Andhra Pradesh Court August 1999 Judgments
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Khaja FiauddIn Vs. Joint Collector
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(5)ALD592; 1999(6)ALT751
ORDERP. Venkatarama Reddi, J. 1. Inthis writ petition filed as long back as in October, 1988, the petitioner has questioned the legality of the order dated 26-10-1988 passed by the respondent-Joint Collector revoking the licence granted to him to exhibit the Cinemas in exercise of power under Section 10(2)(b) of A.P. Cinemas Regulation Act. The impugned action was taken on the ground that the petitioner had fallen into heavy arrears of entertainment tax andthe arrears were not cleared despite the conditional orders passed by the High Court in various writ petitions. The respondent who is the licensing authority under the Act therefore concluded that the petitioner violated condition No.46 of the B-Form Licence.2. It is not in dispute that the petitioner is still in arrears. This Court granted interim direction permitting the petitioner to exhibit the films on condition of payment of Rs.50,000/-. It is not known whether the petitioner paid that amount. It is also not known whether the p...
Puchakayala Venkateswarlu Vs. M. Laxminarasaiah and Another
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(6)ALD106; 1999(2)ALD(Cri)533; 2000(1)ALT(Cri)33
1. Appellant is the complainant. He directed this appeal against the judgment dated 18-5-1999 passed in CCNo.28 of 1999 by the 1 Additional Judicial Magistrate of First Class, Khammam dismissing the complaint under Section 256(1) Cr.PC.2. When the matter came up for admission, this Court directed to issue notices to the respondents to show cause why the criminal appeal should not be admitted. Accordingly, notices were despatched by the Registry and the same were returned with an endorsement as 'unclaimed' insofar as thelst respondent is concerned; the second respondent is the State represented by the learned Public Prosecutor.3. It is brought to my notice that this Court while dealing with the aspect of the service of notices under Section 138 of Negotiable Instalments Act in A.Sudershan v, Mannan (Shabir) and another, 1997(1) ALD (CrI.)795(AP), has considered a judgment in Sosamma v. Rajendran, 1993 (I) KLT 629. In the said case, it was held that 'the notice which was returned with po...
Shaik HussaIn Saheb Vs. Women and Child Welfare Officer, Service Home, ...
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(6)ALD82; 1999(5)ALT779
ORDER1. Questioning the termination of the services of the petitioner as Night Watchman by the first respondent in Memo No.54/Esst-AI/95 dated 17-4-1995, this writ petition was filed. This Court while admitting the writ petition on 19-6-1995 directed the maintenance of status quo with regard to the services of Night Watchman in the office of the first respondent pending further orders on the petition. Subsquently, the then incumbent filed a counter on 29-11-1995 wherein she categorically stated that the petitioner was appointed in clear vacancy of Nightwatchman out of the candidates sponsored by the Employment Exchange pursuant to her requisition dated 19-10-1993. She also stated that she obtained necessary permission of the second respondent i.e., Commissioner before making the appointment and the matter was brought to the notice of the Commissioner, who in turn addressed a letter to the Government dated 26-10-1995 to ratify the action of the first respondent. But, unfortunately the P...
T. Vykunta Rao Vs. Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(5)ALT37
ORDERS. Ananda Reddy, J.1. This writ petition is filed praying for the issue of a writ of mandamus declaring the transfer and continuance of the 3rd respondent in the 2nd respondent institution as illegal and void and consequently direct the respondents to consider the case of the petitioner for promotion as Deputy Executive Engineer in the 2nd respondent institution.2. The facts of the case are that the petitioner was appointed as Assistant Engineer on NMR basis on 01-05-1992 in Sri Venkateswara Swamy Vari Devasthanam, Dwarakatirumala, West Godavari District. The petitioner is a B. Tech (Civil) Degree Holder. Therefore, by proceedings dated 18-07-1994, the Executive Officer of the above said temple has appointed the petitioner as Assistant Engineer. Later by proceedings of the Commissioner, the 1st respondent herein, dated 04-07-1995, the petitioner was transferred to the establishment of Sri Durga Malleswara Swamy Devasthanam, Vijayawada. The post of the Assistant Engineer held by th...
Government of Andhra Pradesh and Another Vs. Syed Akbar Overruled
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(5)ALD391; 1999(5)ALT202
ORDERN.Y. Hanumanthappa, J1. This appeal is directed against the order of the learned single Judge dated 2-1-1998 passed in WP No.33171 of 1997.2. The rank of the parties is as arrayed in the writ petition.3. A few facts which are necessary to dispose of this appeal are as follows:The petitioner, Syed Akbar was the owner of the land to an extent of Ac.1-00 in S.No.54 situated in Kakaguda village of Secunderabad Cantonment, which is abutting Secunderabad-Karimnagar Road on the western side. The said land was purchased by the petitioner under a registered sale deed dated 11-8-1993. On the request made by the Resident Engineer, Special R & B ADB Division, Hyderabad, herinafter referred to as the Acquiring Body, the Special Deputy Collector, Land Acquisition (general), Nampally, Hyderabad initiated land acquisition proceedings and acquired an extent of 1,573 Sq. yards in S.No.54/2 in Kakaguda village, Secunderabad Mandal, under 4(1) Notification which was published in the Andhra Pradesh Ga...
Ncl Industries Ltd., Hyd. and Another Vs. M.S. Raju and Another
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(5)ALD318; 1999(5)ALT434
ORDERMotilal B. Naik, J.1. CMA No. 1969 of 1999 arises out of an order passed in IA No. 1756 of 1999, CMA No. 1970 of 1999 arises out of an order passed in IANo.1757 of 1999. C.R.P.No. 2889 of 1999 aries out of an order passed in IA No.1758 of 1999 and C.R.P.NO. 2890 of 1999 arises out of and order possession IA No. 1789 of 1999.2. Orders passed in the above I.As. by the Chief Judge, City Civil Court Hyderabad, dated 15-7-1999 are assailed before us in these two CMAs and two CRPs.3. Since the appellants in both the CMAs and the revision petitioners in both the CRPS and the respondents thereto are one and the same, these four matters are decided by this judgment.4. The respondents herein instituted a suit in O.S.No. 294 of 1999 against these appellants and petitioners on the file of theChief Judge, City Civil Court, Hyderabad, seeking the following reliefs :(1) to pass a decree for specific performance of the MoU dated 3-10-1996 in favour of the plaintiffs against the defendants directi...
Shaik Subhani @ Bombay Subhani and Another Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(5)ALD284; 1999(2)ALD(Cri)393; 1999(2)ALT(Cri)208; 2000CriLJ321
ORDERRamesh Madhav Bapat, J.1. Accused Nos. 1 and 2 in SCNo.17/95 whichwas pending on the file of IV Addl. Sessions Judge, Guntur are appellants in this appeal. Originally the appellants and four more accused were tried for two charges. The first charge against the accused was under Section 148 IPC. A11 the accused were acquitted of the said charge. The second charge against all the accused was under Section 302 IPC read with Section 149 IPC. The learned trial Judge acquitted the Accused Nos.3 to 6, but he convicted A1 and A2 of the offences punishable under Section 302 IPC and sentenced to each of them to suffer imprisonment for life and to pay fine of Rs.3,000/- and in default to suffer RI for 3 years. Thus, A1 and A2 are appellants in this appeal.2. The prosecution story can be briefly narrated as follows:That the deceased Challa Anjibabu was a rowdy-sheeter. In the month of October, 1990, he stabbed A2 and a case in Cr.No.139 of 1990 was registered against him under Section 307 IPC...
V.V.B. Satyanarayana Vs. Indian Oil Corporation Ltd., Mumbai and Other ...
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(5)ALD455
ORDERGoda Raghuram, J.1. The petitioner assails the 1st respondent's proceedings No.IR/1461/(S-78) dated 13-2-1996, imposing on him the penalty of lowering his basic pay by two stages, in the circumstances which will be adverted to later.2. Mr. Amancherla Krishna Murthy, learned Counsel for the respondents 1 to 3 being the Indian Oil Corporation and its various designated officers, raises a threshold objection as to the jurisdiction of this Court to entertain this writ petition. It is contended that no part of the cause of action leading to the orders impugned in this writ petition having arisen within the territory of this Court, this writ petition is not maintainable. It is the admitted scenario that the petitioner was at the time of the alleged offence an employee of the Indian Oil Corporation working at Bidar in Karnataka Stateand that the impugned order has been issued by the 1st respondent in Mnmbai. It is also an admitted fact that the disciplinary enquiry was held at Secunderab...
Are Gangadhar Vs. Zilla Praja Parishad, Karimangar and Others
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(5)ALD585; 1999(5)ALT516
ORDERB. Subhashan Reddy, J. 1. Thiswrit petition has been filed questioning the orders of the Chief Executive Officer, Zilla Praja Parishad, Karimnagar, dated 13-5-1998 passed vide his proceedings No.A12/3667 of 1997.2. The petitioner was elected as a member of the Mandal Praja Parishad Territorial Constituency, Potharam village. There is a provision under Section 19(3) of A.P. Panchayat Raj Act, 1994 disqualifying the elected member, if he has more than two children. Even if a person before election has got two children, but begets third child after the election, such person is liable to be disqualified. The said provision has been incorporated in view of the population explosion which is beyond imagination. The population of this country was just 30 crores around 1950 and it rose to 60 crores by 1980 and before we enter into the third millennium, it will be one billion, and in fact, it was already stated that we are one billion population. As stated by Dr. Malthus way back in 18th Ce...
Mohd. Zaheer Ahmed Vs. Depot Manager, Apsrtc and Others
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(5)ALD716; 2000(2)ALT400
ORDER1. The petitioner's father was employed as a driver in Andhra Pradesh State Road Transport corporation. On 10-2-1993 the petitioner's father submitted an application to permit him to retire from service on medical grounds. By a letter dated 15-3-1993 he was permitted to retire on the ground of medical invalidation. But unfortunately a few days thereafter the petitioner's father died on 27-3-1993. Thereafter in the month of April, 1993 the petitioner submitted an application for providing him with a compassionate appointment as conductor. The said application was forwarded by the first respondent to the second respondent for consideration vide letter dated 24-9-1993. Thereafter there was no further communication from the respondents. The petitioner after waiting for nearly five years has filed the present writ petition on 3-12-1998 seeking writ of mandamus declaring the inaction of the respondents in not considering his case for appointment on compassionate grounds as highly arbitr...
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