Andhra Pradesh Court October 2001 Judgments
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The Government of Andhra Pradesh, General Admn. Department, Rep. by It ...
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: (2002)ILLJ475AP
S.B. Sinha, C.J.1. Whether compassionate appointments on the ground of medical invalidation satisfy the requirement of Article 16 of the Constitution of India is the question involved in these writ petitions.2. Before adverting to the said question, we may refer to certain government orders issued in this regard. 3. The Government of Andhra Pradesh vide G.O.Ms. No. 504, General Administration (Services-A) Department, dated 30-7-1980 has extended the scheme of compassionate appointment introduced in G.O.Ms. No. 687, dated 3-10-1977, to the spouse/daughter/son of a Government servant who retired on medical invalidation under Article 441 of Andhra Pradesh Pension Code (Vol.I) subject to the conditions mentioned therein.4. By G.O.Ms. No. 309 General Administration (Services-A) Department dated 4-7-1985, the Government had confined the benefit of compassionate appointment to son/daughter/spouse of government employee, who retires from service on medical grounds five years before attaining t...
G. Lakshmamma and ors. Vs. Navatha Road Transport and anr.
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: II(2002)ACC214; 2002ACJ1702; 2002(2)ALT39
ORDERN.V. Ramana, J.1. This appeal arises out of the order and decree in O.P. 594/1994 passed by the Motor Accidents Claims Tribunal, Kurnool. The petitioners in the O.P. has filed appeal dissatisfied with the quantum of compensation awarded by the tribunal.2. Since the scope of this appeal is a limited one, viz., whether the compensation granted by the tribunal calls for enhancement or not, is redundant to narrate the factual aspects, which are not in dispute.3. The main contention of the learned counsel for the appellants in this appeal is that the tribunal erred in fixing the loss of dependency of the appellants due to the death of the deceased at a low rate. According to the learned Counsel for the appellants, the tribunal has calculated the loss of dependency/pecuniary damages on the basis that Rs. 500/- to Rs. 600/- per month towards supervisory charges is the only loss to the appellants. On that basis, the tribunal has awarded a sum of Rs. 90,000 towards loss of dependency to th...
Vizag Medical Stores, Maharanipet, Visakhapatnam Vs. Bharat Heavy Plat ...
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: 2002(3)ALD674
ORDERP.S. Narayana, J. 1. Heard Ms. Arshia Khatoon representing Smt. Sesharajyam and Mr. M.V. Nagaraj representing Mr. Rajalingam, the Counsel representing both the parties in the CRP.2. The CRP is filed against an order dated 26-7-1999 made in IA No. 9 of 1999 in OS No. 504 of 1991 on the file of the Principal Senior Civil Judge, Visakhapatnam.3. The revision petitioner who is the plaintiff in the suit filed an application under Order XXIII, Rule 1 C.PC to permit the plaintiff to withdraw the suit with a liberty to file a fresh suit. The Court below by an order dated 26-7-1999 had allowed the application in part granting permission to the petitioner to withdraw the suit, but refusing liberty to file a fresh suit. Therevision petitioner aggrieved by the said order had preferred the present CRP.4. The facts of the case in brief are as follows: The revision petitioner-petitioner-plaintiff filed a suit for recovery of Rs. 29,531.48 ps., and the registration certificate of the firm was not...
D. Sudershan Vs. Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: 2002(3)ALD678
S.B. Sinha, CJ 1. These two writ petitions being inter-connected were taken up for hearing together and are being disposed of by this common judgment. 2. Whether a caste certificate granted by the competent authority can be cancelled without fulfilling the conditions laid down under A.P. Scheduled Castes, Scheduled Tribes and Backward Classes issue of Community, Nativity and Date of Birth Certificate Rules, 1997 is the question, which arises for consideration in these writ petitions.FACTS:3. One Sri D. Sudershan who was working as Tradesman 'B' in Nuclear Fuel Complex (NFC) in the Department of Atomic Energy, Government of India is the petitioner in these writ petitions. According to him, on the basis of entries in the educational record such as Transfer Certificate etc., the Tahsildar, Rajendra Nagar issued Caste Certificate bearing No.R.Dis.No. A3/3438/85 dated 15-5-1985 certifying him as belonging to Scheduled Tribe Community (Lingadhari Koya). Based on such certificate, he was appo...
Sanghi Textiles Limited and anr. Vs. Government of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: 2002(1)ALD582
ORDER1. The writ petition is filedseeking a writ of Mandamus declaring the proposed acquisition of the lands through notification issued under Section 4(1) of the Land Acquisition Act vide G.O. Rt. No.4518, dated 27-11-2000 and notification and declaration issued under Section 6 of the Land Acquisition Act, in Memo No.47777/I and PR/A2/2000-3, dated 30-11-2000 published in Eenadu daily newspaper dated: 4-1-2001 and 6-1-2001, as illegal and without jurisdiction;2. The case of the petitioners is that an extent of Ac.1.29 guntas in Survey No.397/2 of Koheda Village and a further extent of Ac.1-12 guntas of lands in Survey No.514/2 of Anajpur Village were sought to be acquired for the purpose of laying approach road from National Highway to the Ramoji Film City. The notification under Section 4(1) was published in the gazetted on 27-11-2000 and Section 6 declaration was made on 30-11-2000. The said orders are assailed on various grounds as mentioned in the writ petition.3. Sri N. Subba Red...
Chinawaltair Colony House Owners Welfare Association Vs. Commissioner, ...
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: AIR2002AP175
S. B. Sinha, C. J. 1.Whether a portion of the park can be alienated in favour of third party by the 1st respondent-Corporation is the question involved in this writ petition. FACTS:2. The Visakhapatnam Town Planning Trust has developed a lay out in china Waltair and has also allegedly earmarked and extent of 775.53 sq. yards in Section No. 102, Block No. 13, Ward No. 21 for the purpose of development of a park. Allegedly a huge amount was spent for the said purpose.3. For the purpose of widening Waltair main road an extent of 443.20 sq. yards belonging to the 2nd and 3rd respondents was sought to be acquired whereupon the 2nd and 3rd respondents filed a suit marked as O.S. No. 45 of 1988 on the file of the HI Additional Subordinate Judge at Viskhapatnam which was decreed directing the 1st respondent to allot a suitable alternate land to the 2nd and 3rd respondents. Allegedly pursuant to the decree in the aforementioned suit the 1st respondent has resolved in principle to exchange an ex...
Shanthi Radham Magazine Vs. Registrair of Newspapers for India, New De ...
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: AIR2002AP104; 2002(1)ALT268
ORDERG. Bikshapathy, J. 1. This writ petition is filed challenging the action of the respondents in refusing to extend the concessional tariff as illegal, contrary and violative of Article 25 of the Constitution of India. 2. It is the case of the petitioner that a magazine called 'Shanthi Radham is being published from Sree Somanatha Kshetram, Nagarjuna Sagar Road, Vanasthallpuram, Hyderabad which was registered on 6-10-1997 with Registration No. 66834/97 under the Provisions of Press and Registration of Newspapers (Central) Rules, 1956. The magazine contains the practice of yoga and fitness that accrue on account of performance of yoga and other articles of current topics. The licence is being renewed from time to time. However, under Section 9 of the Indian Post Office Act certain concessions are extended for publication con-stating whole or in greater part of political or other news or articles relating thereto or to other current topics. It is also deemed tobe a newspaper under Cla...
Land Acquisition Officer Vs. T. Raja Vittal
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: 2002(2)ALT307
G. Rohini, J.1. The Land Acquisition Officer is the appellant in this appeal, which is directed against the order of the Court of the Senior Civil Judge, Bodhan dated 9-7-1999 in O.P.No. 35 of 1995. Whereas the Land Acquisition Officer filed regular appeal aggrieved by the compensation fixed by the Court below at the rate of Rs. 60/- per square yard, which works out at Rs. 2,90,400/- per acre as against the compensation awarded by the Land Acquisition Officer at the rate of Rs. 26,000/- per acre, Cross-Objections are filed by the claimant contending that the compensation as awarded by the Court below is inadequate and claiming enhancement at the rate of Rs. 100/- per square yard.2. The brief facts of the case are that an extent of Ac. 0-36 gts. of land situated in R.S.No. 50/1 of Dudyaltarfa at Bodhan in Nizamabad District was acquired for the purpose of providing graveyard for Scheduled Caste community by publication of notification dated 15-7-1994 under Section 4(1) of the Land Acqui...
Gorrella Durga Vara Prasada Rao Vs. Indukuri Ram Raju and ors.
Court: Andhra Pradesh
Decided on: Oct-11-2001
Reported in: 2002(2)ALT589
ORDERBilal Nazki, J.1. This second appeal has come up before us by way of a reference by the learned Single Judge. The learned Single Judge found that the main ground on which the substantial question has been framed was that the appellate Court had not framed points for determination. The learned counsel for the appellant submitted that since the points for determination had not been framed by the appellate Court, therefore the judgment could not sustain in view of Order. 41 Rule 31 of Code of Civil Procedure. The learned counsel for the appellant had relied on a judgment of this Court reported in Viyyapu Danayya v. Peethala Appa Rao : 1997(3)ALT266 . The learned Single Judge could not pursuade himself to accept the views expressed in the judgment referred to above, therefore, the matter has been referred to Division Bench.2. The only question which has to be answered by this Court is, whether Order 41 Rule 31 is mandatory and if so what are the parameters of this Rule. Rule 31 of Ord...
Gururaj Mini Roller Flour Mills and anr. Vs. Govt. of India and ors.
Court: Andhra Pradesh
Decided on: Oct-10-2001
Reported in: 2001(6)ALD436; 2001(6)ALT67
S.B. Sinha, C.J.1. Noticing two conflicting views on interpretation of Section 13(1) of the Food Corporations India Act, 1964, (37 of 1964) ('the said Act' for the sake of brevity) these matters have been referred to a Full Bench by a learned Judge of this Court.2. The Parliament enacted the said Act to provide for the establishment of Food Corporations for the purpose of trading in food grains and other foodstuffs and for matters connected therewith and incidental thereto. Paragraph 3 of the 'Statement of Objects and Reasons' of the said Act reads:Statement of Objects and Reasons :--XXX(3) The Corporation will engage itself primarily in the purchase, storage, movement, distribution and sale of food grains. Provision has also been made in the Bill enabling the Corporation to deal in other foodstuffs if considered necessary by the Government. The Corporation may also discharge certain incidental functions as provided for in the Bill in consultation with the Central Government.XXX'.3. Se...
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