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Andhra Pradesh Court June 2000 Judgments

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Jun 27 2000

K. Umeshwar Vs. Electronics Corporation of India, Hyd. and Others

Court: Andhra Pradesh

Decided on: Jun-27-2000

Reported in: 2000(4)ALD184; 2000(3)ALT791

ORDER1. The petitioner in this writ petition prays for issuance of a writ of mandamus declaring the action of the respondent Corporation in 'not conducting the enquiry against the 5th respondent which will reveal why the petitioner has resigned under duress, as illegal, arbitrary, unjust and violation of natural justice....' The petitioner prays for a consequential direction directing the respondent-Corporation to re-instate the petitioner into service with all consequential benefits. A very peculiar prayer indeed.2. Before adverting to the question as to whether the petitioner is entitled for any relief at all, it may be necessary to notice the relevant facts and the background leading to tiling of this writ petition.3. The affidavit filed in support of the writ petition is sworned and signed by one Satish Shannkararao Sonwalker s/o late S.J. Sonwalkar, a retired employee of the Corporation in his capacity as the Power of Attorney holder of the petitioner. The petitioner himself appea...


Jun 27 2000

Jagan Prashad (Died) by Lrs. and Others Vs. Shanta Bai and Others

Court: Andhra Pradesh

Decided on: Jun-27-2000

Reported in: 2000(4)ALD470; 2000(4)ALT359

ORDER1. This is a review petition filed by the petitioner-tenant seeking to review the order dated 25-2-2000 passed by this Court in CRP No 2304 of 1994.2. The respondent-landlord filed RC No. 189 of 1989 on the file of the First Additional Rent Controller, Hyderabad seeking eviction of the petitioner-tenant from the petition schedule raulgi on grounds of wilful default in payment of rent and bona fide personal requirement and the saidRC No. 189 of 1989 was allowed and eviction was ordered by the trial Court. The appeal preferred by the tenant in RA No.49 of 1989 on the file of the Chief Judge, City small Causes Court, Hyderabad was also dismissed by his order dated 16-4-1994 against which CRP No.2304 of 1994 was filed by the tenant before this Court. This Court, after hearing both parties at length, dismissed the said revision by order dated 25-2-2000. After the dismissal of the revision petition, the petitioner-tenant has filed the present review petition seeking to review my order d...


Jun 27 2000

P.V. Durga Kumari Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Decided on: Jun-27-2000

Reported in: 2000(4)ALD474; 2000(4)ALT370

ORDER1. The petitioner filed this writ petition seeking a direction to the respondents to reinstate her as SGBT Teacher in the 3rd respondent-School by declaring the inaction on the part of the official respondents 1 and 2 on her representation dated 19-10-1994 as illegal.2. The facts of the case are not in dispute. When one Swaroop Kumari, who was working as SGBT Teacher in the 3rd respondent school applied for long leave, the petitioner was appointed as a SGBT Teacher in her place on 30-11-1991, after following the due procedure prescribed in G.O. Ms. No.524, dated 20-12-1988 and the same has been approved by both the official respondents. In fact, it is her case that she was also given increments as long as she was in service. Original incumbent seemed to have reported to duty after expiry of the leave in August, 1993 and the service of the petitioner was terminated with effect from 9-8-1993. Thereafter, the original incumbent seemed to have left the country without obtaining permis...


Jun 27 2000

Madakam Venkateswara Rao and Others Vs. Subordinate Judge, Kothagudem, ...

Court: Andhra Pradesh

Decided on: Jun-27-2000

Reported in: 2000(5)ALD32; 2000(4)ALT163

1. Heard the respective contentions submitted by the learned Counsel appearing for the petitioners, respondents and also the Standing Counsel for the High Court and Government Pleader for Home. Sri A. Rangacharyulu, learned Counsel also assisted the Court as Arnicas Curiae.In these two writ petitions and all the Civil Revision Petitions the only question that arises for consideration is whether the concerned civil Courts of the Junior Civil Judges and Senior Civil Judges of Kothagudem and Sattupalli have jurisdiction in the matters of which the cause of action wholly arose in the scheduled areas.2. The brief facts in these two writ petitions are that the petitioners are the owners of the small extents of agricultural lands in the scheduled area of Bhadrachalam division i.e., agency area and they are scheduled Tribes and their lands were acquired for the purpose of excavation of canal of 'Taliperru Reservoir Project' and the Land Acquisition Officer-Special Deputy Collector (LA) ITP and...


Jun 27 2000

E. Chitra Ramacharandas Vs. National Remote Sensing Agency, Hyd. and A ...

Court: Andhra Pradesh

Decided on: Jun-27-2000

Reported in: 2000(5)ALD161; 2000(5)ALT258

1. These two appeals can be disposed of by a common judgment as the question involved is one and the same and the facts of the two cases are identical.2. The appeals arise out of two suits filed by two different landlords, owning separate portions of the same building, against their common tenant for eviction and for mesne profits or damages for use and occupation.3. It is not in dispute that the suit premises were leased out by the plaintiffs to the defendants under separate lease agreements dated 16-2-1979 for a period of two years with effect from 16-4-1978 on payment of rent at the rate of Rs.0.63 ps. per sft. The lease period expired by 15-4-1980. Before the expiry of the lease period i.e., on 7-1-1980, the defendants addressed a letter to the plaintiffs seeking extension/renewal of the leases. On 20-1-1980 the plaintiffs sent a reply stating that extension of the leases will be considered only on payment of rent at the rate of Rs.2.00 per sft. A joint meeting was held in March, 1...


Jun 27 2000

Mr. Venkateshwara Rao and Six ors. Vs. the Sub-judge, Khammam and anr.

Court: Andhra Pradesh

Decided on: Jun-27-2000

Reported in: 2000(3)LS78

V. Eswaraiah, J.1. Heard the respective contentions submitted by the learned counsel appearing for the petitioners, respondents and also the Standing Counsel for the High Court and Government Pleader for Home. Sri A. Rangacharyulu, learned counsel also assisted the Court as Amicus Curaie.2. In these two Writ Petitions and all the Civil Revision Petitions the only question that arises for consideration is whether the concerned Civil Courts of the Junior Civil Judges & Senior Civil Judges of Kothagudem and Sattupalli have jurisdiction in the matters of which the cause of action wholly arose in the scheduled areas.3. The brief facts in these two Writ Petitions are that the petitioners are the owners of the small extents of agricultural lands in the scheduled area of Bhadrachalam division i.e., agency area and they are scheduled Tribes and their lands were acquired for the purpose of excavation of canal of 'Taliperru Reservoir Project' and the Land Acquisition Officer-Special Deputy Collec...


Jun 26 2000

image Developers Pvt. Ltd., Hyd. Vs. N. Subhash

Court: Andhra Pradesh

Decided on: Jun-26-2000

Reported in: 2000(4)ALD354; 2000(4)ALT241

ORDERP. Venkatarama Reddi, J 1. Aggrieved by the following direction given by the learned single Judge while disposing of the Contempt Case Nos.1435, 1503 and 1507 of 1999, these Letters Patent Appeals are filed by the respondent in the Contempt Cases:'...this Court feels it just and expendient to direct the plaintiff company to restore the same position which was prevailing in the property in dispute (i.e., commercial complex) as on the date of passing the status quo order by the trail Court'.2. The said direction was given on the premise that the appellant herein had violated the status quo order passed by the trial Court which was affirmed in appeal by this Court. As the learned Judge was of the view that such violation was not willful or deliberate, but on account of misunderstanding of the interim order, the appellant was absolved of the charge of contempt. At the same time, the above direction was given purportedly to preserve and effectuate the status quo order. It is the conten...


Jun 26 2000

Meka Chinnappa Reddy and Another Vs. Meka Pulla Reddy

Court: Andhra Pradesh

Decided on: Jun-26-2000

Reported in: 2000(4)ALD492; 2000(4)ALT562

ORDER1. Heard both sides.2, This civil revision petition is directed against the order dated 26-8-1999 passed in IA No.822 of 1998 in OS No.170 of 1986 on the file of the Principal Junior Civil Judge, Kadiri under which a petition filed on behalf of the defendants (petitionersherein) in the suit praying for dismissal of the suit as a whole as having abated on the ground that one of the plaintiff's died was dismissed.3. The facts in nutshell necessary for the purpose of this petition may be stated as follows :Plaintiffs 1 and 2 field the suit for perpetual injunction restraining the defendants from interfering with the possession and enjoyment of the plaintiffs over the suit property. Evidently, the plaintiffs claim that they are in joint possession of the suit properties. The defendants set up a plea that they are the joint-owners of the property and disputed the claim of the plaintiffs. During the pendency of the proceedings, the plaintiff No.2 died and no steps were taken for bringin...


Jun 26 2000

Surampalli Hanumantha Rao and Another Vs. Muvva Srinivasa Rao and Othe ...

Court: Andhra Pradesh

Decided on: Jun-26-2000

Reported in: 2000(5)ALD80; 2000(6)ALT697

ORDER1. All these civil revision petitions were filed against the interlocutoryorders passed by the trial Court in various IAs., pending disposal of the suit OS No.3 of 1998 filed by Surampalli Hanumantha Rao and another (herein after referred to as 'plaintiffs') against Muvva Srinivassarao and others (herein after referred to as 'defendants') for specific performance of the agreement dated 20-10-1997 against the defendants pending on the file of District Court at Ongole.2. While CRP No.5464 of 1999 was filed by the plaintiffs against the orders dated 26-10-1999 made in IA No.286 of 1999 in OS No.3 of 1998 wherein the Court below directed the plaintiffs to deposit the balance sale consideration to the credit of the suit. Defendant No. 1 Muvva Srinivasa Rao has filed CRP No.5231 of 1999 against the order dated 26-10-1999 in IA No.286 of 1999 in OS No.3 of 1998 wherein the Court below directed the defendants 1 and 2 to deposit Rs.9,00,000/- said to have been received by them as sale cons...


Jun 26 2000

Pillutla Savitri and Others Vs. Gogineni Kamalendra Kumar and Others

Court: Andhra Pradesh

Decided on: Jun-26-2000

Reported in: 2001ACJ1156; 2000(5)ALD194; 2000(5)ALT58

1. The unsuccessful plaintiffs in the suit are the appellants in this appeal. First plaintiff is the widow, plaintiffs 2, 4 and 5 are the sons and the third plaintiff is the daughter of late P. Sitikanta Sastry who was a practising advocate of Guntur. The suit was filed by them claiming a total sum of Rs.1,50,000/-by way of damages and compensation for the pecuniary loss suffered by them due to the death of their family head Sri P. Sitikanta Sastry in a fatal accident on 5-5-1991 which allegedly occurred on account of the wrongful act, negligence and default of the defendants. Originally the suit was filed against the mother and father of the first respondent herein as defendants 1 and 2. As they died during the pendency of the suit, respondents 1 to 3 herein were brought on record as defendants 3 to 5 in the suit.2. It is not in dispute that Sitikanta Sastry and his family members were in occupation of a portion on the ground floor of the building of the defendants as tenants. It is t...


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