Andhra Pradesh Court February 2001 Judgments
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G.R.V. Prasada Rao Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: 2001(2)ALD564; 2001(2)ALT545
ORDER1. The present writ petition is filed seeking invalidation of G.O. Rt. No.972 Higher Education (CE.III) Department dated 12-12-2000 as illegal, arbitrary and in violation of rules and for a consequential direction to the respondents 1 to 4 to consider the case of the petitioner for promotion to the aided post of Junior Lecturer in Mathematics in the 3rd respondent college in terms of Proceedings Rc. No.G3/103/ 2000, dated 18-11-2000 of the second respondent.2. By the order impugned in the writ petition, the 5th respondent was appointed as Junior Lecturer in Mathematics in the vacant aided post in the 3rd respondent college. The 5th respondent had initially been appointed as a temporary Junior Lecturer in 1993 consequent on the permanent incumbent absenting himself unauthorisedly. The services of the said permanent incumbent were terminated by the management in the year 1997 subject to approval of the competent authority. In the ensuing vacancy, the 5th respondent was appointed as ...
Badrunnisa Begum Vs. Mohamooda Begum
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: 2001(3)ALD11; 2001(3)ALT243
ORDERBilal Nazki, J.1. The appellant was defendant in a suit filed by the respondent being OS No.306 of 1975 which was decided by IV Additional Judge, City Civil Court, Hyderabad. The suit was for reconveyance of house No.22-8-389-1 and 2 situated at Purani Haveli, Hyderabad by executing a sale deed in favour of the plaintiff. The plaintiffs case was that she was owner of the house No.22-8-389-1 and 2 at Purani Haveli. The defendant's husband had been dealing in money-lending and he used to advance money with exorbitant rate of interest. To avoid legal complications he adopted the method of obtaining nominal, sham and formal sale deeds in respect of the properties in different names and through different persons to serve as security for the loan advanced. He also got executed rental deeds to realise the interest on the amount advanced. At no time parties intended to sell or transfer ownership of the properties under the documents executed. On or about 22-8-1969 Hasan Bin Mubarak, husba...
K. Somaiah Vs. Appsc, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: 2001(3)ALD68; 2001(3)ALT54
ORDERSatya Brata Sinha, CJ. 1. This application is directed against an order dated 5-5-2000 passed by the A.P. Administrative Tribunal in OA No.4174 of 1994 which had been dismissed stating as follows:- 'The learned Counsel for the applicants submitted that the respondents did not earmark total vacancies in the ratio of 60 and 40 between local candidates and non-local candidates and also did not observe rule of reservation among the local and non-local candidates. This contention is not supported by the instructions issued in Annexure-III of the Presidential Order. White dealing with CA No.220 of 1994 in OA No.970 of 1993 we have held that the respondents have followed the procedure as prescribed in the Presidential Order and there is no illegality in the selections made. Therefore, no relief can be granted in these two O.As and both the O.As are liable to be dismissed. In the result, CA No.220 of 1994 in OA No.970 of 1993 is closed and OA Nos.4174 of 1994 and 4555 of 1994 are dismisse...
Explosives Consultation and Application Pte. Ltd. Vs. Idl Industries L ...
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: AIR2001AP256; 2001(2)ALT378
ORDERSatyabrata Sinha, C.J.1. This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed by the petitioner herein for appointment of arbitrator for adjudication of the claims and disputes between the parties hereto. 2. A Distribution Agreement dated 1-1-1993 had been entered into between the parties for distribution of the explosives and other accessories manufactured by the respondent herein. Disputes and differences having arisen between the parties, the applicant made several requests for referring the disputes to an arbitrator making a claim of US $ 707,710.80 covering FOB value of defective goods delivered and disbursement costs incurred by it on several counts. The respondent in its letter dated 15-2-2000 recorded that the claim of US $ 707,710.80 against the total FOB value of US $ 279,988.40 is totally unsustainable and contrary to the specific terms agreed upon governing the supply. It was further recorded that as pe...
Chennamsetty Rama Murthy Vs. Gattu Venkateswarlu and anr.
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: 2001(2)ALD383; 2001(2)ALT317
ORDERT. Ch. Surya Rao, J.1. The revision petitioner assails the Order dated 29.06.2000 passed by the learned Senior Civil Judge, Addanki, in C.M.A.No.15 of 1997. He is the first respondent therein. The respondents 1 and 2 herein are the appellants therein.2. It is expedient here to refer the parties as they were originally arrayed in the suit as well as the concomitant petition filed in I.A.No.70 of 1997 under Order 39, Rules 1 and 2 of the Civil Procedure Code. The facts lie in a narrow compass: The petitioner-plaintiff filed the suit for perpetual injunction restraining the respondents therein from interfering with his peaceful possession. The petitioner purchased the suit land more fully described in the schedule appended to the plaint under a Registered Sale Deed dated 10.07.1981 for a valuable consideration of Rs.15,000/- from the first respondent, who is the owner thereof. He claims to have been in possession of the same since the date of the purchase and has been raising crops t...
Raj Kishan Pershad and Another Vs. Joint Collector, R.R. District and ...
Court: Andhra Pradesh
Decided on: Feb-15-2001
Reported in: 2001(3)ALD469; 2001(3)ALT227
ORDER1. All the CRPs are filed against the order of the Joint Collector, Ranga Reddy District dated 20-12-1996 exercising his jurisdiction under Section 90 of the Andhra Pradesh (Telangana Area) Tenancyand Agricultural Lands Act, 1950 ('the Tenancy Act' for brevity). The Joint Collector reversed the order of the Tenancy, Tribunal (Revenue Divisional Officer, Hyderabad East Division, Ranga Reddy District) dated 15-7-1992. In these revisions arising under Section 91 of the Tenancy Act, the petitioners' - land owners grievance is that the order of the appellate authority dated 20-12-1996 in proceedings No.B4/ 6506/92 is illegal and arbitrary.2. The land in question originally belonged to one Raj Narayana Prasad who had two sons by name Hari Kishan Prasad and Prem Kishan Prasad, The petitioners in these CRPs are either the sons or daughters of late Hari Kishan Prasad. To appreciate the two important submissions made by the petitioners it is necessary to notice the legal position and releva...
Abhipraay Welfare Society Vs. Govt. of the State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-15-2001
Reported in: AIR2001AP273; 2001(2)ALT462
Satyabrata Sinha, C.J. 1. This writ petition is filed by Abhipraay Welfare Society (for brevity 'the Society') for issuance of a writ or order, one in the nature of writ of mandamus, declaring the action of the respondents in not taking any steps for eradication of the menace of begging, though the State Legislature has enacted A.P. Prevention of Begging Act, 1977 (for brevity 'the Act').2. The petitioner in the writ petition has identified certain areas where beggars are found. The reasons for begging have been set out in para 5 of the writ affidavit. In the counter-affidavit, the respondent State, while admitting the averments made in the writ affidavit stated that 'the Government is alive to this type of problem and is endeavouring to devise ways and means of implementing all the laudable objects of the statute.' Since no statement was made as to what ways and means are being devised by the Government for implementing the laudable objects of the statute, the learned Advocate General...
Elamati Krishna Reddy and ors. Vs. Mohd. Ahmed and anr.
Court: Andhra Pradesh
Decided on: Feb-15-2001
Reported in: 2001(2)ALT359
V.V.S. Rao, J. 1. All these revision petitions are filed under Section 21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Act') against a common order dated 10-10-1996 passed by the Land Reforms Appellate Tribunal-cum-Second Additional District Judge, Rangareddy District. All the CRPs shall stand disposed of by this common judgment in view of the common questions of fact and law arising therein.2. One Mohammed Ahmed claiming to be the Pattedar of a large extent of Ac.737.37 guntas comprised in various survey numbers of Turkayemjal village filed a declaration under the Act through one Shri K.V.S. Sastry, the duly constituted G.P.A. of Mohammed Ahmed. After determining the excess land, the Land Reforms Tribunal ordered Mohammed Ahmed to surrender the land in excess of the ceiling limit. The matter was carried on in appeal to the Land Reforms Appellate Tribunal and the Appellate Tribunal allowed the appeal and remitted the matter to t...
K.R. Raghavan Nair Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001(2)ALD503; 2001(2)ALT442
ORDERS.B. Sinha, CJ1. This petition is directed against the judgment dated 23-7-1999passed by the Central Administrative Tribunal in OA No.883 of 1998 whereby and whereunder the application filed by the respondent No.3 herein questioning the seniority of the petitioner was allowed.2. Before considering the rival submissions, it is necessary to consider the fact of the matter.3. The petitioner as also the unofficial respondent were appointed as Lower Division Clerks. They were promoted as Upper Division Clerks. The rule governing the said promotion provides for filling up of 50% of the vacancies on the basis of the competitive examination limited to the Lower Division Clerks and the rest on the basis of seniority-cum-fitness.4. The petitioner herein opted for the first mode of promotion and was regularly promoted as Senior Division Clerk on 24-8-1976. The unofficial respondent was however promoted on the basis of seniority on the same date viz., 24-8-1976. The petitioner was placed at s...
Nakka Siddaiah and Others Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001(2)ALD562; 2001(3)ALT550
ORDERS.B. Sinha, CJ 1. In this writ application an order dated 12-5-2000 passedby the Chief Executive Officer, Chittoor Zilla Parishad is in question. The impugned order reads thus :'The Superintending Engineer, Panchayat Raj, Cuddapah in his reference No.1 has requested to allot Ac.0.50 cents of land out of the land allotted for construction of Junior College Buildings from out of the land of Gurramkonda Z.P, High School for construction of Gurramkonda Mandal Parishad Office. As per this Office proceedings cited above, orders were issued allotting Ac. 1.44 cents of land out of Ac.4.44 cents of land under the use of Gurramkonda Z.P. High School, for construction of Gurramkonda Junior College Buildings. Therefore, as per above, considering the request of the Superintending Engineer, Panchayat Raj as per reference No.1 orders are hereby issued allotting Ac.0.44 cents for construction of Gurramkonda Mandal Parishad Building, from out of the site of Ac. 1.44 cents allotted for construction...
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