Andhra Pradesh Court August 2000 Judgments
Kuncha Kamaraju and Others Vs. Pithambaram Bul Mangamma and Others
Court: Andhra Pradesh
Decided on: Aug-31-2000
Reported in: 2000(6)ALD551; 2000(6)ALT653
ORDER1. The petitioners are seeking writ of certiorari to call for the records in ATC 52 of 1982 on the file of the Special Officer-cum-Principal District Munsif, Peddapuram and also ATA No.63 of 1989 on the file of the Principal District Judge, East Godavari dated 29-8-1989 and 13-7-1995 passed by the respondents 4 and 5 respectively.2. The factual matrix leading to the filing of the present writ petition is set outas hereunder: The petitioners are the legal representatives of late Kuncha Surya Rao who was tenant of late Y. Lakshmi Narasamma. The respondents 2 and 3 became the owners of the schedule land as legal heirs of late Lakshmi Narasamma. The petition schedule land is in an extent ofAc.6-58 covered by TD No.415, Old S.No.14 and New S.No.188 in Chadalada-Tirupati village. Late Kuncha Surya Rao was inducted into possession of the land as tenant on the condition that he delivers 70 bags of paddy every year as maktha on or before 15th. The said Surya Rao committed default for the y...
Tag this Judgment!Aare Village Gram Panchayat Vs. President, Aare Village Water Users As ...
Court: Andhra Pradesh
Decided on: Aug-31-2000
Reported in: 2001(2)ALT174
ORDERI. Venkatanarayana, J.1. The Writ Petition has been filed by the petitioner-Gram Panchayat seeking a Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in auctioning the trees lying on bund of Pathacheruvu tank, Aare village, NBK Puram Mandal, Chittoor District as illegal and arbitrary2. The case of the Gram Panchayat is setout as hereunder:According to the Writ Petitioner, under Section 80 of A.P. Panchayat Raj Act the Gram Panchayat shall have the right to use the adjacent land appurtenant thereto for planting trees and enjoying the usufruct thereof. There are certain trees adjacent to the land in Patha Cheruvu of Aare village which are vested in the Panchayat and the first respondent herein who was elected as President of the Water Users Association, Aare village along with the assistance of the 3rd respondent have issued a Notification proposing to hold auction of the trees lying on the bund of the tanks. The case of Gram Pancha...
Tag this Judgment!P. Kumarasan Vs. Registrar (General), High Court of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-31-2000
Reported in: 2001(1)ALT389
ORDERP. Venkatarama Reddi, J.1. This writ petition is filed questioning the proceedings issued by the District Judge, Chittoor in L.Dis.No. 551-A/99, dated 29-11-1999 appointing the third respondent herein as a Copyist. It is the contention of the petitioner that a notification was issued by the District Judge on 7-1-1999 calling for applications for recruitment to the various posts including Copyists. In the column relating to qualifications, it is mentioned in the notification that the Copyists should have passed Intermediate examination and Typewriting English, Lower Grade and should be able to write Telugu. The petitioner and the third respondent applied pursuant thereto. The petitioner passed B.Com. Degree examination in first class. The petitioner also passed Intermediate Vocational Course examination in Office Assistantship in March 1994 and he was placed in first division. From the pass certificate-cum-memorandum of marks, it is seen that one of the subjects he passed is Typewr...
Tag this Judgment!Basireddy Raghurami Reddy and Others Vs. Gangullappa (Deceased) by Lrs ...
Court: Andhra Pradesh
Decided on: Aug-30-2000
Reported in: 2000(5)ALD678; 2000(5)ALT591
ORDER1. This revision petition is directed against the order of the Additional Junior Civil Judge, Kadiri dated 26-6-2000 in OS No.148 of 1988 which was passed when the admissibility of certain documents was raised.2. The document in question is an award of the Arbitrator. The learned Junior Judge passed the impugned order relying on the judgment of this Court in P. Sadananda Reddy v. C. Venkata Ratnam, : 2000(3)ALD385 . Wherein it has been held as follows:'There is no prohibition for receiving the unregistered award in evidence under Section 49 of the Registration Act, but such document shall not validly affect any immovable property covered by the award and that it can be received in evidence for collateral purpose. It can be set up as a defence of resolving the disputes and acceptance it by the parties.'3. The learned Counsel for the petitioner does not question the correctness of the order of the Junior Judge as far as receiving the document into evidence is concerned. But his obje...
Tag this Judgment!M. Thirupathi Reddy Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Aug-30-2000
Reported in: 2000(5)ALD674
ORDER1. Petitioner who is working as a last grade employee on improvement of his educational qualifications i.e., pass in MA., Telugu in first class was knocking the doors of the Government as well as this Court since 1996 and it is the fourth round litigation.2. Inspite of the orders given by this Court in alt these four writ petitions, the Government refused to consider his case for appointment as a Junior Lecturer by transfer on the sole ground that there is no provision for appointment to the post of Junior Lecturer by transfer in the rules governing the service conditions of the teaching and non-teaching staff working in private aided colleges.3. It is unnecessary to state what has happened all these years as the stand of the Government is consistent in rejecting the claim of the petitioner inspite of theorders given by this Court. In fact, in the second round of litigation Justice Somasekhara as he than was by order dated 23-7-1997 in WP No.5695 of 1997 has taken the view to the ...
Tag this Judgment!V. Ramachander Vs. Regional Manager, Apsrtc, Nizamabad and Another
Court: Andhra Pradesh
Decided on: Aug-30-2000
Reported in: 2000(6)ALD83; [2000(87)FLR926]
ORDER1. This writ petition is filed to issue a writ of mandamus declaring the pay fixation made by the respondents without adding national increments for removal period i.e., 28-9-1970 to 30-4-1994 as illegal and contrary to the purport of the award made in IDNo.301/92 dated 15-1-1994 and to direct the respondents to refix the petitioner's pay by adding the notional increments for the removal period along with the consequential benefits flowing out of such fixation.2. The petitioner was appointed in APSRTC as Conductor on 17-4-1971 and he was removed from service on 28-9-1972 while working at Nizamabad on the allegation that he had involved in cash and ticket irregularities case. The petitioner approached the Labour Court by raising a dispute in ID No.l 10/89 (old) which was renumberedas IDNo.301/92 and the Labour Court by award dated 15-1-1994 directed the respondents to reinstate him into service without break in service but without back wages. The respondents shall also stop oneannu...
Tag this Judgment!S.V. Satyaprasad Vs. Commissioner of Collegiate Education, Govt. of An ...
Court: Andhra Pradesh
Decided on: Aug-30-2000
Reported in: 2000(5)ALD619; 2000(5)ALT619
ORDER1.The petitioner, who is working as Junior Assistant in the 2nd respondent College, filed this writ petition questioning the action of the 2nd respondent College in promoting the 3rd respondent-Store Keeper as Senior Assistant in its Proceedings Rc.No.1A/96, dated 4-7-1996.2. The undisputed facts of this case are that the petitioner was appointed as a Clerk-cum-Typist in the 2nd respondent College and he possessed all the requisite qualifications for promotion to the post of Senior Assistant by the end of the year 1989. While things stood thus, on 21-4-1993 a vacancy in the post of Senior Assistant has arisen due to the demise of the incumbent and the petitioner was kept in full additional charge of the post on 27-8-1993. Subsequently, when a vacancy has arisen in the post of Superintendent, again he was kept in full additional charge of that post on 1-10-1995. It is also his cause that from 1994 onwards, he was making representations to promote him as Senior Assistant on regular ...
Tag this Judgment!K. Jayaramaiah Chetty Vs. Spl. Dy. Collector and Land Acquisition Offi ...
Court: Andhra Pradesh
Decided on: Aug-29-2000
Reported in: 2000(5)ALD661; 2000(5)ALT582
ORDER1. The petitioner seeks a writ of mandamus directing the Tirumala Tirupati Devasthanams ('TTD' for brevity) to provide alternate accommodation at Anantapalli Gunta area of Tirumala Hills or any other alternate accommodation. At the outset, it is necessary to observe that the petitioner has pleaded or proved neither existing nor subsisting right nor legal entitlement to seek such mandamus, indeed, he has not even sought for a declaration that he is entitled to seek alternative accommodation.2. Be that as it may, when the vacate stay petition being WVMP No.3436 of 1999 filed by TTD was taken up for consideration, the learned Counsel for the petitioner andthe learned Standing Counsel for TTD requested that the matter be finally disposed of. Hence the matter is being disposed of at the interlocutory stage.3. The petitioner is a tenant of Ultaradi Vaishnava Moola Mult (hereafter called 'the Mutt') in respect of 650 Sq.yds of land comprised in TS No.5, Ward No.3, and Block C of North Ma...
Tag this Judgment!Government of A.P. and Another Vs. Pentakota Nagayamma and Another
Court: Andhra Pradesh
Decided on: Aug-29-2000
Reported in: 2000(5)ALD679; 2000(5)ALT553
ORDERB. Subhashan Reddy, J.1. This appeal has been preferred against the order dated 21-7-1995 passed by a learned single Judge of this Court in WP No.17622 of 1994.2. A land of Acs. 15.00 cts. covered by Survey No.1/2 of Kancharapalem village, Visakhapatnam district was acquired for public purpose i.e., for construction of staff quarters by the Port Trust and on requisition, acquisition proceedings were initiated and a draft notification under Section 4(1) of the Land Acquisition proceedings were initiated and a draft notification under Section 4(1) of the Land Acquisition Act, 1894 was gazetted on 12-10-1982. As no award was passed, WPNo.771 of 1990 was filed before this Court seeking a mandamus to issue directions to pass the award and accordingly, such directions were issued. Against the order of the learned single Judge, Writ Appeal No.672 of 1994 was filed. But, the Division Bench confirmed the orders passed by the learned single Judge. Aggrieved by the orders of the Division Ben...
Tag this Judgment!Soroju Satyavathi and Others Vs. Oriental Insurance Company Limited, V ...
Court: Andhra Pradesh
Decided on: Aug-29-2000
Reported in: 2002ACJ1414; 2000(6)ALD331; 2000(6)ALT206
ORDER1. This civil miscellaneous petition is filed to review the order passed by this Court dated 4-10-1999 in Civil Miscellaneous Appeal No.1736 of 1994.2. The accident took place on 19-3-1990 and the deceased travelled as owner of the goods in the tractor and trailer bearing No.AEW 8532 and 8533, due to the rash and negligent driving of the driver of the tractor, resulting in the death of the husband of the first petitioner. Therefore, the wife and other dependents of the deceased filed claim petition before the Tribunal and the Tribunal awarded Rs.55,000/- with interest at 12% per annum. Aggrieved by the said judgment and decree Civii Miscellaneous Appeal No.1736 of 1994 was filed by the Insurance Company and it was allowed, as it was covered by the judgment of the Supreme Court in Mallavwa and others v. The Oriental Insurance Company Limited and others, 1999 ACJ 1.3. The claimants have now filed the above Civil Misc. Petition No.25220 of 1999 to review the orders passed earlier on ...
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