Andhra Pradesh Court June 1999 Judgments
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T. Shivalingam Vs. A.P. Wakf Tribunal, Presiding Officer, Hyderabad an ...
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(3)ALD646; 1999(3)ALT602
ORDER1. This is a highly misconceived Writ Petition. A suit has Wakf property been filed by the respondents before A.P. State Wakf Tribunal seeking eviction of the petitioner from the property belonging to Wakf. The petitioner is a tenant of Wakf property. According to the plaintiffs-respondents the tenancy has been terminated and the tenants have sub-let the leased property, therefore they filed a suit seeking a direction against the present petitioner and others that they should deliver the vacant possession of the suit building to the plainiiffs-respondents. A Writ of Prohibition has been filed on- the ground that the Tribunal has no jurisdiction to entertain suits of the present nature i.e., suit for eviction. Reliance lias been placed on Section 7 of the Wakf Act, 1995. Section 7 of the Act gives power to Tribunal to determine disputes regarding Wakfs. It is stated that once the properties are notified as Wakf property in terms of Section 5 of the Act and if there is any dispute a...
Vasumathi Raje Vs. Government of A.P., Education Department and Other
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(3)ALD680
1. Both the writ petitions can be disposed of by a common judgment.2. The Writ Petition No.6041/1997 was filed assailing the Memo No.2807/CE.II/2/ 95-7, Education Department, dated 14-2-1997, issued by the 1st respondent and for consequential direction to pay the arrears of salary with effect from 16-4-1990.3. The facts in nutshell are that the petitioner passed the Post-Graduation in Chemistry in II Class, and thereafter she was appointed as Lecturer in the Chemistry on 21-6-1995 at St. Joseph's College for Women, Waltair, Visakhapatnam. The post in which the petitioner was appointed was a grant-in-aid post since 1958 and petitioner was drawing grant-in-aid scales eversince her, appointment. In 1977, she had to resign the post for personal reasons and shifted her residence to Hyderabad. Thereafter, the petitioner applied for the post of Lecturer in the 3rd respondent College and she was selected and appointed as Lecturer in Chemistry on 7-9-1978. The services of the petitioner were al...
Andhra Pradesh State Electricity Board and Others Vs. Venus Hotel and ...
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(3)ALD693; 1999(4)ALT15
ORDER1. The appellant-Electricity Board has preferred this appeal against the order of the learned single Judge directing them to implement the State policy issued by G.O. Ms. No.31, dated 30-4-1994 providing for concessional sale of electricity to the consumer of the notified area.2. The respondent No.1 is running a hotel in Khammam town which is recognised as a notified area for concessions specified in G.O. Ms. No.31, dated 30-4-1994 read with G.O. Ms. No.83, dated 14-11-1994 whereby the consumer of electricity in a tourism notified area would be entitled to 25% rebate on the power consumed by him. Concedingly the respondent No.l is the consumer of power and running a hotel and is entitled to 25% rebate on the bills under the appropriate Government policy.3. The learned single Judge came to the conclusion that the policy of the Government issued under the above said Government Order is a direction under Section 78A of the Electricity (Supply) Act, 1948 and has been issued with an ob...
Lavu Educational Society, Guntur Vs. Government of Andhra Pradesh, Edu ...
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(3)ALD632; 1999(3)ALT689
1. The order passed by the Government in Memo No.30636/EC-2/98-7 dated 12-1-1999 refusing to accord approval for the establishment of Engineering College is assailed in this writ petition.2. Though in the writ petition entire gamut of events were traced leading to the filing of this writ petition, only relevant facts and situations are referred to herein.3. The petitioner is an Educational Society registered under the Societies Registration Act, having number of educational institutions under its control. The 4th respondent-All India Council for Technical Education (hereinafter called the 'Council' for brevity) issued notification inviting applications for establishing Engineering Colleges in the Andhra Pradesh. The petitioner submitted the proposal for establishment of an Engineering College at Deshnmkhi (village), Pochampally Revenue Mandal, Bhongiri Revenue Division, Dist. Nalgonda. It is stated that the petitioner complied with all the requirements as per the norms fixed by the Cou...
Noorjahan Vs. National Insurance Company Ltd., Hyderabad and Another
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 2001ACJ340; 1999(4)ALD350; 1999(4)ALT447; (1999)IILLJ1057AP
ORDER1. The above review CMP is filed under Order 47, Rule 1 and Section 104 CPC to review the judgment of Hor'ble Shri Justice B.K. Somasekhara (as he then was) on the ground that the amendment made to Section 21 of the Workmen's Compensation Act, 1923 was not brought to the notice of the learned Judge, in particular, sub-clause (b) of sub-section (1) of Section 21 of the Act. The earlier subsection runs as follows :'(1) Where any matter is under this Act, be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before a Commissioner for the area in which the accident took place which resulted in the injury : Provided that, where the workman is the master of a ship or a seaman, any such matter may be done by or before a Commissioner for the area in which the owner or agent of the ship resides or carries on business.' The amendment was substituted by Act 30 of 1995 with effect from 15-9-1995. The effect of...
Jyothi Venkataramaiah and Swamy Ayyappa Colony Residents Welfare Assoc ...
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(4)ALD389; 1999(3)ALT657
1. The petitioner association filed these writ petitions seeking a direction against respondents 1 and 2 to provide adequate protection to the petitioner Welfare Association for the purpose of developing the open place measuring 289.3 Sq. yards in one writ petition being WP No.31271 of 1997. The petitioner also sought similar direction with respect to lands measuring 481.4 Sq. yards and 178.4 Sq. yards in WP Nos.31082 of 1997 and 27237 of 1997 respectively. All the writ petitions were heard together, counters have been filed and they are decided by this common judgment.2. The petitioner submits that, these petitions are filed in public interest. He submits that respondent No.3 and his cousins were the owners of land admeasuring 65,999.57 Sq. yards in Survey No.30, 31 and 32 situated at Kakaguda Village, Sccunderabad Cantonment, Secunderabad. The said land was agricultural land. To convert the land into residential area, permissions had to be sought from Central Government, State Govern...
C. Panduranga Rao Vs. V. Shyamala Rao and anr.
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(4)ALT270
T.Ch. Surya Rao, J.1. These two Appeals arise out of a common Judgment dated 16-2-1996 passed by the learned single Judge of this Court in CCCA No. 115/1987 and CCCA No. 106/1985. Those Appeals inturn have been filed against the Common Judgment and Decree passed by the trial Court in O.S. Nos. 16/83 and 17/83, dated 29-6-1985.2. The appellant herein Sri C Panduranga Rao filed the suit O.S. No. 17/83 for specific performance of the suit agreement of sale against Sri V. Syamala Rao and T. Chandra Mouli the respondents herein. It is better to refer the respondents by names to avoid any confusion. Sri T. Chandra Mouli filed the second suit O.S. No. 16/83 for eviction and damages for use and occupation against the appellant. The said Syamala Rao, the original owner of the suit house, is the 1st defendant in O.S. No. 17/83 and the 2nd defendant in O.S. No. l6/83 and lst and 2nd respondent respectively in the corresponding Appeals. The appellant filed the suit O.S. No. 17/83 for specific perf...
Central Warehousing Corporation and anr. Vs. Gowthami Engineering Corp ...
Court: Andhra Pradesh
Decided on: Jun-14-1999
Reported in: 1999(4)ALT149
N.Y. Hanumanthappa, J.1. This appeal is filed against the judgment and decree dated 31-7-1993 passed in O.S. No. 652 of 1988 on the file of the learned I Additional Subordinate Judge, Vishakapatnam. The suit is filed under Section 20 of the Indian Arbitration Act for appointment of an arbitrator for adjudication of the disputed claims and for costs. The plaintiff is carrying business in civil contracts. The plaintiff was entrusted with the work of construction of 5000 MT capacity godowns along with ancillaries at Vishaka patnam by giving work order on 28-2-1981. The defendants delivered the work site to the plaintiff on 30-3-1981 and the construction of the godown was started on 8-4-1981. It is stated that an agreement was entered into between the parties on 10-7-1981. Ultimately the work was completed on 21-12-1981 excepting the electrification, flooring of verandahs etc. The said work has been completed by 16-4-1982. It is stated that the plaintiff supplied 1000 wood crates on 30-4-1...
Rayavarapu Adnarayana Vs. State of A.P., Land Reforms Collectorate, Ka ...
Court: Andhra Pradesh
Decided on: Jun-11-1999
Reported in: 1999(3)ALD722; 1999(4)ALT88
ORDER1. The short question which arises for consideration in this revision is whether the land reforms Tribunal was justified in refusing to accept the extent of 5 acres in Sy.No.28/1 and 3 acres in Sy.No.5 of Chakirevulapalem Village, which are proposed to be surrendered by the declarant on the sole ground that the said lands are covered by 'Pits and Hillocks' and unfit for cultivation.2. Admittedly, the said lands were treated as agricultural lands and classified as dry lands under H category and they were computed in the holding of the declarant for arriving at the surplus land held by him. Subsection 5 of Section 10 of the A.P. Land Reforms (Ceiling and Agricultural Holdings) Act, 1973 provides inter alia that it shall be open to the Tribunal to refuse to aceept the surrender of any land which has been converted into non-agricultural land and has been rendered incapable of being used for the purpose of agriculture.3. It is not the case of the authorised Officer that the declarant h...
Veduruvarthi Venkata Chari Vs. Ramalapudi China Demudu
Court: Andhra Pradesh
Decided on: Jun-11-1999
Reported in: 1999(3)ALD728; 1999(4)ALT71
ORDER1. Heard the learned Counsel on both sides.2. This is a revision filed by the plaintiff in a small cause suit which was dismissed by the lower Court. The suit is filed on the foot of a promissory note for a principal sum of Rs. 4,000/- payable with interest at 18% per annum. The defendant resisted the suit on several grounds, firstly, that the suit promissory note is not true, that the same was materially altered finally that the defendant being a small farmer entitled to the benefits of A.P. Act 45 of 1987, the suit is liable to be dismissed. The plaintiff however, claimed that he too is a small farmer and that the defendant is not a small farmer. The lower Court found that the suit promissory note is true and supported by consideration and it also held that there is no material alteration in the suit promissory note as alleged by the defendant. The Court further found that the defendant is a small farmer entitled to the benefits of Act 45 of 1987. The Court, however, negatived t...
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