Andhra Pradesh Court December 2000 Judgments
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Ramireddy S. and ors. Vs. A.P. Foods and ors.
Court: Andhra Pradesh
Decided on: Dec-18-2000
Reported in: 2001(1)ALT356; (2001)ILLJ1247AP
S.B. Sinha, C.J. 1. This appeal arises out of a Judgment and Order dated July 20, 1999 passed by the learned single Judge of this Court in Writ Petition No. 11462 of 1996 whereby and whereunder the writ petition filed by the appellant herein seeking for issuance of a writ or direction in the nature of a Mandamus directing the respondents herein for regularising their services, was dismissed, directing thus: 'The petitioners who are 13 in number have filed this writ petition claiming for regularisation of their services in terms of G.O.Ms. No.212 dated April 22, 1994 with consequential benefits. The petitioners are working as Hamilies in A.P. Foods, Nacharam, which is a society registered under the Societies Act, but it is wholly owned by the Government. This Court in Md. Chand Pasha v. A.P. Foods, I.D.A., Nacharam 1998 (1) ALT 196 clearly held that the workmen working in a factory run by the A. P. Foods are not entitled to claim regularisation of their services under G.O.Ms. No.212 dat...
D. Raju Vs. A.P.S.E.B. and ors.
Court: Andhra Pradesh
Decided on: Dec-18-2000
Reported in: 2001(3)ALT520a
S.B. Sinha, C.J.1. Having regard to the fact that both the wives of the deceased employee, whose dependent the appellant was, had entered into a compromise, we feel no reason as to why the case of the appellant herein shall not be considered for grant of appointment on compassionate ground ignoring the ground stated in Memorandum dated 27-7-1993, irrespective of the fact as to whether such application is barred by limitation or not. Such consideration may be made by the appropriate authority in accordance with law at an early date, preferably within eight weeks from the date of communication of this order.2. The Writ Appeals are allowed accordingly....
M. Mohan Babu Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Dec-17-2000
Reported in: 2001(1)ALD263; 2001(1)ALT490
ORDERB.S.A. SWAMY, J.1. The petitioner one Mr. Mohan Babu, a popular Cine Artist and a former member of the Rajya Sabha filed this writ petition questioning the order passed by the third respondent in letter No.SB No.121/XI-CTR of 2000 dated 31-7-2000 rejecting his request stating as under:'The threat perception in your case was reviewed by the Secuity Review Committee and decided to withdraw the secuiry, as there is no threat to your life from CPI (ML) PWG or any other known source. Therefore, the secruity cover provided to you is henceforth withdrawn. For your information. Supdt. Of police Chittoor 31-7-2000. 2. From the averments made in the affidavit filed in support of the writ petition, it is seen that initially the petitioner joined the politics in the year 1982 inspired by late Sri N.T. Rama Rao and he became the member of the Rajya Sabha in the year 1995. During the split-up of Telugu Desham party, he joined the Hon'ble Chief Minister. Thereafter, he developed some rift with M...
Principal Collector of Central Excise, Hyd. and Others Vs. Andhra Ceme ...
Court: Andhra Pradesh
Decided on: Dec-16-2000
Reported in: 2001(1)ALD412; 2001(1)ALT337
ORDERBILAL NAZKI, J. 1. It is pointed out that the learned single Judge has passed an order in CMP Nos.16892 of 2000 and 20224 of 2000. Both these application relate to an order of stay passed by the Court. It appears that an exparte order has been passed, which has been confirmed after hearing both sides when a vacate stay petition was filed. 2. On perusal of the record, it is found that the appeal itself is still to be taken on record. The appeal has been filed beyond time and an application seeking condonation of delay has also been filed. There is a delay of 59 days in filing the appeal. 3. We are of the view that before registration of the appeal and before deciding the application seeking condonation of delay, orders in these civil miscellaneous petitions should have not been passed. This position of law is conceded even by the learned Counsel appearing for the respondent. 4. Therefore, without going into the merits of the appeal, we allow this appeal, set aside the order of the ...
Swapna Constructions, Hyd. Vs. Superintending Engineer, Srisailam and ...
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD219; 2001(1)ALT324
ORDER1.The petitioner claims to be a registered Firm having Special Class Registration for executing contracts in earth work fabrication and erection of steel structures etc. and claims to have successfully completed several high value contract works in the State Government and Government Corporations.2. On 2-1-2000, in the first instance, the 1st respondent issued tender notice calling for tenders in respect of the work, viz., 'SLBC Lift Scheme, fabrication and erection of steel structures, such as gates, blockout, E.M. parts service gates etc., at their Akkampalli balancing reservoir, P.A. Pally Mandal, Nalgonda District'. The approximate value of the work is Rs.296 lakhs, EMD payable is Rs.2.96 lakhs and the period of completion of work is nine months. The petitioner and others filed their tenders and on 22-1-2000 when the tenders opened, the price of the bid of the petitioner was not opened. Ultimately, the respondents cancelled the tender notice dated 2-1-2000, on the ground that ...
Sk. Ahmed Vs. Labour Court, Guntur and Another
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD180; 2001(1)ALT3; (2002)IVLLJ342AP
ORDER1. The petitioner in the instant writ petition challenges the award dated 8-3-1995 in ID No. 21 of 1990 passed by the Labour Court, Guntur insofaras it is against the petitioner in denying the continuity of service and back wages. 2. Before adverting to the question relating to the legality and validity of the award, it may be necessary to briefly notice the relevant facts: The petitioner herein is a driver in Andhra Pradesh State Road Transport Corporation. He was kept undersuspension pending enquiry by an order dated 25-3-1989 alleging that on 9-3-1989 when the petitioner was driving the bus on the route Guntur to Repalle, met with fatal accident at the outskirts of Ponnur due to his rash and negligent driving and due to lack of anticipation. The second respondent accordingly has issued a charge sheet dated 28-3-1989 with the following charges: 1. For your rash and negligent driving the vehicle No. AAZ-8865 on route Guntur - Repalle which was culminated in fatal accident caused ...
M.V.B. Sarma and Others Vs. Andhra Pradesh Housing Board
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD193; 2001(1)ALT228
ORDER1. The respondent-Andhra Pradesh Housing Board invited applications from the interested persons in the year 1979 for allotment of MIG houses in Phases I and II near Kukatpally, Hyderabad. The tentative amount of Rs.41,800/- per each house was specified at that time. However, the price was revised to Rs.65,000/- eventually during the progress of the construction of the houses. The houses were finally allotted and handed over to the petitioners in the year 1985. The allottess were required to deposit 30% of the amount towards tentative cost and execute the Lease cum-Sale Agreement and also undertake the schedule of payment. There is no dispute whatsoever that all the petitioners herein have paid 30% of the tentative cost and accordingly entered into an agreement with the respondent-Housing Board. We need not, in detail, notice the terms and conditions of the Lease-cum-Sale Agreement.2. It is an admitted fact that after a period of almost nine years of the allotment, the Housing Boar...
Vaka Punnamma Vs. Yadavali Jurala Narasimham
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD306; 2001(1)ALT362
ORDER1. This civil revision petition is directed against the judgment and order dated 6th November, 1997 passed by the District Munsif, Nandigama, in EPNo.36 of 1993 arising out of OS No.42 of 1987 whereby and whereunder an application for attachment of the property filed by the decree holder-opposite party in terms of Order 21 Rule 54 and Order 21, Rules 64 and 66 of the Code of Civil Procedure, was disposed of directing as follows: 'Perused the evidence on record and as per the evidence of PW1, the property under attachment was assigned to the J.Dr. in the year 1980 and since 10 years is elapsed. She has got salable interest and therefore the property is liable for sale. Whereas RW1, the son of J.Dr. deposed to the effect that the J.Dr. has no salable interest in the property in question since it was assigned by the Government As per the evidence from both sides no doubt the property under attachment was assigned to the J.Dr. But since already 10 years ceiling period is elapsed from ...
Bonam Venkata Satyanarayana Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD408; 2001(1)ALT336
ORDER1. This Application is directed against an order dated 14-7-1997 passed by the Land Reforms Appellate Tribunal-cum-IV Additional District Judge, East Godavari District, Kakinada, in LRA No. 114 of 1992.2. The short question which arises for consideration in this application is as to whether without service of a notice under Section 9 of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the impugned order could have been passed by the Land Reforms Appellant Tribunal, Kakinada, in terms of Section 10(4) thereof.3. Section 9 and Section 10 (4) of the Act, which are material for the present purpose, read thus:'9. Determination of ceiling area :--The Tribunal shall on receipt of the declaration furnished or information obtained under Section 8, publish the same, and make an enquiry, in such manner as may be prescribed, and pass order determining whether the person holds or is deemed to hold on the notified date an extent of land in excess of the ceiling area and...
Joga Ravi Vara Prasad Vs. Commissioner, Mandapeta Municipal Council, M ...
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD396; 2001(1)ALT456
ORDER1. This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondent in issuing the proceedings ROC No.373/99 C3, dated 1-11-2000 in disqualifying the petitioner from the post of Municipal, Councillor for 18th ward of Mandpeta Municipality, Mandapeta, East Godawari District as illegal and arbitrary and consequently to set aside the same and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.2. It is submitted that the petitioner was elected as Municipal Councillor for the 18th Ward of Mandapeta Municipality, Mandapeta, East Godavari District during the elections held in the month of March, 2000. While so, he was convicted for the offence under Section 34(a) of A.P. Excise Act in CC No.88 of 1992 on the file of the Judicial First Class Magistrate, Alamuru and was sentenced to undergo imprisonment for six months which was confirmed in appeal by this Court. The respondent-Commissioner has re...
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