by the MCH seeking eviction of the petitioner, he filed a suit in OS No.4017 of 1995 on the file of the IV Junior Civil Judge, City Civil Court, Hyderabad and the suit ended in a compromise wherein the MCH gave a specific undertaking that without resorting to the due process of law the petitioner will not be evicted and as such, the action of the respondent-MCH in directing the petitioner herein to vacate the premises within ten days wi...

A. Seshagiri Vs. Senior Divisional Manager, Life Insurance Corpn. Divi ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD88; 1999(4)ALT152

ORDER1. Challenging the validity of the action of the respondent in rejecting his application for appointment on compassionate grounds, the petitioner filed this writ petition.2. The facts of the case, in brief, are : The petitioner's father-late Sri Akkalla Venkata Krishna Murthy was working as Assistant Administrative Officer in the Life Insurance Corporation of India (for short 'the Corporation') at Gudiwada. He died in harness, on 8-5-1989, leaving his wife, three sons and three daughters. The petitioner is the 3rd son. It appears that the mother ofthe petitioner gave a representation on 10-7-1989 and followed by another on 24-4-1990, requesting the respondent to consider the case of the petitioner for appointment on compassionate grounds in any post. Those representations were rejected by the respondent-Senior DivisionalManager, on the ground that the elder brother of the petitioner-Sri A. Babu Rao is in the employment of the Corporation. Against that order, the petitioner herein ...

Ankinapalli Veera Raghavaiah Vs. the Divisional Manager, Oriental Insu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. Shri Ankinapalli Veera Raghavaiah the complainant in O.P. No. 50/1996 on the file of the East Godavari District Forum at Kakinada preferred this appeal questioning the order passed therein on 31.7.1998 dismissing his complaint and directing the complainant to approach the Civil Court for appropriate reliefs. 2. The case of the appellant who was the complainant before the District Forum is that his junior paternal uncle Sri Yerrayya was living with him since he was an unmarried person, that the said Yerrayya obtained personal accident policy No. 432803/212/00347/Misc/PA/440/ 93-94 for a sum of Rs. 3 lakhs by paying the necessary premium, that the said Yerrayya bequeathed all his properties in his favour under a Will executed by him on 15.3.1992 in a sound and disposing state of mind, that while himself and the said Yerrayya were proceeding in a taxi on 27.12.1994 one lorry hit the said taxi and consequently the said Yerrayya received multiple injuries including ...

D. Rajeswara Rao and Another Vs. State Transport Appellate Tribunal, A ...

Court: Andhra Pradesh

Reported in: 1999(5)ALD48

ORDER1. As the issue involved in all the writ petitions is one and the same, they are heard together and are being disposed of by this common order.2. The writ petitions deserve to be dismissed on the short ground that the petitioners do not deserve any relief to be granted while exercising writ jurisdiction. It is not disputed that in a writ petition the party is not entitled to relief as of right. A person who comes with un-clean hands or a person who has taken advantage for his ownself by urging a particular position cannot be granted equitable relief, if he urges from and challenges the position which he had already taken and enjoyed benefits.3. In the instant cases the petitioners were running town service routes. The said routes were subsequently extended beyond the town service and they themselves admittedly went before the tax authority and sought that their routes be treated as Mofussil routes and tax be recovered from them on that basis. They continued to ply on the routes as...

B. Baburao Vs. Assistant Works Manager-ii, Zonal Workshop, Apsrtc, Viz ...

Court: Andhra Pradesh

Reported in: 1999(5)ALD139; 1999(4)ALT112

ORDER1. This writ petition has been filed seeking issuance of a Writ of Certiorari calling for the records relating to and connected with the proceedings No.M2/ 118(21)97-ZWS-VZM dated 30-4-1998 and quash the same by holding it as being illegal, arbitrary, void and against the principles of natural justice.2. WP MPNo.17591 of 1998 is filed seeking to suspend the operation of the proceedings mentioned supra.3. When the WP MP is listed, both the parties consented to argue the main writ petition itself and accordingly, the writ petition itself is taken up for consideration.4. The averments made in the writ petition are that the petitioner worked in the respondent-Corporation as a Welder; that charges have been framed against the petitioner viz.'1. For having refused and failed to perform the job entrusted to you by your Section Supervisor i.e., AMF, with regard to the welding works to luggage carriers of certain C.O., vehicles on 23-7-1997, which constitutes serious misconduct under Claus...

N. Venkata Ramana Reddy Vs. Smt. Gollapalle Reddemma

Court: Andhra Pradesh

Reported in: 1999(4)ALT105

ORDERRamesh Madhav Bapat, J.1. The petitioner herein was the plaintiff, who had instituted the suit OS. No. 292 of 1990 in the Court of the Addl. Junior Civil Judge, Madanapalle against the respondent herein for permanent injunction. The evidence of the plaintiff was over. The defendant was in the box. She wanted to produce and prove certain document. At that stage, an objection was raised by the plaintiff- petitioner herein stating that the said document is a 'partition deed and it is not properly stamped and registered and therefore it cannot be exhibited in the suit and cannot be received in evidence.2. The maner was carried to the High Court by filing C.R.P. No. 1383 of 1996. The learned Judge of this Court disposed of the revision with an observation that the document in question is not an agreement of partition. But by reading the contents of the document, this Court held that it is a partition deed itself and with the help of the said deed, the defendant-respondent herein was pu...

Jiddu Satyanarayana Murthy Vs. A.P. Womens Co-operative Finance Corpor ...

Court: Andhra Pradesh

Reported in: 1999(6)ALT663a

M.S. Liberhan, C.J.1. There is no gain saying that the appellant-petitioner worked with the respondent-Corporation for more than a decade which gives rise to just expectation in the mind of the employee that his case will be considered for regularisation in accordance with the Rules as established on the equitable principles laid down in State of Haryana v. Piara Singh, : (1993)IILLJ937SC .2. In the circumstances the respondent-Corporation is directed to regularise the services of the appellant in accordance with Rules. Learned single Judge has granted payment of time scale to the appellant. It shall be paid as directed.3. The appeal is disposed of with the above observations. No order as to costs....

S. Ramachandra Alse Vs. Deputy General Manager, Syndicate Bank, Hydera ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD626; 1999(3)ALT716

ORDER1. The petitioner joined the services of the respondent-Bank as Attender in the year 1978 and subsequently he was promoted as clerk in the year 1984. When the petitioner was so serving in the establishment of the Bank, absented himselfwithout prior permission or sanction of leave with effect from 29-11-1996. Since the petitioner was absenting himself unauthorisedly, the Branch Manager-R2 herein issued notice dated 13-3-1997 to the petitioner calling upon him to join the duty. There was no response from the petitioner. Thereaforwards, the first respondent issued notice dated 25-3-1997 as envisaged under clause 17(a) of the Vth Bipartite Settlement by registered post acknowledgment due as well as under certificate of posting and both the notices were returned on 16-4-1997 with the postal endorsement 'addressee left, returned to sender'. Thercafterwards, the Deputy General Manager-first respondent passed the impugned order dated 24-6-1997 declaring that the petitioner is deemed to ha...

Apsrtc National Mazdoor Union, Hyd. Vs. Management of Apsrtc and anr.

Court: Andhra Pradesh

Reported in: 1999(4)ALD130; 1999(4)ALT136; (1999)IILLJ1293AP

ORDERM.S. Liberhan, CJ 1. The APSRTCNational Mazdoor Union has preferred this appeal assailing the judgment of the learned single Judge dated 7-4-1999 in WP No.28653 of 1998. The 1st respondent herein filed the writ petition seeking a writ in the nature of certiorari to invalidate the award dated 4-4-1998 in ID No.l of 96 on the file of the industrial Tribunal-1, Hyderabad to the extent of items 24, 31, 32, 42 and 56, considered in the award. 2. The relevant facts are that the appellant herein raised 72 demands, which were referred by the Government to the Industrial Tribunal. By the award dated 4-4-1998, the Industrial Tribunal accepted 66 demands. Aggrieved by the acceptance of demands Nos.24, 31, 32, 41 and 56, the writ petition had been filed by the APSRTC. 3. By the judgment under appeal the learned single Judge has partly allowed the writ petition. The award of the Industrial Tribunal insofar as demands 24 and 56 has been confirmed; the finding of the Industrial Tribunal in respe...