Andhra Pradesh Court December 2000 Judgments
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Banderu Seethamma Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(2)ALT4
ORDERSatyabrata Sinha, C.J.1. This appeal is directed against the judgment dated 4th September, 1998 passed by a learned Single Judge of this Court in W.P.No: 24992/98 whereby and whereunder the writ application filed by the petitioner was dismissed holding:'The petitioner claims to be in actual possession and enjoyment of the land situated in R.S. Nos. 20/2B, 20/3, 21/1 of an extent of Acs. 1-88 cents of Jainavarigudem village, Buttaigudem Mandal. According to the petitioner, the respondent-Revenue Authorities highhandedly interfered with the petitioner's possession and enjoyment of the aforementioned lands. If this petitioner is the owner and occupier of the lands in question and if the respondent-revenue authorities without any right or interest interfere with the petitioner's properties, it is open to the petitioner to invoke private law review against the respondents by instituting suit in the jurisdictional agency Court. It is repeatedly said by the Courts that a petition under A...
Varre Venkata Ramana Jaganmohan Rao and ors. Vs. Joint Collector and D ...
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(3)ALT508
ORDERGoda Raghuram, J.1. The petitioners assail the order of the 1st respondent dt. 24-1-1990 whereby the respective Social Status Certificates granted to them by the Tahsildar, Yellavaram, declaring them as belonging to Konda Kapu community, have been cancelled.2. All the petitioners are brothers being sons of one Varre Ayyappa Naidu. It would appear that the earliest known ancestor in the male line of the petitioners one Varre Ayyappa Naidu had two sons - Veeraiah and Venkata Narasaiah. Veeraiah had a son by name Krishnamurthy, who in turn had four sons-Apparao, Satyanarayana, Paparao and Ramarao. The other son of Ayyappa Naidu, Venkata Narasaiah had a son by name Ayyappa Naidu, the father of the petitioners herein. This Ayyappa Naidu had 8 sons, the petitioners herein who are six in number and two others Satyanarayana and Suryanarayana.3. The petitioners assert that they are all native of Pidatamamidi village since their ancestors from 1830 and that all their education records as we...
Margadarsi Chit Fund Co., Ltd., Warangal Vs. Sd. Fayazuddin
Court: Andhra Pradesh
Decided on: Dec-21-2000
Reported in: 2001(1)ALD322; 2001(1)ALT541
ORDER1. In these two revisions, the petitioner-plaintiff, a chit fund company, seeks to challenge the orders in IA No.214 of 1999 in OS No.305 of 1998 dated 17-4-1999 on the file of the Principal Senior Civil Judge at Warrangal and in IA No.1839 of l999 in OS No.61 of 1999 dated 26-10-1999 on the file of the I Additional Junior Civil Judge at Eluru, dismissing the applications purported to have been filed under Order 38, Rule 5 CPC seeking attachment as against the amounts of surety.2. In the first revision, the petitioner-plaintiff filed the suit for recovery of amount of Rs.3,60,980/- from the defendant No.1 towards recovery of the prize amount withdrawn in chit No.LT5TW-27 in view of default in payment of instalments. As per agreement dated 17-1-1998, the defendants 2 to 5 stood as sureties. In an independent chit No.LTO5TW-31, the second defendant after subscribing for 23 months, committed default in paying the instalments from 24th instalment. Hence', as per the terms therein and ...
Emco Limited and Another Vs. Transmission Corporation of A.P. Limited, ...
Court: Andhra Pradesh
Decided on: Dec-20-2000
Reported in: 2001(1)ALD357; 2001(1)ALT299
ORDER1. The scope of judicial review under Article 226 of the Constitution of India in the matter of distribution of largesse by the State and its authorities falls for consideration in the present writ petition. 2. The present writ petition has been filed by the petitioners-M/s. Emco Limited for issue of a writ of mandamus questioning the action of the 1st respondent in issuing Letter of Intent in favour of the 2nd respondent pursuant to the tender notice dated 19-1-2000 in respected of Package NO.W3/APTRANSCO/DIST/RS-15 for Single Phase Electronic Energy Meters in a Pilfer Proof Box as illegal and void andconsequently to direct the 1st respondent to award the said Project for Single Phase Electronic Energy Meters in Pilfer Proof Box to the first petitioner. 3. The factual matrix leading to the filing of the present writ petition is set out as hereunder: The 1st writ petitioner is a company incorporated under the Companies Act and is a manufacturer of transformers and meters in India ...
T.L. Umamaheswara Rao Vs. Chairman and Managing Director, Ecil, Hydera ...
Court: Andhra Pradesh
Decided on: Dec-20-2000
Reported in: 2001(1)ALD415; 2001(1)ALT535
ORDER1. This writ petition under Article 226 of the Constitution of India seeks to challenge the order of the 2nd respondent dated 23-5-1998 namely, Director (Technical) ECIL, Kushaiguda, Hyderabad under which being the disciplinary authority, he accepted the report of the enquiry in respect of certain charges against the petitioner and imposed the punishment of withholding of one increment with cumulative effect.2. The facts leading to this petition may be stated briefly as follows:The petitioner has been working as the Personnel Manager, Main Frame Computer Unit, ECIL. During the period in 1995-96, the petitioner is said to have committed certain irregularities in respect of his unauthorized absence without leave. The disciplinary authority decided to initiate disciplinary proceedings and accordingly an Enquiry Officer has been appointed. Five allegations have been made in the charge-sheet framed against the petitioner. The first one is related to his absence from duty for 9 days on ...
Special Category Deputy Registrar/District Co-operative Officer, Srika ...
Court: Andhra Pradesh
Decided on: Dec-20-2000
Reported in: 2001(1)ALD410; 2001(1)ALT351
ORDERS.B. Sinha, CJ1. These writ appeals are directed against a common order dated 6-4-1998 passed by a learned single Judge of this Court in Writ Petition No.11623 of 1997 and batch whereby and whereunder an order passed as against the writ petitioners by the Special Category Deputy Registrar/District Co-operative Officer, dated 20-5-1997 directing suspension of the writ petitioners was set aside. The said order reads thus:'An Inquiry under Section 51 of the APCS Act 7 of the 1964 was ordered into the affairs of the Primary Agricultural Co-operative Credit Society Limited, Rana in Jamuru Mandal in this Officer proceedings RC No.1455/97-C, dated 27-3-1997 and the Divisional Co-operative Officer, Srikakulam has been appointed as Inquiry Officer to conduct the said inquiry.The Inquiry Officer through his interim report in Rc.No.608/97-B, dated 15-5-1997 brought to the notice of the undersigned among other things that the following paid officers of the Kotabormmali Branch of the District ...
Virginia Tobacco Growers Association and Others Vs. Union of India and ...
Court: Andhra Pradesh
Decided on: Dec-20-2000
Reported in: 2001(1)ALD427; 2001(1)ALT406
ORDERB. Subhashan Reddy, J.1.Thewrit appeals are filed against the orders of the learned single Judge affirming the decision of the Tobacco Board in announcing the crop holiday relating to the Virginia Tobacco for the year 2000-2001. The writ petition has been filed in support of the cause espoused by the appellants in the writ appeals.2. Each year tobacco is grown in Andhra Pradesh and some other States like Karnataka, Orissa and Maharashtraand there are several varieties of tobacco and Virginia variety is one such. Further, there are grades in original tobacco having regard to several factors like quality of soil, crop etc.3. While there is no tobacco zone as is found relating to sugarcane cultivation, for instance, sugarcane zones ear-marked and notified under Andhra Pradesh Sugar Cane Supply Act. But, when the growers want to raise tobacco crop, be it Virginia or otherwise, they have to seek permission from the Tobacco Board (hereinafter referred to as 'the Board'). It is a misnome...
Gorla Satyanarayana Vs. Gangula Venkateswara Rao
Court: Andhra Pradesh
Decided on: Dec-19-2000
Reported in: 2001(1)ALD243; 2001(1)ALT374
ORDERBILAL NAZKI, J 1. The appellant in this case was the defendant in the suit and the respondent was plaintiff. In order to avoid any confusion the parties are referred to as plaintiff and the defendant. The plaintiff filed a suit for dissolution and rendition of accounts of a firm. The firm was sought to be dissolved with effect from 27-1-1983. The case of the plaintiff was that he along with the defendant established a Rice and Flour Mill at Muthyalapalli village and a partnership was created by virtue of written agreement on 8-10-1982. A piece of land measuring 15 cents was purchased by the defendant in his name under a registered sale deed. The defendant also secured 25 Horse power electric motor and 25 H.P. Oil engine and the mill was established by the name of Sri Laxmi Ganeswara Rice and Flour Mill. The plaintiff had to contribute Rs.69,300/- being 30% of the total investment and defendant had to contribute Rs.1,76,000/- being 70% share. The plaintiff contributed an amount of ...
G. Sunil Kumar Vs. Regional Joint Director of Technical Education, S.V ...
Court: Andhra Pradesh
Decided on: Dec-19-2000
Reported in: 2001(1)ALD385; 2001(1)ALT567
1. Mr. G. Sunil Kumar son of Chandramouli, who was minor, represented by his natural guardian - father, filed the above writ petitions to issue a writ of mandamus declaring the action of the first respondent in rejecting the claim of the minor petitioner for admission into the first year Diploma Course in Engineering Electronics (Computerisation) under Scheduled Tribe quota as highly illegal, arbitrary, void and consequently direct to grant admission to the petitioner into the First Year Diploma course in Engineering Electronics (Computerisation) under the Scheduled Tribe quota and pass such other orders, which are deemed fit and proper in the circumstances of the case. 2. The minor, aged 17 years filed the above writ petition through his father, as natural guardian, stating that they are the residents of Thimmasamudram village, Chittor district, and belong to Scheduled Tribe, Yerukula. The minor petitioner has passed SSC examination in first division in March, 1990 and sought admissio...
Managing Director, Vice-chairman, Apsrtc, Hyd. and Another Vs. M. Venk ...
Court: Andhra Pradesh
Decided on: Dec-19-2000
Reported in: 2001(1)ALD347; 2001(1)ALT371
ORDERSatya Brata Sinha, CJ1. This appeal is directed against a judgment dated 9-7-1998 passed by a learned single Judge of this Court in Writ Petition No.1885 of 1993 whereby and whereunder the writ application filed by the respondent herein was allowed. 2. The basic facts of the matter are not in dispute.' The writ petitioner was appointed as temporary Driver Grade-II with effect from 6-11-1977. He was posted at Nellore Depot, which was then in Ongole Division. He, thereafter, was posted to Kalahasti Depot, which was in Tirupati Division. The services of the writ petitioner were regularise as Driver Grade-Ii with effect from 6-11-1977. The writ petitioner filed an application for his transfer to Ongole Division in the year 1986 and basing on his representation that the would not claim his original seniority, he was permitted to join at Ongole on or about 4-8-1986. In the writ application, however, the writ petitioner-respondent contended that his seniority should be counted from 6-11-...
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