Andhra Pradesh Court March 2001 Judgments
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General Manager, Ordinance Factory, Project Yeddumailaram and Another ...
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(3)ALD94; 2001(3)ALT84; [2001(90)FLR576]
ORDERS.B. Sinha, CJ. 1. This writ petition is directed against an order dated 7-4-1999 passed by the Central Administrative Tribunal, Hyderabad in OA No.664 of 1998 whereby and whereunder the writ petition filed by the unofficial respondent No.2 herein was disposed of directing:'13. (1) Hence the orders, the legality of which is challenged in this OA are quashed and set aside.(2) The applicant is directed to be reinstated without any backwages and without any continuity of service.(3) In other words, the intervening period between the date of the applicant'sremoval from service till his reinstatement shall be treated as diets non.(4) The applicant shall be reinstated on the same post on which he was working prior to the removal. If the same is not available, he may be posted on any equivalent post or even on any inferior post. The preference, however, shall be for the same post, failing which the second preference shall be for equivalent post.(5) The above directions shall be carried o...
Atkuri Sammaiah Vs. Station House Officer Kotapally Police Station, Ad ...
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(3)ALD33; 2001(2)ALT496; 2001CriLJ3610
ORDERS.B. Sinha, CJ. 1. This writ application shows a sorry state of affairs. It shows how the State in some cases of causing death to the citizens of India in alleged encounters is dealing with the matter.2. The petitioner is the father of the deceased (Aikuri Srinivas). He alleges that on 3-12-1998 a Head Constable by name Shaik Chand, Constable by name Dasarath and ten plain clothes policemen of Kotapalli Police Station carrying weapons came to their house and knocked at the door and upon opening the door, they forcibly entered and picked up the deceased (Atkui Srinivas) and took him with them. The parents of the deceased went to the police station the next day morning but his arrest was denied. On 4-12-1998 a newspapers report arose wherein it was alleged that the said Aikuri Srinivas said to be a deputy Dalam member of Peoples War Party was killed in encounter. The petitioner contends that the authorities of the State had refused to take disciplinary action against persons named h...
R.N. Anand Vs. Government of India and Others
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(3)ALD63; 2001(3)ALT425
ORDERS.B. Sinha, CJ 1. The petitioner herein joined as supervisor in ammunition factory at Pune on 2-12-1961. He was promoted to the post of Chargeman - Grade I subsequently. He was selected as Assistant Director- Grade I in Small Industries Service Institute and was posted at Gauhati and Bombay during the period from 5-11-1973 to November, 1979. He was removed from service. But he obtained re-employment in the same department. He worked as Deputy Director at Bombay, Srinagar and Hyderabad till the date of his retirement on 31-7-1997. His pensionary benefits were settled and paid on the date of his retirement itself.2. It is not in dispute that upon retirement an employee and his family members arc entitled to travelling allowance to settle down in his home town. However, the same are subject to the conditions:'(i) The concession will be admissible by the shortest route from the last place of duty to the place where he and his family are to settle down. '(ii) The concession can be avai...
K. Raghavender Reddy and Others Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(3)ALD140; 2001(3)ALT504
ORDERS.B. Sinha CJ 1. The petitioners although are not affected in any manner whatsoever, by this writ petition seek to question the validity of sub-clause (a) of clause 1 of Article 81 of the Constitution of India as stipulated by Goa, Daman andDiu Reorganisation Act, 1987 (Act No. 18 of 19S7) in terms whereof the House of the People was directed to be consisted of 530 members instead and place of 520 members. The petitioners would urge that having regard to the provisions contained in Article 368 of the Constitution of India only the procedure prescribed therefor could be invoked for the purpose of amending the Constitution and thus the purported amendment made by reason of Act No. 18 of 1987 which came into force with effect from 23-5-1987 must be held to be illegal.2. According to the petitioners the said amendment had a direct effect on the federal structure of the States as thereby weightage of voles of the Members of Parliament of Andhra Pradesh would go down. It is averred:'I a...
S. Sai Ram Vs. Anantapur Municipality, Anantapur and Another
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(3)ALD87; 2001(2)ALT717
ORDERS.B. Sinha, CJ 1. The petitioner has filed this application praying for a declaration that the action of the 1st respondent-Municipality in issuing the auction notification dated 7-2-2000 for allotment of shops to the persons belonging to Scheduled Castes/Scheduled Tribes/Physically Handicapped Persons in the new multi-storied shopping complex near Tower Clock, Anantapur for a goodwill amount as illegal, irregular, arbitrary and ultra vires the constitution.2. The petitioner who claims to be a social worker has filed this application which is in the nature of probono publico, inter alia, on the ground that although the members of SCs, STs and PHCs are entitled to allotment of shops in terms of G.O. Ms. No.267 MA dated 19-5-1989 and G.O. Ms. No.253 MA dated 2-4-1993 issued by the Government, they are being deprived of the benefits thereof by the action of the 1st respondent in the matter ofallotment of shops constructed by it at Anantapur.3. It is not in dispute that the 1st respon...
P. Vasantha Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(3)ALD168; 2001(3)ALT280
ORDER1. This writ petition has been filed seeking a writ of mandamus to declare the order dated 1-4-2000 issued by the 3rd respondent in proceedings Rc. No.65/2000/ B2 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent Nos. l to 3 not to renew the licence in favour of the 4th respondent viz., M/s. Sai Beer and Wines, represented by its Proprietor, Shaik Jageer S/o Shaik Hussain in the premises bearing No. 15-1-106, Island Centre, Ponnur, Guntur District and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.2. It is submitted that the petitioner is the owner of the Shop No. 15-1-106 situated at Island Centre, Ponnur, Guntur District. Earlier her husband was carrying on the business in Bar and Restaurant in the said premises and he died in the year 1988. Subsequently the petitioner along with some others continued the said business and they stopped the business in the year 1994 i...
Kakatiya Oils and Nutritent Private Limited, Gopalapuram, Warangal Dis ...
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: 2001(4)ALD106
ORDER1. This writ petition is filed to issue a writ of certiorari, calling for the records pertaining to the Order No.CE(O)-56/F. TE.MP/D.No.585 of 1992 dated 2-12-1992 of the first respondent andquash the same as illegal, arbitrary and violative of Article 14 of the Constitution of India by striking down clause 39.11 of terms and conditions of supply issued by the first respondent-Board and pass such other orders which are deemed fit and proper in the circumstances of the case.2. The petitioner is Solvent Extract Oil Industry and it was sanctioned electricity connection with a maximum demand of 250KVA and 429-94 HP. The petitioner wanted to manufacture the products through a different process i.e., soya bean instead of rice bran and it proposed to install an alternative machinery to the extent of about 60n HP and accordingly made an application to the Deputy Chief Electrical Inspector, Government of Andhra Pradesh for approval of the machinery installed by it and based on the said rep...
The Management of Indian Airlines, Rep. by Its Station Head Vs. Indust ...
Court: Andhra Pradesh
Decided on: Mar-08-2001
Reported in: (2001)IILLJ316AP
S.B. Sinha, C.J.1. This Writ Appeal by the Indian Airlines, represented by its Station Head, Begumpet, Secunderabad, is directed against the Judgment and Order dated 20.9.2000 passed by a learned single Judge of this Court in W.P.No.l3392 of 1999 whereby and whereunder the Writ Petition filed by the 2nd respondent herein was allowed in the following terms: 'Therefore, I am satisfied that the finding of the Tribunal that the enquiry was fair and proper was not legal and not sustainable. The violation of the Standing Orders of the Company is writ at large to the extent that the petitioner was denied the right of defense. In these circumstances, I set aside the award of the Tribunal in so far as it relates to the finding that the enquiry was fair and proper and hold that the enquiry is vitiated by violation of the Standing Orders. The Writ Petition is accordingly allowed and the matter is remanded back to the Tribunal to adjudicate the dispute on the merits of the case leaving open to the...
K. Rajeswari Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Mar-07-2001
Reported in: 2001(2)ALD621; 2001(2)ALT565
ORDERS.B. Sinha, CJ 1. This writ petition is directed against an order dated 6-11-1996 passed by the A.P. Administrative Tribunal in OS No.3151 of 1998 whereby and whereunder the Original Application filed by the petitioner was dismissed. In the said Original Application, the relief claimed by the petitioner was as follows:'to declare the impugned order of the 3rd respondent dated 11-3-1998 vide proceedings No.A7/1417/1998, including the circular of the 2nd respondent bearing No. A4/3579/1996, dated 21-1-1997 as illegal, arbitrary and violative of Articles 14, 16 and 31 of the Constitution of India as well as Rules 12 and 67 of APVAOs Service Rules, 1990 and consequently direct the respondents herein to appoint the applicant as Village Administrative Officer of Korripadu Village, Monopad Mandal, Malhabubnagar district on compassionate grounds forthwith'. 2. The question which arises for consideration is as to whether the petitioner could be appointed as Village Administrative Officer o...
Government of A.P. and Others Vs. A. Sudhakar
Court: Andhra Pradesh
Decided on: Mar-07-2001
Reported in: 2001(2)ALD617; 2001(3)ALT602
ORDERSatyabarata Sinha CJ 1. Thiswrit appeal is directed against a judgment dated 5th February, 2001 passed by a learned single Judge of this Court whereby and whereunder the writ peiition filed by the respondent herein was allowed.2. The writ petitioner-respondent in his writ application prayed for a writ in the nature of mandamus to declare the action of the respondents-appellants in not granting proportionate remission of licence fee for the writ petition from 18-4-1997 to 17-6-1997 pertaining to IL and FL shop situated at Bheemaram village of Hanamkonda Mandal Warangal District as illegal and to direct the respondent No.3 to levy licence fee from 18-6-1997 to 31-3-1998 and to grant remission of proportionate licence fee for the period 18-4-1997 to 17-6-1997.3. Admittedly, an auction was held on 17-6-1997 and the licence was granted in favour of the writ petitioner on 18-6-1997. The licence, fee, however, was demanded from 18-4-1997.4. It is not in dispute that a Division Bench of t...
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