Andhra Pradesh Court August 1999 Judgments
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G. Seshaiah Vs. Land Acquisition Officer and Revenue Divisional Office ...
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 1999(5)ALD488
1. Heard the learned Counsel for the petitioner, the learned Government Pleader and Sri V. Raghunatha Reddy, learned Counsel appearing forrespondent No.2. 2. At the stage of vacate stay petition - WV MP No.482 of 1999, all the learned Counsel agreed for final adjudication on merits. Hence this order.3. This writ petition is filed questioning the entire proceedings under the Land Acquisition Act (for brevity 'the Act'), for purpose of acquisition of Ac.5-00 cents out of Ac.7-27 cents in S.No.266/2 situated in Parvathapuram Municipality of Adoni Mandal, Kurnool District.4. The contention of the petitioner in brief is that the petitioner along with others constitute a Joint Hindu Family owning Ac.7-27 cents in Survey No.266 at Parvathapuram Municipal limits in Adoni Mandal, Kurnool District. While so, the first respondent issued a notice on 3-5-1997 in the name of the father of the petitioner under sub-section (3) of Section 9 of the Act relating to an extent of Ac.5-00 from a total exten...
K.S.S.N. Sarma Vs. State Bank of India, Bombay and Others
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 1999(5)ALD428; 1999(5)ALT742; (2000)IILLJ482AP
ORDERGoda Raghuram, J.1. This appeal is directed against the judgment dated 3-8-1998 dismissing Writ Petition No. 15620 of 1998. The parties are referred to as arrayed in the writ petition.2. The writ petitioner was an officer of the State Bank of India. While working as Branch Manager at Basanthnagar Branch he was chargesheeted for irregularities reported to have been committed by him in the sanctioning and conduct of advances and for demanding and accepting illegal gratification from the borrowers during his service at the said Branch. Pursuant to an inquiry, the inquiring officer submitted an inquiry report holding the petitioner guilty of the charges alleged except Charge No. 1 (a) and 1(c). A copy of the report having been communicated to the petitioner, he submitted his reply thereto. The disciplinary authority after obtaining the approval of the Chief General Manger, who was the appointing authority, passed final orders on 2-9-1992 imposing the penalty of 'removal from service' ...
Crane Betel Nut Powder Works, Guntur Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 1999(6)ALD30
ORDERN.Y. Hanumanthappa, J.1. Thepetitioner has filed this writ petition seeking the reliefs to (i) declare the Entry 158(a) of the 1st Schedule to the A.P. General Sales Tax Act, 1957 so far as it imposes higher rate of tax on the Betel Nut Powder imported from other States or Betel-Nut Powder manufactured from out of Arecanut which has not suffered tax under the A.P. General Sales Tax Act, 1957 while imposing a lower rate of tax on Betel Nut powder if the arecanut has suffered tax in the State, as illegal, discriminatory and violative of Articles 301 to 304 of the Constitution of India; (ii) direct the 2nd respondent to levy tax at the rate applicable under Item 158(b) of the 1st Schedule to the A.P. General Sales Tax Act, 1957 in respect of sales of Betel Nut Powder by the petitioner and (iii) direct the respondents to refund the excess tax of Rs.2,51,93,646/- paid by the petitioner during the assessment year 1991-92 to 1994-95 by setting aside the Assessment order dated 15-5-1995, ...
Yelisetti Sitayya and Others Vs. Superintending Engineer, Pwd, Randb C ...
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 1999(6)ALD196
1. This appeal is filed against the order passed by the learned Subordinate Judge, Tadepalligudem, dated 30-9-1986 in OP No.3 of 1984.2. Brief facts : For the purpose of improving the Koderu-Nallajarla Road (Narsapur-Aswaraopet Road) from KM. 22.00 to 59.50 (sub-work from K.M. 42 to 47), there was an agreement entered into in between the 1st appellant, who is a contractor, and the respondents-authorities, as per Agreement No.65/73-74. The estimated value of the work is Rs.20 lakhs and odd. The site was handed over to the petitioner on 13-3-1974. As per the agreement, the work should be completed by 12-3-1975. But, the 1st appellant-contractor could not complete the work within the said period. Therefore, the contract was terminated by the respondent-authorities on 22-2-1975. Thereafter, the contractor raised a dispute, which was referred to an arbitrator (i.e., 5th respondent herein). The arbitrator entered into reference, heard the parties and passed an award on 17-4-1978 rejecting th...
S. Narasimha Rao Vs. A.P.S.R.T.C. Rep. by Its Vice-chairman and Managi ...
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 2000(1)ALT749
ORDERS.R. Nayak, J.1. Rule Nisi, Sri. V.C. Ramulu, learned Standing Counsel for A.P.S.R.T.C., took notice for the respondents. The Writ Petition was heard finally with the consent of learned Counsel for the parties. 2. The petitioner is a delinquent against whom disciplinary proceedings are initiated by the respondent management. After receipt of the finding from the Enquiry Officer, a copy of the enquiry report was supplied to the delinquent/ petitioner and he was given an opportunity to submit his reply. The petitioner submitted his reply also. On consideration of the reply of the petitioner, the impugned second show-cause notice dated 19-7-1999 is issued proposing to impose penalty of removal from service as a disciplinary measure. It appears that on earlier occasion similar notice was issued on 11-5-1998 and the validity of the same was subject matter of judicial review before this Court in W.P.No. 17151 of 1998. A copy of the final order passed by this Court dated 21-6-99 in the a...
Commissioner for Survey, Settlements and Land Records Vs. V. Appanacha ...
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 1999(6)ALT761
Goda Raghuram, J.1. The Commissioner for Survey, Settlements and Land Records, Government of A.P., has filed this appeal aggrieved by the judgment dt. 28-1-1997 in W.P.No. 18965/93. The 1st respondent herein filed the writ petition assailing the appellant's proceedings VI /240/1986, dt. 22-9-1993, which is a show-cause notice initiating suo motu enquiry Under Section 14-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956.2. The facts, according to the writ petitioner, leading to the writ petition are, in brief, as under:(a) The writ petitioner claims to be the absolute owner of certain specified extents of land in respect of which he was granted ryotwari patta in the years 1961 and 1978 by the Special Deputy Tahsildar (Inams), Kandukur, Under Section 7 of the Act.(b) By proceedings dt. 22-9-93 (impugned in the writ petition) the writ petitioner was called upon to show-cause as to why the orders of granting of pattas in respect of Sy.Nos. 126/1...
N. Narayana Reddy Vs. Gadibavi Rama Subba Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-06-1999
Reported in: 2000(1)ALT69
ORDERG. Bikshapathy, J.1. The C.R.P. is filed against the orders of the learned Junior Civil Judge, Tadipatri in LA. No. 78/99 in O.S. No. 280/97, dated 16th March, 1999. 2. Petitioner is the defendant. He filed an application under Order 13 Rule 2 of C.P.C. praying the Court to receive the certified copies of certain documents by condoning the delay. The learned Judge dismissed the same on the ground that these documents are irrelevant and hence they cannot be accepted. But, only to the extent of document No. 5, the application was allowed, the rest of the documents were refused to be accepted, against which the present C.R.P. is filed. 3. The learned Counsel for the petitioner submits that the application is only filed under Order 13 Rule 2 C.P.C. for receiving the documents by condoning the delay, but the learned Judge went into the aspect of admissibility of the evidence under Section 43 of the Indian Evidence Act, which is not the domain while considering the matter under Order 13...
United India Insurance Co., Ltd., Madras and Others Vs. Sri Balaji Den ...
Court: Andhra Pradesh
Decided on: Aug-05-1999
Reported in: 2000(1)ALD189; 1999(6)ALT231; [2001]103CompCas58(AP)
ORDERS.V. Maruthi, J 1. This appeal arises out of a suit in OS No.84 of 1990 on the file of the Additional Subordinate Judge, Tirupathi. The defendant is the appellant. The plaintiff filed the suit for recovery of Rs.5,22,762.50 being the principal and interest due on a policy bearing No.51201/ 01/05849 dated 12-12-1987 and also on additional policy as on 4-11-1987 for an amount of Rs. 1,29,105/- with further interest at the rate of 15 per cent from the date of suit till the date of realisation and also for costs.2. The averments made in the plaint in brief are as follows:Originally the plaintiff had M/s. Sri Balajj Dental Laboratory at 90-A, ground floor which is an extension of 70, Gangundramandapam lane, Tirupathi facing into Theerthakatta Street from 19-2-1982 onwards. The owner of the said premises was one J. Nanda Kumar son of J, Srinivasulu. The owner of the premises bearing D No.90 upstairs including the ground floor was Smt. S. Lakshmi wife of Chenga Reddy. The plaintiff soon ...
V. Jyothiramay Vs. Secretary, Board of Intermediate, Hyd. and Another
Court: Andhra Pradesh
Decided on: Aug-05-1999
Reported in: 2000(3)ALD626; 2000(2)ALT144
ORDER1. The petitioner who appeared for Intermediate II year examination from Bapatla Junior College, filed this writ petition by contending that she is a meritorious student, but as per the marks list furnished by the Intermediate Board she failed in Maths, Physics and Chemistry and she is suspecting that her papers might have been changed. Hence, she sought for a direction to the respondents to produce the answer sheets of her bearing hall ticket No.7144355 before this Court. My brother Sri Chelameshwar, J., directed the Intermediate Board by his order dated 13th July, 1999, to produce her answer papers before the Court. Today her answer papers are produced and the petitioner appeared before the Court and verified the answer scripts. She admitted that the answer scripts belonged to her and she also admitted thatall the questions answered by her were valued by the valuation Officer. Hence, the apprehension of the petitioner has no legs to stand and the writ petition has to fail.2. Cou...
Y. Ravindranath Varma Vs. Managing Director, Apsrtc, Hyd. and Another
Court: Andhra Pradesh
Decided on: Aug-05-1999
Reported in: 2000(4)ALD593; [2000(86)FLR920]
ORDER1. The petitioner was appointed in the respondent's Corporation on 6-7-1977 as Welder in Zonal Workshop of Cuddapah. There was a settlement between the workmen and the Corporation dated 19-10-1997 coming in the purview of Section 12(3) of the Industrial Disputes Act, 1947. One of the terms of the settlement was that :'17. It was agreed to amend Recruitment Regulations, subject to Government's approval, to provide for further age relaxation to all departmental candidates upto 45 years of age with reference to service put in by them in the Corporation for making eligible to direct recruitment posts.'It can be seen from the above that the Corporation agreed to amend the Recruitment Regulations thereby permitting all the departmental candidates upto the age of 45 years to seek appointment for any post which is filled up by direct recruitment by the Corporation. However, the said term was made subject to the approval of the Government. The proposals were placed before the Government an...
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