Andhra Pradesh Court April 2000 Judgments
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Commissioner of Survey, Settlements and Land Records and anr. Vs. Sara ...
Court: Andhra Pradesh
Decided on: Apr-20-2000
Reported in: 2000(4)ALT363
M.S. Liberhan, C.J.1. This order will dispose of all these appeals as they involve common question as to the maintainability of the appeals on ground of laches.2. All these Writ Appeals by the State are directed against the orders of the learned Single Judge dated 21-74988 holding that the review petitions filed by the respondents-writ petitioner-before the Commissioner, Survey, Settlements and Land Records (for brevity 'the Commissioner') seeking review of the orders of the Commissioner passed in appeal under the provisions of the Andhra Pradesh (Scheduled Areas) Ryotwari Settlement Regulation, 1970 (Regulation 2 of 1970) (for brevity 'Regulation 2 of 1970') are maintainable and directing the authorities to consider the matter afresh and dispose of the same on merits and according to law.3. The factual matrix of the case is that the respondents who are in possession of certain extent of lands in the scheduled area of Bhadrachalam taluk applied for issuance of ryotwari pattas under Sec...
Pyboina Ravindra Kumar Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-20-2000
Reported in: 1999(1)ALD(Cri)551; 2000(1)ALD(Cri)893; 2000CriLJ2564
ORDERVaman Rao, J.1. Heard both sides.This petition under Section 482, of Cr.P.C. seeks quashing the order dated 3-4-2000 of the I Additional Sessions Judge, West Godavari at Eluru passed in Crl. M.P. No. 715 of 2000 in SC No. 47 of 1997.2. It appears that after the prosecution evidence was closed and the accused was examined under Section 313 of Cr.P.C, some witnesses were sought to be examined on behalf of the accused. One Dr. Ajambaar Sutar resident of Bubaneshwar is one such witness for whom summons were got issued on behalf of the investigation and necessary expenses were deposited in the court. The witness was summoned for giving evidence as well as for producing records from City Hospital, Cuttack.3. It appears that in response to the summons, the witness sent a reply stating firstly that having retired from service, he no longer has any control over the record sought to be summoned and as to his attendance he has stated that he is suffering from Diabetes Mellitus, High Blood Pr...
V. Raja Satyanarayana and Others Vs. Osmania University, Hyd.
Court: Andhra Pradesh
Decided on: Apr-19-2000
Reported in: 2000(3)ALD565; 2000(3)ALT173
ORDER1. This writ petition is filed questioning the notification issued by the Osmania University, first respondent herein, dated 19-1-2000 calling for applications from the supplementary batch students for admission into MCA Course during the academic year 1999-2000 as illegal, arbitrary and vioiative of Article 14 of the Constitution of India.2. All the petitioners herein are graduates and they are presently studying the course of Master of Computer Applications (MCA) in various colleges. When this writ petition was filed on 24-1-2000, the first petitioner was studying first year MCA course in Osinania University Post Graduate Centre at Nalgonda; second petitioner was studying at Osmania University Post Graduate Centre at Medak; third petitioner was studying at Nishita Post Graduate College, Nizamabad; fourth petitioner was studying at Osmania University Post Graduate Centre, Mahabubnagar; fifth petitioner was studying at Osmania University Post Graduate Centre, Mahabubnagar; sixth p...
Secretary, Irrigation and Cad Department, Hyd. Vs. K. Vijayakumar and ...
Court: Andhra Pradesh
Decided on: Apr-19-2000
Reported in: 2000(3)ALD627; 2000(3)ALT147; [2000(86)FLR276]
ORDER1. This writ petition is filed by the State Government and its authorities against the award dated 31-3-1997 passed in ID No. 169 of 1994 on the file of the Labour Court III, Hyderabad. By the impugned award the Labour Court set aside the termination of the services of the petitioner with effect from 6-10-1987 and directed reinstatement of the petitioner into service with continuity of service, seniority and all other benefits. However, the Labour Court denied back wages to the petitioner. The facts that led to filing of the ID No. 169 of 1994 before the Labour Court be stated briefly as under: The petitioner was originally appointed on 21-1-1983 as Work Inspector (N.M.R.) in Nagarjunasagar Left Canal Organisation, Stores Division at Miryalaguda. Further, by the Proceedings No.LC/3.IV(1) 4401/87(A)-4, dated 16-4-1987 the Chief Engineer Nagarjunasagar Left Canal Organisation transferred the petitioner to Srisailam Left Bank Canal Organisation (for short 'SLBC'). When the petitioner...
Singh D.C. Vs. Air Officer-in-charge Personnel (Airmen), New Delhi and ...
Court: Andhra Pradesh
Decided on: Apr-19-2000
Reported in: 2000(3)ALD703; 2000(3)ALT728
ORDER1. This writ petition by the discharged personnel of the Indian Air Force. In this writ petition, the petitioner assails the validity of the action of the respondents in discharging him from service prematurely with effect from 10-11-1998.2. The petitioner joined Indian Air Force on 6-12-1979. As per the terms and conditions governing the appointment of the petitioner, in normal course, he was entitled to be continued in service for a period of twenty years, that is, upto 5-12-1999. However, Rule 15(2)(g)(ii) of the A.F. Rules, 1969 enables the administration of the Air Force to discharge an airman prematurely, that is to say, even before completion of twenty years period, if such airman is punished bythe administration of Air Force five times or more, treating such airman as a habitual offender. In the instant writ petition, there is no controversy between the parties that the petitioner was punished five times and he was treated as a habitual offender. When the matter stood thus...
Kondalagutla Chinni Krishnaiah Vs. State of A.P. Represented by Public ...
Court: Andhra Pradesh
Decided on: Apr-19-2000
Reported in: 2000(1)ALD(Cri)904; 2000(1)ALT(Cri)507; 2001CriLJ1891
ORDERB. Subhashan Reddy, J.1. Two petitions have been filed - one to quash the proceedings in C.C. No. 438 of 1995 on the file of II Metropolitan Magistrate, Visakhapatnam and another to transfer the same to some competent court in Prakasam district. The transfer application is not pressed and as such, it is dismissed.2. Sri C. Padmanabha Reddy, learned senior counsel appearing for the petitioner, who is accused No.3 in the above criminal case, submits that the third accused being a public servant within the meaning of Section 21 of Indian Penal Code and is accused of issuing a false report basing upon which the Mandal Revenue Officer (A2) has issued a certificate that A-1 belonged to Yerukala caste (Scheduled Tribe) was discharging his duties connected with his office as Revenue Inspector and as such, any accusation against him should be preceded by valid sanction under Section 197 Criminal Procedure Code and admittedly, in the instant case, such a sanction is lacking and as such, the...
G.S.K. Janardhana Rao and anr. Vs. Guntupalli Guru Prasad and anr.
Court: Andhra Pradesh
Decided on: Apr-19-2000
Reported in: 2000(1)ALD(Cri)888; 2000(1)ALT(Cri)524; 2000CriLJ2927
ORDERBSR, J.1. Our learned Brother, Bilal Nazki, J have referred this criminal petition to us, in view of two important propositions which the learned Judge has framed, namely: '1. Whether by including Municipal Commissioners in the list under Section 21 of I.P.C. it can be construed that all other employees of the Municipal Corporation are public servants? 2. Whether State legislature can identify officers as deemed public servants under section 21 of I.P.C. in the light of mandate of Article 254 of the Constitution of India?' 2. The learned Judge was of the prima facie view that there is conflict between the provisions of Indian Penal Code and that of Hyderabad Municipal Corporation, 1955. According to the learned single Judge, while Section 21 of Indian Penal Code mentions that only the Municipal Commissioner is a public servant in case of Municipal Corporation, the same is extended by Section 680 of Hyderabad Municipal Corporation Act, 1955 to include not only the Commissioner, bu...
G. Atchaiah Vs. Kakatiya University, Warangal and Another
Court: Andhra Pradesh
Decided on: Apr-18-2000
Reported in: 2000(3)ALD403; 2000(3)ALT192
ORDER1. This writ petition is filed seeking issuance of writ of certiorari to quash the order of the first respondent-University in Proceedings No.727/A2/KU/ 94/263 dated 13-6-1994 whereunder the services of the petitioner were dispensed with, with effect from 1-4-1994 on the ground that the petitioner did not report to duty even after lapse of extension period of time to complete his post doctoral research work in Germany.2. The facts are not in dispute. The petitioner was appointed as Lecturer in Pharmacy on 16-4-1991 after he underwent the process of selection. While he was on probation, he seemed to have applied for post doctoral research work (Deutsch Akademisches Austaush Dienst known as 'DAAD') in Germany. As per the prospectus of the Regensburg University, to complete the post doctoral research work the minimum period is 16 months extendable by one more year. As per the guidelines of the University Grants Commission, a person selected to do this post doctoral research work will...
Secretary Board of Intermediate Education, Hyderabad Vs. S. Srivalli a ...
Court: Andhra Pradesh
Decided on: Apr-18-2000
Reported in: 2000(3)ALD474
ORDERV.V.S. Rao, J. 1. The A.P. Board of Intermediate Education represented by its Secretary is the appellant in these appeals. The appeals are filed against a common order of the learned single Judge in WP Nos.14245 and 14443 of 1999. By the impugned order, the learned single Judge allowed the writ petitions and directed the appellant to conduct 'instant examinations' to the students of Intermediate vocational course and continue to conduct the same till the instant examinations are dispensed with. The learned single Judge further directed the appellant herein to conduct the examination to the students of Intermediate vocational course appearing for one subject only on the first day of commencement of supplementary examinations and declare the result of those students by the end of October, 1999. Necessary facts may be noticed as under by referring to the parties as they are arrayed in the writ petitions.2. The petitioners studied Intermediate vocational course during the academic yea...
N. Samba Siva Rao and Others Vs. Apsrtc, Musheerabad, Hyd. and Others
Court: Andhra Pradesh
Decided on: Apr-18-2000
Reported in: 2000(3)ALD632; 2000(3)ALT28
ORDER1. The petitioners were appointed as Corporation Apprentices on 23-3-1996, and they were posted to Sattenapalli Depot after selection in the interview conducted by the Selection Committe on 28-10-1995. The appointments of the petitioners were subjected to the following terms and conditions :1. They will be paid consolidated pay of Rs.800/- per month during the 1st year and Rs.1,000/- during the 2nd year of the training. Thus, the total period of training will be 2 years. 2. Their training will be terminated at any time if their work is found to be unsatisfactory during the training period. 3. They are liable to be posted in any depots of Guntur Region. 4. The candidate selected, as Corporation Apprentice should be advised to appear for the examination conductedby the National Counsel For Vocational Training and obtain National Apprenticeship Certificate to qualify themselves for consideration for regular absorption in the services of the Corporation. Their performance shall be mon...
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