Andhra Pradesh Court January 2001 Judgments

D. Venkatapathi Raju Vs. Recovery Officer, Debts Recovery Tribunal A.P ...

Court: Andhra Pradesh

Reported in: 2001(1)ALD506; 2001(1)ALT663

ORDERB. Subhashan Reddy, J.1. This writ petition has been filed questioning the sale proceedings pursuant to the Recovery Certificate No.142, dated 2-6-1997 granted by the Debt Recovery Tribunal in OA No.926 of 1996.2. The matter lies in a narrow compass regarding the validity of the saleconducted. The relevant provision for conducting the sale is provided under Section 29 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The same reads as follows:'29. Application of certain provisions of Income-tax Act :--The provisions of the Second and Third Schedules to the Income-tax Act, 1961 (43 of 1961) and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time shall, as far as possible, apply with necessary modifications as if the said provisions and the rules referred to the amount of debt due under this Act instead of to the income-tax:Provided that any reference under the said provisions and the rules to the 'assessee' shall be construe...

Sri Krishna Dharmaraja Swamy Devasthanam, Nellore Vs. Pathi Mohan Rao ...

Court: Andhra Pradesh

Reported in: 2001(1)ALD577; 2001(1)ALT707

ORDER1. Sri Krishna Dharmaraja Swamy Devasthanam, Moolapet, Nellore represented by its Executive Officer, filed this writ petition questioning the orders of respondents 2 and 3 in rejecting its claim to evict the 1st respondent for non-payment of agreed rent in respect of the lands leased out by it in favour of the 1st respondent.2. The petitioner-temple is the owner of the agricultural land admeasuring Ac.9-83 cents. Leasehold rights were putto public auction and the 1st respondent became the highest bidder in the auction held on 27-12-1975 by offering a maktha of 14 putties-10 tooms of paddy per year payable by 31st March of every year for a period of 5 years from 1976-77 to 1980-81. The 1st respondent defaulted in payment of rents and fell in arrears for the 1st year onwards, and he committed default in payment of maktha for the years 1976-77 to 1980-81. The petitioner filed the eviction petition in ATC No.252 of 1981 on the file of the Special Officer (Principal District Munsif), N...

B. A. Kumar Vs. A. P. State Road Transport Corporation, Mushirabad, Hy ...

Court: Andhra Pradesh

Reported in: 2001(1)ALD553; 2001(1)ALT596

ORDERS. B. Sinha, CJ1. Having heard the learned Counsel for the parties and keeping in view the fact that against the appellant herein departmental proceedings have been initiated, the respondent-Corporation as a model employer ought not to have put him off the duty. The learned Standing Counsel for the respondent-Corporation, however,submits that the appellant herein was a daily rated worker. Even if that be so, in our opinion, he had not been treated as such, as departmental proceedings have been initiated against him for enquiry into the allegations of misconduct. In such situation, the employer can only suspend the employee in terms of the rules, for which he would be entitled to claim subsistence allowance or the employer may invoke its inherent jurisdiction to suspend an employee by not taking any work from him in which event he would be entitled to the full salary. We therefore, in modification of the order passed by the learned single Judge, direct that an appropriate order in ...

M. Krishna Murthy Vs. Superintendent of Post Offices, Secunderabad Div ...

Court: Andhra Pradesh

Reported in: 2001(1)ALD559; 2001(1)ALT648

1. The petitioner entered into service on 12-6-1967 as Extra Department Branch Postmaster (EDBPM) at Ponnal Branch PO, RR District. At the time of entry into service he gave his date of birth as 20-2-1936. The petitioner states that while he was going through some old records he discovered his 'Janma Patrika', which showed his date of birth as 20-2-1938. On discovery of the above fact, the petitioner submitted a representation in November, 2000 seeking correction of his date of birth in service records from 1936 to 1938. Without disposing of the said representation the respondent has, by notification dated 22-11-2000, called for applications for filling up of the post of EDBPM for Ponnal village, is the grievance. The petitioner, admits that if his date of birth is 1936 then he would be due to retire in 2001 on attaining the age of 65 years. He, however, contends that since his date of birth is 1938 he is entitled to continue upto 2003. He assails the inaction of the respondents in dis...

A. Anasurya Vs. Station House Officer, Tadicherla Police Station, Kari ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD87; 2001(1)ALT712

ORDERSatyabrata Sinha, CJ.1. Allthese writ applications relate to killing of (1) Nalla Adi Reddy @ Shyam, (2) Erram Reddy Santosh Reddy @ Mahesh,(3) Sheelam Naresh @ Murali and(4) Singam laxmirajan, allegedly by police on 2-12-1999 in Koyyur Forest at Mallaram village, Malahar Mandal, Karimnagar District in a police encounter. 2. The prayer in one of the writ petitions being WP No.24992 of 1999 filed by the mother of one Erram Reddy SantoshReddy @ Mahesh is to direct the fourth respondent, the State of Andhra Pradesh to get the matter investigated by an independent agency in terms of the directions issued by the National Human Rights Commission as contained in its letter dated 29-3-1997 addressed to the Chief Minister of the State of Andhra Pradesh. 3. Two facts that have been admitted by the parties are: (1) that the matter is pending investigation by the National Human Rights Commission; and (2) that the National Human Rights Commission, in a letter addressed to the Chief Minister da...

Steel Plant Canteen Employees Union, Visakhapatnam and Others Vs. Chai ...

Court: Andhra Pradesh

Reported in: 2001(1)ALD537; 2001(1)ALT665

1. These two writ petitions can be disposed of by this common judgment as the issue involved is to treat the petitioners in both the writ petitions as the regular employees of the respondent viz., Visakhapatnam Steel Plant (for brevity VSP) and to pay the pay and allowance with effect from the date of filing of the writ petitions.2. Writ Petition No.14296 of 1992 was filed by the workers working in statutory canteens established and run by VSP through contractor and the Writ Petition No.26581 of 1996 was filed by the workers working in non-statutory canteens established and run in the premises of VSP through contractor. Out of 37 petitioners in WP No.14296 of 1992, 4 left the service and 2 expired and out of 83 petitioners in WP No.26581 of 1996, 6 left the service and two petitioners expired.3. The petitioners in Writ Petition No.14296 of 1992 submitted that the petitioners 14 to 21 are working in the canteen at Blast Furnace, petitioners 15 to 20 are working in the canteen of RMHS, p...

M. Karunakar and Another Vs. State of A.P. and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD18; 2001(1)ALT688

ORDER1. The petitioners two in number who are working as Superintendentin the office of the Mandal Revenue Officer, Medchal and Deputy Tahsildar in the office of the DPAP, Ranga Reddy District, filed this writ petition questioning the orders passed by the 2nd respondent i.e., District Collector in Proceedings C2/9800/97, dated 27-1-2000 as confirmed by the 1st respondent in G.O. Rt. Nos.154 and 155, (B.C. Welfare (C-1) Department, dated 18-9-2000 wherein the Caste Certificates obtained by the petitioners to the effect that they belong to Vada Balija community which is included in the Group A of listed Backward Classes, (sic have been cancelled) as arbitrary, illegal and contrary to the principles of natural justice.2. By the order dated 18-1-2000 while admitting the writ petition, posted the same for Orders on 15-11-2000 duly directing the respondents to file their counters in the meantime. In the suspension petition i.e., WPMP No.24832 of 2000 while refusing to suspend the impugned pr...

Yarlagadda Radha Vs. Director P.G.R. Centre for Distant Education, Osm ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD48; 2001(2)ALT5

1. These two writ petitions can be disposed of the this common judgment as the issue involved in both the writ petitions is one and the same.2. The petitioners in both the writ petitions are students of Centre for Distant Education. Osmania University, Hyderabad. The petitioner in Writ Petition No.2362 of 2000 Smt. Yarlagadda Radha, after going through the eligibility test conducted by the first respondent got admission in M.A. Political Science with Telugu Medium with Roll No.94-96-9299 for the academic year 1995-96 and 1996-97 and she that passed M.A. Previous Examination conducted in December, 1999 and she paid Examination Fee to appear for final year examination and she could not appear for the reasons not mentioned in the affidavit. Now she intends to appear for M.A. Final Year Examination, which is going to be conducted in the month of December, 2000 and when she offered to pay examination fee, the respondents rejected on the ground that there is change in the mode of Examination...

Rajesh Shah and ors. Vs. Station House Officer and anr.

Court: Andhra Pradesh

Reported in: 2001(2)ALT470

ORDERI. Venkatanarayana, J.1. The Writ Petitioner has invoked the jurisdiction of this Court under Article 226of the Constitution of India seeking for a writ of Mandamus declaring the action of the first respondent in continuing the investigation in Crime No. 392/2000 on the file of the first respondent as illegal and consequently to quash the same.2. It is the case of the writ petitioner that he has not committed any crime and that he has only exercised his right of lien in taking away the rolls of furnishing fabrics. The Writ Petitioners further contends that this is not a fit case for investigation. The learned Counsel for the petitioner further states that the complaint has been given by the Executive of the company and hence it should not be taken into consideration.3. A detailed counter has been filed on behalf of the first and second respondents wherein it is stated that a complaint was given under Sections 457 and 380 read with Section 34 IPC. Therefore, the Police basing on th...

Mulpuri Venkateswara Rao and Others Vs. United India Insurance Co. Ltd ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant in C.D. No. 148/1991 is running a poultry farm in his village. He obtained three poultry insurance policies to cover the risk resulting either from accident or disease of the birds during the subsistence of the insurance, the details of which are furnished below :Policy No.DatePeriod(1)150601/69/1/00917/8923.1.198923.1.1989 to 25.5.1990(2)150601/69/1/01001/8929.12.198929.12.1989 to 28.4.1991(3)150601/69/1/0000530.4.19905.4.1990 to 22.7.19912. While so on 9.5.1990 an unprecedented cyclone hit the coastal areas of Andhra Pradesh. Ramanagaram, the village of the complainant, was worst hit by the cyclone. He lost nearly 7,877 birds. On intimation the officers of the 1st opposite party visited the poultry sheds on the morning of 10.5.1990 and also on 16.5.1990. The complainant addressed a letter on 1.10.1990 for the settlement of the claim, but there was no reply. Curiously enough on 4.1.1991 the 3rd opposite party issued a letter No. 1506...