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Andhra Pradesh Court July 1999 Judgments

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Jul 20 1999

Whole-sale Vegetable Vendors Welfare Association Vs. Government of And ...

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 2000(1)ALD143; 1999(6)ALT296

1. At the interlocutory stage, both the parties consented for final adjudication of the matter.2. Initially the writ petition is filed seeking declaration that the action of the first respondent in establishing Ryothu Bazaars within the Hyderabad Market Committee area as illegal, improper, unjust and contrary to the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, and for further declaration that the establishment of Ryot Bazaars is without jurisdiction and as ultra-vires. The said writ petition was filed on 9-2-1999.3. The contentions in the said writ petition are that after following the procedure-prescribed under various provision final notification has to be issued and after such notification the Government has to constitute a Market Committee for the notified areadeclared under Section 3 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter called the 'Act' for brevity). It is further contended that Sectio...


Jul 20 1999

P.L. Raju Construction Limited Vs. Chief Engineer (Fy), Hyderabad and ...

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(4)ALD333; 1999(4)ALT579

ORDER1. A tender notice dated 25-5-1999 has been challenged by way of this writ petition. Respondent No. I issued a tender notice on 30-10-1998 inviting tenders for the 'provision of minimum essential technical and storage accommodation at Pulgaon'. The petitioner alongwith some others applied for tender documents. He got tender documents and submitted the same. The estimated cost of the work was Rs.2500 lakhs and work had to be completed within 20 months from the date of handing over the site. The tender documents originally had to be submitted on 30th December, 1998 but the period was extended to 1st February, 1999. It is submitted by the petitioner that Respondent No.l in between 21st December, 1998 and 29th January, 1999 issued as many as six amendments in respect of the above work. The amendments have been cited in the affidavit. It is further stated that the tender documents ran into hundreds of pages and numerous details and specifications had to be given. The rates quoted in th...


Jul 20 1999

N.V.C.P. Prasada Rao Vs. State Bank of Hyderabad, Hyd. and Another

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(4)ALD411; 1999(4)ALT638

ORDERGoda Raghuram, J 1. The appellant filed Writ Petition No.3606 of 1987 assailing the proceedings of the 1st respondent in Roc.No.PER/GR 1V/1895 dated 17-3-1987. By the said proceedings and pursuant to the power available under Regulation 16(3)(a) of the State Bank of Hyderabad (Officers) Service Regulations, 1979, the probation of the appellant. Assistant Law Officer of the respondent-Bank, was terminated for unsatisfactory service. In terms of the extent regulations of the Bank, the order of termination was accompanied by one month's emoluments in lieu of one month's notice. By an interim order dated 23-3-1987 in WP MP No.4793 of 1987 the proceedings impugned in the writ petition had been stayed by this Court, consequent on which the appellant continued in the service of the Bank.2. At the hearing of the writ petition, learned Counsel for the petitioner urged that the impugned order was not one of termination simplicitor but was actuated by bias and arbitrariness and was issued as...


Jul 20 1999

Hindustan Aeronautics Workers Union, Hal, Hyd. Vs. G.M. Hindustan Aero ...

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(4)ALD435

ORDER1. Petitioner herein is a recognised Workers' union in the Hindustan Aeronautics Limited, Hyderabad. It is represented by the respondents.2. An All India 'Bundh' call was given by the political parties in opposition on 30-8-1989 on variety of grounds. On 26th August, 1989 respondent No.2 issued a letter directing all the employees to report to duty on 30th August, 1989 irrespective of the 'bundh' call given by the Opposition parties. The respondent in the said letter had pointed out that they had requested the law and order machinery to provide escort to the workers and requested the A.P. State Transport Corporation authorities (hereinafter referred to as 'the APSRTC) to make arrangements for appropriate transport for bringing the employees from the twin cities of Hyderabad and Secunderabad to the factory area. The letter stated that if the workmen did not attend on 30th August, 1989, the said absence shall be treated not as 'leave' but absence without pay. Only cases covered by u...


Jul 20 1999

Bhagirathi Bai Vs. Principal Chief Conservator of Forests, A.P., Saifa ...

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(5)ALD188; 1999(5)ALT3

ORDERN.Y. Hanumanthappa, J1. This Writ Appeal is directed against the order of a learned single Judge of this Court in Writ Petition No.23476 of 1997. Writ petitioner is the appellant. She filed the said writ petition seeking a direction to the respondents to pay interest till the final award is passed and consequently to quash the award dated 13-5-1997 passed by the Forest Settlement Officer, Uppal, Hyderabad as the same is passed in violation of sub-section (1) of Section 11 of the Land Acquisition Act.2. A few facts which are necessary for the disposal of the appeal may be noticed. One Suit. Bhagirathibai was the owner of land measuring Ac.271-18 guntas known as 'Shikarga' in Anantasagar, hamlet of Anantagiri village, Vikarabad Mandal, Rangareddy District. For the purpose of reserve forestation, the Government issued notification under Section 4(1) of the Land Acquisition Act on 7-7-1970 proposing to acquire the entire extent of land. In the preliminary valuation, the Land Acquisiti...


Jul 20 1999

Manchika Srinivas Vs. Commissioner of Prohibition and Excise, Hyderaba ...

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(5)ALD118; 1999(4)ALT698

ORDER1. The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in not granting remission of proportionate licence fee for the period from 1-8-1997 to 21-9-1997 for the shop No.132,Bhoopalpally, Warangal district, as arbitrary and illegal and direct the respondent to refund the proportionate licence fee.2. The petitioner states that pursuant to the notification issued by the District Collector, Warangal district, in CR No.888/ 97/P&E;/A3 dated 24-7-1997 inviting the tenders for 32 unsold shops in pursuance of the earlier gazette notification No.8/97/A3 dated 6-4-1997 for the remaining period i.e., from 1-8-1997 to 31-3-1998 for which the upset price of Rs.2,85,000/- was fixed for the shop no.132 and the petitioner filed his tender by depositing a sum of Rs.75,000/-on 30-7-1997 for the lease amount of Rs.2,87,826/-for the period from 1-8-1997 to 31-3-1998.3. The petitioner submits that against the action of the District Collector, Warangal, proposing to ...


Jul 20 1999

Palika Sathiraju Vs. Pydah Soma Malleswara Rao and Others

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(5)ALD472; 1999(5)ALT442

1. The unsuccessful defendant is the Appellant. The respondents herein are the plaintiffs. The Plaintiffs filed the suit for eviction of the defendant from the plaint schedule property.2. Briefly stated the facts are that the plaintiffs filed the suit mentioning in the plaint inter alia that the plaintiffs are the owners of the plaint schedule property which is a mango tope. They appointed the defendant as their watchman a few years ago for plaint schedule property and they allowed the defendant to live in the thatched hut existing in the mango tope belonging to the plaintiffs. On the directions of the plaintiffs the defendant was growing vegetables on small pieces of the land and the expenses therefor were being borne by the plaintiffs. The defendant suddenly became greedy and started appropriating the vegetables etc., for himself. Therefore, the plaintiffs paid an amount of Rs.1200/- to the defendant on 24-4-1980 and terminated his services. Fearing that the defendant might enter int...


Jul 20 1999

Fathimunnisa Begum Vs. Dr. Hymavathi and ors.

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: AIR2000AP5; 1999(5)ALT705

E. Dharma Rao, J.1. The appeal is filed against the order dated 6-a-1991 passed in O.P. No. -212 of 1989 on the file of the Subordinate Judge, Khammam by which the petition filed under Order 33, Rule 1, C. P. C. by the appellant for permission to sue the respondents as an indigent person was rejected.2. The facts leading to the filing of the above petition are that the petitioner was operated upon tubectomy on 21-11-1985 in the Government headquarters hospital at Khammam by the first respondent. By that time, the petitioner was having four children. Two years after the operation, to her surprise the petitioner conceived and delivered on 16-4-1988 male twins who were aged more than one year at the time of filing of the above petition. The delivery took place in the Government headquarters hospital at Khammam. The petitioner's husband is a fourth class employee in Malaria department. The tubectomy operation was undertaken because they could not maintain large family and as such the opera...


Jul 20 1999

Prakash S. and anr. Vs. Managing Director, Apsrtc and ors.

Court: Andhra Pradesh

Decided on: Jul-20-1999

Reported in: 1999(6)ALT684; (2000)ILLJ1351AP

ORDERGoda Raghuram, J.1. This appeal is directed against the judgment of the learned single Judge dated October 20, 1997 in Writ Petition No. 1786 of 1997, dismissing the writ petition. The appellants filed the writ petition assailing the proceedings of the Personnel Officer, Andhra Pradesh State Road Transport Corporation, Rangareddy Region, (3rd respondent herein), dated December 21, 1996 and the non-review of their seniority giving them the benefit of regularisation of their services from the date of their initial appointment. By proceedings dated April 27, 1976 the appellants herein were appointed as temporary Conductors on contract basis upto July 31, 1976, though on scale of pay, along with certain others. By subsequent proceedings dated October 8, 1977 the appellants along with others were appointed under Regulation 17 of the Andhra Pradesh State Road Transport Corporation Employees (Recruitment) Regulations, 1966, with effect from October 1, 1977 on scale of pay with usual allo...


Jul 19 1999

A.V.V. Satyanarayana Vs. Syndicate Bank, Hyderabad and Others

Court: Andhra Pradesh

Decided on: Jul-19-1999

Reported in: 1999(4)ALD255; 1999(4)ALT387

ORDER1. The petitioner was appointed as a Clerk in the year 1978 and was posted at Bodhan. Then, on his request he was transferred to Rajahmundry in the year 1979. For the last twenty years he is working at the same place. He submits that he is physically handicapped and has 40% disability. Now, by virtue of impugned order dated 22nd February, 1999 he has been transferred and by 1st July, 1999 he has been relieved. He challenges the order of transfer mainly on the ground that there is a Circular issued by Ministry of Finance on 15-2-1988 which lays down that the employees who are physically handicapped should be exempted from routine periodical transfers and they should be posted at the branches located near their home towns or villages. It is further stated that there was a settlement by the respondents with the Syndicate Bank Employees Union and it was agreed that physically handicapped employees who are drawing conveyance allowance should not be transferred. The petitioner states th...


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