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Andhra Pradesh Court November 2000 Judgments

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Nov 17 2000

K. Narasimha Vs. Transmission Corporation of Andhra Pradesh Limited an ...

Court: Andhra Pradesh

Decided on: Nov-17-2000

Reported in: 2001(2)ALT202

ORDERI. Venkatanarayana, J.W.P.No. 11327 of 2000 has been filed by the petitioner K. Narasimha, a registered contractor, for issue of a Writ of Mandamus questioning the letter No. CE/TL&SS;/ VJA/Tech/F/93/D.No. 152/2000 dated 12-6-2000 of the 3rd respondent cancelling his tender in respect of maintenance work of Extra High Tension Lines and Sub-Stations in Krishna District for the year 2000-2001 and allotting the same to the 5th respondent as illegal and arbitrary.2. W.P.No. 12804 of 2000 has been filed by the petitioner M/s. Sai Power Constructions, a partnership firm engaged in the electrical contract works, challenging the letter No. CE/TL & SS/VJA/Tech./ F.93/D.No. 704/2k, dated 30-6-2000 of the 3rd respondent accepting the tender of M/s. Surya Associations, respondent No. 5 herein and entrusting the contract work relating to maintenance of EHT Lines and Sub-Stations in Krishna District for the year 2000-2001 to it as illegal and arbitrary.3. Since both the Writ Petitions arose out...


Nov 17 2000

Janata Fertilisers Depot Vs. Mandadi Satyanarayana Reddy and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Nov-17-2000

P. Ramakrishnam Raju, President: 1. The opposite parties 1 and 2 in CD. No. 456/1995 on the file of District Forum, Warangal are the appellants in FA. No. 197/2000 and FA. No. 201/2000 respectively. The first opposite party in CD. No. 457/2000 on the file of the same District Forum is the appellant in FA. No. 501/2000. The complainant as well as the first opposite party are common in both the CDs. While Cargil Seeds India Private Ltd., is the second opposite party in CD. No. 456/95 and Omega Ag. Seeds India Ltd., is the second opposite party in CD. No. 457/95. Both the CDs. were disposed of by a common order. Hence these three appeals are also disposed of by a common order. The parties will be referred to as arrayed in the CDs. 2. The allegations in CD. No. 456/1995 are that the complainant owns Ac. 1-30 gts. in S. No. 959 situated at Ippagudem Sivar of Ghanpur (Stn.) Mandal District. The first opposite party No. 1 has been dealing in sale of seeds, pesticides and fertilizers. The comp...


Nov 16 2000

B. Mariyamma Vs. Apsrtc, Musheerabad, Hyd. and Others

Court: Andhra Pradesh

Decided on: Nov-16-2000

Reported in: 2001(1)ALD95; 2001(2)ALT226

ORDER1. At the admission stage itself counter is filed, pleadings are completed and both the Counsel agreed for disposal of the main case.2. The petitioner is the wife of late A.S.S. Raju who died in harness on 22-10-1998 while working as Driver in the respondents' Corporation. The petitioner filed a representation before the Regional Manager, Cuddapah seeking appointment on compassionate ground under 'Bread Winner Scheme'. It appears that the case of the petitioner was considered for the post of Conductor but she submitted representations on 19-4-2000 and 29-4-2000 stating that she is not entitled for the post of Conductor as she studied only upto 5th Class and for seeking appointment under 'Bread Winner Scheme' the minimum qualification for the post of Conductor is 8th class. Therefore, she requested the respondents to consider her candidature for the post of Cleaner (Shramik). The 2nd Respondent by impugned proceedings dated 22-6-2000 rejected her request stating that she is not ent...


Nov 16 2000

Chinni Veeraiah and Another Vs. Nellore Municipality, Nellore District

Court: Andhra Pradesh

Decided on: Nov-16-2000

Reported in: 2001(1)ALD35; 2000(6)ALT594

1. The petitioners claim to be the owners of land in CAS No.256/2B of Nellore town admeasuring Acs. 1-02 1/2 cents. They filed the present writ petition seeking a declaration that the action of the Nellore, Municipality in laying roads and drains in the said private land of the petitioners is arbitrary and illegal. 2. This Court after issuing notice before admission on 18-3-1997, ordered Rule Nisi on 3-9-1998 and on the same day passed orders in WP MP No.6092 of 1997 directing the respondents not to interfere with the possession and enjoyment of the petitioners' land. 3. The respondent-Municipality has now filed an application being WV MP No.3032 of 2000 praying to vacate the interim order dated 3-9-1998. 4. As the submissions made for the purpose of interlocutory applications WV MP No.3032 of 2000, WPMP No.6092 of 1997 and the main writ petition are similar, the main writ petition is taken up for hearing with the consent of the respective Counsel. 5. It is the case of the petitioners ...


Nov 16 2000

Ahmed Abdul Saleem and Others Vs. Ahmed Abdul Sumeer and Others

Court: Andhra Pradesh

Decided on: Nov-16-2000

Reported in: 2001(1)ALD175; 2001(1)ALT250

ORDER1. This revision arises out of the order dated 5-7-2000 in OS No.13 of 1998 on the file of the Court of Junior Civil Judge, Armoor.2. First respondent herein filed the suit against the appellants and respondents 2 to 9 for partition of his share in the plaint schedule property. Revision petitioners, who are defendants 1 to 9, 11 and 12, filed a written statement admitting the claim of the first respondent/plaintiff. On behalf of respondents 2 to 9, who are defendants 10 and 13 to 19, respondents 13 to 19 filed a separate written statement contesting the claim of the first respondent/plaintiff. Issues were framed on 6.11.1988. Thereafter the suit was being adjourned and was posted finally to 21-7-2000 for trail. On IA No.104 of 2000 filed by the fourth respondent herein, who is defendant No. 14 in the suit, the suit was advanced to 5-7-2000 from 21-7-2000. On 5-7-2000 first respondent (plaintiff) filed a memo that he does not wish to prosecute the suit. Therefore, the suit was dism...


Nov 15 2000

B. Veera Reddy Swamy Vs. Station House Officer, Kolimigundla Police St ...

Court: Andhra Pradesh

Decided on: Nov-15-2000

Reported in: 2001(1)ALD9; 2001(1)ALT83

1. In all these writ petitions, one B. Veera Reddy Swamy is the petitioner. He is aggrieved by the action of the respondents in interfering with his alleged right and interest in 'Belum Caves' situated at Belum village of erstwhile Koilkuntla Taluk in Kurnool District, which, after bifurcation, is now within the Revenue jurisdiction of Kolimigundla Mandal. It is, therefore, proper to dispose of all the writ petitions by a common order.2. Briefly stated, the facts relevant for considering the controversy raised by the petitioner are as follows: One Englishman Mr. Robert Bruce Foote surveyed the Caves in Belum village in 1884, as recorded by Geological Survey of India, Calcutta, 1884. Extensive research was conducted by that Englishman, which was followed by a survey to a length of 300 metres into the Cave by one Krishna Murthy in 1914. In 1981-82, a German team of Geologists and in 1983-84 a Seismologist Herbert Daniel Gebauer explored the 'Belum Caves' to a length of 3,225 meters. Afte...


Nov 14 2000

East India Pharmaceutical Works Ltd. Vs. Additional Industrial Tribuna ...

Court: Andhra Pradesh

Decided on: Nov-14-2000

Reported in: 2001(1)ALD28; 2000(6)ALT419; [2001(89)FLR59]; (2000)IIILLJ282AP

ORDER1. This writ petition is filed seeking a writ of mandamus restraining respondent No.1 namely, Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad, from giving effect to the order dated 6-1-1996 passed by it in IA No.267 of 1996 in MP No.21 of 1995.2. On 31-1-1996, while admitting the writ petition, this Court in WP MP No.1911 of 1996, granted interim stay of operation of the order passed in IA No.267 of 1995. Respondent No.2 after receiving the notice in the writ petition, filed an application being WV MP No.2947 of 2000 on 7-11-2000 praying to vacate the stay order passed by this Court on 31-1-1996.3. When the miscellaneous applications came up for hearing, the learned Counsel for the petitioner Sri. K. Srinivasa Marthy and Ms. Uma as well as respondent No.2 appearing as party-in-person requested that the matter be disposed of finally. Accordingly, the matter was heard on 9-11-2000 and 13-11-2000.4. This order shall dispose of the writ petition finally.5. On Sri...


Nov 14 2000

Madduru Obulapathi Vs. State of A.P. and ors.

Court: Andhra Pradesh

Decided on: Nov-14-2000

Reported in: 2001(1)ALT544

Elipe Dharma Rao, J.1. This appeal was filed by the Plaintiff against the Judgment and decree dated 30-7-1986 in O.S. No. 55 of 1984 on the file of the Subordinate Judge, Proddatur, dismissing the suit of the plaintiff.2. The facts set out in the plaint are briefly narrated as under:The plaintiff was a L2 licensee granted by the 2nd defendant on 19-7-1972 for the purpose of pharmacy that was being run by him under the name and style of Krishna Ayurveda Pharmacy at Proddatur town, Cuddapah district, engaging in manufacture of Drakshasava and Draksharista, initially for a period of one year after having been satisfied that he had complied with all required conditions contemplated under the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 (hereinafter for brevity referred to as 'the Rules'). The licence of the plaintiff was being renewed from year to year till 1976 and he had also applied for renewal of licence for the year 1976-77. The Sub-Inspector of Excise, Proddatur, by ...


Nov 13 2000

Rayapati Venkateswar Rao Vs. Mantai Sambasiva Rao and Another

Court: Andhra Pradesh

Decided on: Nov-13-2000

Reported in: 2001(1)ALD435

ORDER1.The appellant-applicant filed this appeal having aggrieved by the order dated 20-2-1996 passed by the Commissioner for Workmen's Compensation, I Circle, Guntur in WC No.8 of 1995 which was filed by the applicant claiming an amount of Rs. 1,15,000/- towards compensation for the injuries sustained by him in a motor vehicle accident occurred on 18-12-1994 during course of his employment. The brief facts of the case are as follows:2.The applicant was working as cleaner on the lorry AAE 7999 owned by the Opposite Party-1, that on 18-12-1994 while the applicant during course of his employment was proceeding in the lorry AAE 7999, the driver of the vehicle drove at high speed in a rash and negligent manner and without taking proper care and as a result the brakes of the lorry failed and the lorry turned turtle and the applicant received grievous injuries to his right leg and operations were conducted to his right leg and steel rods were inserted and he underwent treatment as an inpatie...


Nov 13 2000

C. Ramesh Vs. Apsrtc, Hyderabad and Others

Court: Andhra Pradesh

Decided on: Nov-13-2000

Reported in: 2001(1)ALD407; 2001(1)ALT137

ORDERN.Y. Hanumanthappa, ACJ1. Aggrieved by the judgment passed in WP No.14809 of 2000 dated 10th August, 2000 by the learned single Judge dismissing the writ petition, this present writ appeal has been preferred by the writ petitioner-appellant herein.2. The facts that lead to the filing of the writ petition are that during the selectionsheld in September, 1988 for the posts of Driver in the APSRTC, writ petitioner was selected by the Selection Committee for appointment to the post of Driver and he was sent to training also. He also completed the training within the stipulated period. While, so, he received a notice dated 4-4-2000 from the third respondent informing that the license (sic 'is found not genunine'). Aggrieved by the action the Corporation, the petitioner filed the above writ petition. The learned single Judge having considered all the aspects minutely, did not find any merits in the writ petition and accordingly dismissed the same. Aggrieved by the same, the writ petitio...


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