Andhra Pradesh Court March 2001 Judgments

K. Dayakar Reddy and Another Vs. Secretary to Govt. of A.P., School Ed ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD686

ORDERS.B. Sinha, CJ 1. These writ petitions being inter-related were taken up for hearing together and are being disposed of by this common judgment.2. The sole question that arises for consideration in these writ petition is as to whether any reservation to Ex-servicemen in the matter of appointment to the category of Secondary Grade Teachers in the A.P. School Educational Subordinate Service is applicable in view of reservation being provided for to Ex-servicemen in A.P. State and Subordinate Service Rules notwithstanding the fact such a special representation has not been provided for in the A.P. Educational Subordinate Service Rules?3. The petitioners in all these 'writ petitioners are Ex-Servicemen and qualified to hold the post of Secondary Grade Teacher (SGT): Pursuant to a notification issued by the respondents dated 4-7-2000 for recruitment to SGTs to be conducted by the District Selection Committees, they applied for the same claiming reservation under Ex-Servicemen quotas. A...

P. Dhana Laxmi and Others Vs. Special Officer, Urban Land Ceilings, Wa ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD696; 2001(3)ALT492

ORDER1. This writ petition is filed questioning the action of the Special Officer, Urban Land Ceilings, Warangal, in issuing the final Statement under Section 9(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') and issuing the notifications under Sections 10(1), 10(3) and notice under Section 10(5) of the Act without passing any order under Section 8(4) of the Act as illegal.2. The 1st petitioner-Smt. Dhana Laxmi, mother of petitioners 2 to 4 has filed a declaration under Section 6(1) of the Act, declaring the urban property in Sy.No.571 (new) 563 (old) admeasuring Ac.0-36 situated at Waddepally village, Hanamkonda Mandal, Warrangal district. An enquiry was made and found that the petitioners are in possession of the urban land to an extent of 3,369 sq.mtrs. and a draft statement under Section 8(1) of the Act has been issued declaring that the declarant is entitled to 2,000 sq.mtrs. and an extent of 1,396 sq.mtrs. is excess surplus land. The draft statement ...

S. Komaraiah Vs. Insustrial Tribunal-cum-labour Court, Warangal and An ...

Court: Andhra Pradesh

Reported in: 2001(3)ALD91; 2001(3)ALT518; [2001(89)FLR939]; (2001)IILLJ108AP

ORDERSatya Brata Sinha, CJ 1. Thiswrit appeal raises a question of some importance. The petitioner was a workman in respondent No.2-Department. On the alleged ground that the appellant submitted a bogus certificate as regards his work experience in the office of the Block Development Officer, his services were terminated by order dated 21-4-1994 without any notice or opportunity of hearing having been granted him. The appellant raised an industrial dispute before the Industrial Tribunal. The Tribunal on considering the evidence in relation to the preliminary issue held that the order of termination is bad in law as prior thereto no enquiry has been conducted. The Tribunal further held that despite opportunity having been granted to respondent No.2-Department, they did not adduce any evidence before the Tribunal Despite holding so, the Tribunal remitted the matter back to the respondent No.2-Department for holding a fresh enquiry.2. Questioning the said award, the appellant herein filed...

W. Havaldar R. Venkateswar Rao Vs. Union of India and Others

Court: Andhra Pradesh

Reported in: 2001(3)ALD98; 2001(2)ALT603

ORDERS.B. Sinha, CJ.1. The petitioner in this application inter alia has questioned the vires of Sections 122 and 123 of the Army Act.2. The offices of the respondents are outside the jurisdiction of this Court. The only cause of action which is said to have arisen within the jurisdiction of this Court, as stated in paragraph 5 (c) of the writ affidavit, is service of the notice dated 18-3-1997, which reads thus:'(c) The initial cause of action having been arisen with the recall of the petitioner vide Order No.346103/36/A dated 24th November, 1997 of the respondents herein served upon the petitioner herein at his village Kodair, THE: Kollapur, District Mahaboobnagar (A.P.).'3. Such service of summons on a witness to appear in a Court of inquiry, in our opinion, does not give rise to any cause of action, to question the order of punishment imposed upon him, particularly when at the relevant point of time, he was neither posted in the State of Andhra Pradesh nor was he charge-sheeted; no...

Smt. Rayapudi Lakshmi Vs. the Superintendent, Central Prison and ors.

Court: Andhra Pradesh

Reported in: 2001(1)ALD(Cri)507; 2001(2)ALT471

S.B. Sinha, J.1. This application filed by one Smt. Rayapudi Lakshmi taken up as Public Interest Litigation, raises a question as to whether the period of 760 days availed as parole by her husband Sri Rayapudi Venugopal who was undergoing life imprisonment would be treated as part of sentence.2. The petitioner's husband was convicted for the offence punishable under section 302 and 148 IPC and sentenced to undergo life imprisonment by a Judgment and Order of the First Addl. Sessions Judge, Machilipatnam in S.C. No. 202 of 1990. He had been on parole on four occasions viz., for 152 days as per the orders issued in G.O.Rt. No. 1946, Home (Prisons-C) dated 19.7.1995, for 61 days as per the orders in G.O.Rt. No. 1708 dated 2.8.1996, for a period of 273 days by virtue of the orders issued in G.O.Rt. No. 1728 dated 4.7.1977 and again for a period of 274 days as per the orders in G.O.Rt. No. 268 dated 6.2.1999, totaling a period of 760 days. He surrendered to the prison on 17.11.1999. He was ...

Rahman Khan P. Vs. Assistant General Manager, Region-vi, Sbi Zonal Off ...

Court: Andhra Pradesh

Reported in: 2001(3)ALD515; 2001(3)ALT600; (2001)IILLJ928AP

ORDERSatyabrata Sinha, C.J.1. This appeal is directed against the judgment and order dated December 7, 2000 whereby and whereunder the writ petition filed by the petitioner praying the following relief was dismissed:' ..... the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari calling for the records relating to F.No. 383, dated February 8, 2000, issued by the 1st respondent herein and quash the same as illegal, arbitrary and unjust and consequently direct the respondents to pay the gratuity of the petitioner (i. e. mine) and the interest applicable to Special Fixed Deposits forthwith and direct the 2nd respondent to furnish the copies of the rejected Government Loan Application, as alleged in the Charge 'B' within a week'2. A peep into the matter reveals that the appellant was subjected to a disciplinary enquiry, and an order of removing him from service was passed as far back as November 7, 1983. The appellate auth...

L.C.K. Cement Ltd. Vs. Transmission Corporation of A.P. Ltd. and ors.

Court: Andhra Pradesh

Reported in: 2001(3)ALT497

ORDERI. Venkatanarayana, J.1. The Writ Petitioner is a private limited company engaged in manufacturing of cement. For this purpose, the petitioner obtained High Tension Power supply from the respondent-Corporation with a contracted maximum demand of 800 KVA. It is the case of the petitioner that the petitioner-Company having suffered severe financial loss on account of bad market position, it has become sick industry. The petitioner-Company is making hectic efforts to revive the company by borrowing money from various financial institutions. Under these circumstances, the petitioner vide its letter dated 1-7-2000 requested the second respondent to reduce petitioner's contracted maximum demand from 800 KVA to 20 KVA on temporary basis in terms of Memo. CE(Commercial)/A1/Tem. Deration/22/87-965, dt. 20-9-1993. The petitioner placed its strong reliance on Clause 3(1) of the said Memo which clearly specifies that the consumers can seek deration/reduction of their C.M.D. by giving one mont...

Duntuluri Venkata Rama Raju Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2001(1)ALT(Cri)288; 2001CriLJ2185

ORDERVaman Rao, J.1. The petitioner is accused of an offence under Sections 342, 448 and 506 read with Section 34, IPC and Section 3(v) and (x) of the S.C. and S.T. (Prevention of Atrocities) Act. The petitioner, who is A-1 was arrested along with A-2 to A-8 in connection with Cr. No. 78 of 2001 of IV Town, Law and Order, Police Station on 24-2-2001. They were produced before the Magistrate at his residence on the same day at 10.15 p.m. At the time of the production of the petitioner before the Magistrate, the petitioner (A-1) complained of pain in chest. The learned Magisrate ordered the police to admit the petitioner in K.G. Hospital, Visakhapatnam. The Magistrate further directed that all the accused may be produced in the Court on the next working day. On 26-2-2001 A-2 to A-8 were produced before the Magistrate and they were remanded to judicial custody on the same day till 12-3-2001. But the petitioner could not be produced before the Magistrate as he was admitted as in-patient in...

B.L. Sharma Vs. Delhi Assam Roadways Corporation Private Limited

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant, a Lieutenant Commander in Indian Navy was transferred from Bombay to Visakhapatnam in May, 1992. He hired the opposite party, a public carrier to transport his household articles from Bombay to Visakhapatnam on 20.5.1992. The complainant paid the transport charges of Rs. 6,000/- and obtained a receipt after entrusting 38 packages for transport in their transport vehicle by road. Though the opposite party promised to deliver the articles at destination in about two days time, they did not reach Visakhapatnam till 27.5.1992. The complainant spent anxious moments as to what has happened to the goods in transit. He also contacted local office at Visakhapatnam but they too did not help in ascertaining where the goods vehicle was held up. However on 27.5.1992 a lorry bearing No. MP 23/B-0739 has reached Visakhapatnam and while unloading the articles the complainant found that out of 38 packages 34 packages were received and two big suit-ca...

Board of Education of Samavesham of Telugu Baptish Churches, Nellore V ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD527; 2001(2)ALT503

ORDERS.B. Sinha, CJ 1. These three appeals arising out of WP Nos.5096 of 2000, WP No.21826 of 1999 and WP No.21827 of 1999 respectively although were heard separately but being inter-related are being disposed of by this common judgment.2. Samavesam of Telugu Baptist Churches (for short hereinafter referred to as 'STBC') is a faction riddled society registered under Societies Registration Act which run various educational institutions in the State. Three rival groups headed by T. Nathanial, C.D. Prakash Rao and M. Edward are involved in various litigations in civil Courts and before this Court in regard to the management of STBC particularly with regard to appointment of correspondents to various institutions under the control of STBC. The earliest litigation can be traced to WP No. 1993 of 1993 filed by Sri C.D. Prakasha Rao and his father Moses representing themselves as Additional General Secretary and Chairman respectively of STBC located at ABM Compound, Markapur, Prakasham distri...