Andhra Pradesh Court August 2001 Judgments
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J.P. Subbamma Vs. N. Ravi Kumar Reddy and anr.
Court: Andhra Pradesh
Decided on: Aug-27-2001
Reported in: 2001(6)ALT101
ORDERR. Ramanujam, J.1. This Civil Revision Petition is against the order of the Principal Junior Civil Judge, Anantapur allowing I.A.No.941 of 2000 - filed under Order 26, Rule 9 CPC - in O.S.No.291 of 2000. 2. That suit was filed by the petitioner-plaintiff for permanent injunction restraining the respondent-defendants from interfering with his possession of the suit schedule property. It appears that a temporary injunction was granted, pending the suit, restraining the respondent-defendants from interfering with the possession of the petitioner-plaintiff of the suit schedule property. In that suit, the respondent-defendants filed an application - I.A.No.941 of 2000 - under Order 26, Rule 9 CPC seeking appointment of a Commissioner - to note the physical features of the suit schedule property, take photographs of the same and to submit his report - alleging that taking advantage of the interim orders, the petitioner-plaintiff had encroached into their site and making constructions th...
Dr. (Mrs). Usha Mehta Vs. Government of Andhra Pradesh, Revenue Dept. ...
Court: Andhra Pradesh
Decided on: Aug-27-2001
Reported in: 2001(6)ALT382
S.B. Sinha, C.J.1. The appellant is aggrieved by the judgment of learned Single Judge of this Court dated 21-6-2001 in W.P.No. 1947 of 1992 which was filed by the appellant challenging the validity of G.O.Ms.No. 130 dated 31-1-1992 whereby and whereunder the lease granted to the petitioner-appellant was cancelled by the Government.2. According to the petitioner-appellant, a lease deed was executed in favour of the petitioner - Mrs. Usha B. Pershad for certain land situate at Sardar Patel road, Secunderabad. Subsequently, the Collector ordered that allotment of the land in question shall be made over to the Mandal Revenue Officer for construction of an Office building. After obtaining reports from the Commissioner of Land Revenue, the Government issued a Memo dated 16-11-1988 cancelling the allotment. In the proceedings before this Court, the claim of the petitioner was negatived. The Government issued final orders in the said G.O. dated 31-1-1992 allotting the land in question to A.P. ...
V. Nirmala Vs. V. Subba Raju
Court: Andhra Pradesh
Decided on: Aug-27-2001
Reported in: 2001(6)ALT521
ORDERB.S.A. Swamy, J.1. Since both the C.R.P. and C.M.P are connected they can be disposed of by a common order.2. Aggrieved by the order dated 9-7-2001 passed by the Senior Civil Judge, Madanapalle in I.A.No. 183 of 2001 acceding to the request of the husband-petitioner in the O.P. to summon the witnesses, the petitioner herein, respondent in the O.P. filed this revision petition.3. In C.M.P. No. 14442 of 2001 the Senior Civil Judge, Madanapalle sought for extension of time granted for disposal of the O.P. stating that the respondent-wife filed I.A.No. 344 of 2001 to stay the operation of the order passed by him in I.A.No. 183 of 2001 to enable her to obtain stay orders from this Court and the same is pending.4. The factual background of this case is that the respondent herein filed O.P.No. 93 of 1998 seeking dissolution of marriage and his evidence was closed on 3-7-2000 and the petitioner's evidence was also closed on 26-9-2000. In the meantime the petition filed by the petitioner-w...
P.R. Subas Chandran Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-24-2001
Reported in: 2001(5)ALD771; 2001(6)ALT133
V.V.S. Rao, J.1. The petitioner, a resident of Hyderabad, claiming to be a public spirited citizen and having belief in the Fundamental Duties under Article 51-A of the Constitution of India, has filed this writ petition bringing to the notice of the Court a human problem of gigantic proportions, prevailing in Nalgonda District, due to nature's curse in endowing the District with ground water containing high flouride content. By this writ petition, the petitionerprays for a declaration that the action/ inaction of the authorities in permitting the people of Nalgonda consume water with high flouride content, and not providing them water containing fluoride within the permissible limits as unconstitutional. He also seeks consequential directions to the Government of Andhra Pradesh in Health, Family and Environment, Department to provide water-containing fluoride within permissible limits, to the people living in the fluoride-affected villages of Nalgonda District.The pleadings:2. In the ...
M. Shyam Sunder and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-24-2001
Reported in: 2001(6)ALD87; 2002(5)ALT454; 93(2001)DLT74
V.V.S. Rao, J. 1. The proliferation of seniority disputes in service law is characterised with perpetuation. As observed by the Supreme Court in Dr, C. Manila Siddaiah v. T.G. Siddapparadlya, : (1971)IILLJ349SC , the canker of litigiousness has spread even to a sphere of life where discipline should check ambition concerning personal preferment despite the exception that a Government servant is expected to bear with fortitude and reconcile himself to his lot suppressing disappointment when he finds a co-workers raised to a position which he himself aspired after. (See also D. Hatmianth Rao, v. State of A. P., 1991 (3) SLR 3 (SC).2. This preface to this judgment is, however, not to subject the lis to microscopic judicial scrutiny nor to turn away the petitioners at the threshold. In these petitions under Article 226 of the Constitution of India the question relates to correctness of a Government Order purporting to revise the dates of regularisation of the petitioners and consequent dow...
K. Mohan Babu Vs. Heritage Foods India Ltd., Hyd. and Others
Court: Andhra Pradesh
Decided on: Aug-24-2001
Reported in: 2001(5)ALD800
B. Subhashan Reddy, J. 1. The important question for consideration in the instant case is as to how to weigh the words 'just and equitable' employed in clause (f) of Section 433 of the Companies Act, 1956 while considering the plea for winding-up of the company.2. M/s. Heritage Foods (India) Limited (hereinafter referred to as 'the company'), has been registered company under the Companies Act, 1956 (hereinafter referred to as 'the Act') with a view to do business in liquid milk and milk products. The appellant and respondents 2 to 6 are the shareholders of the company. The appellant was one of the Directors of the company. Respondent No.2 was the Managing Director, but resigned on 12-12-1994. Respondent No.3, the wife of the 2nd respondent, wasappointed as Executive Director and the 5th respondent as the whole-time Director. Respondent No.4 is the son of respondents 2 and 3 and respondents 3 to 5 are the partners of the firm - 6th respondent herein. The company was going from strength...
Depot Manager, Apsrtc, Mushirabad Depot, Hyd. Vs. Presiding Officer, L ...
Court: Andhra Pradesh
Decided on: Aug-24-2001
Reported in: 2001(6)ALD730; [2002(92)FLR990]
S.B. Sinha, C.J. 1. The question which arises for consideration is as to whether the charges levelled against the 2nd respondent-workman herein were in consonance with the Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963. 2. Respondent No. 2 was appointed as driver Grade III on 30-11-1985 on daily wage basis and his services were regularized w.e.f. 1-7-1986 and he was attached to Musheerabad depot. On the ground that he had produced a false School Transfer Certificate, he was placed under suspension on 14-11-1986 and a disciplinary enquiry was initiated on the following charges : 1. For having produced bogus and fake certificate i.e., School Transfer Certificate for securing employment in APSRTC. 2. For having cheated the Corporation for securing employment duly producing bogus certificate. 3. The Enquiry Officer found him guilty of the above charges and a show-cause notice of removal was issued to him on 7-3-1987 to submit his explanation. The exp...
Gonapa Atchutharamayya Vs. District Collector, Srikaulam and ors.
Court: Andhra Pradesh
Decided on: Aug-24-2001
Reported in: 2002(1)ALD266
ORDER1. These revision petitions arise out of a judgment dated 2-2-1998 passed by the learned Land Reforms Appellate Tribunal in LRA Nos. 12 and 26 of 1992 whereby and where-under an appeal preferred by the petitioners herein was dismissed.2. These petitions are inter-connected, as much as each one of the declarants/ petitioners are interested persons. Smt. Jallu Varalaxmi's foster-daughter Smt. G. Ramulamma, is the wife of Gonapa Chelamayya, who is the declarant in LCC No. 247/I CH/75. Gonapa Siva Prasada Rao, revision petitioner in CRP No. 1048 of 1998, is the Legal Representative of Gonapa Chelamayya (since died). Gonapa Atchutharamayya, Revision Petitioner in CRP No. 1047 of 1998, is the husband of Smt. Gonapa Chandrahasa, the foster-daughter of Gonapa Chelamayya, the declarant in LCC No. 248/ICH/75.3. In short, the fact of the matter is as follows:4. Smt. Jallu Varalaxmi filed a declaration, which was numbered as LCC No. 246/ICH/76, before the primary Tribunal and the Tribunal aft...
M. Varalakshmi Vs. Hindustan Corporation Ltd. and ors.
Court: Andhra Pradesh
Decided on: Aug-24-2001
Reported in: 2001(5)ALT357
ORDERB. Sudershan Reddy, J.1. Having regard to the facts and circumstances of the case, the District Collector and District Magistrate, East Godavari District shall stand impleaded as respondent No. 5 in the writ petition on whose behalf the learned Government Pleader takes notice.2. The petitioner in the instant writ petition prays for issuance of a Writ of Mandamus declaring the action of the respondents in not finalizing the selection for distributorship of LPG for HP gas at Khasimkota in Visakhapatnam District as unjust and arbitrary. The petitioner also prays for a consequential direction directing the respondents to forthwith grant the necessary distributorship in favour of the petitioner.3. The petitioner herein claims that she hails from 'Konda Reddi Tribal Community' which is recognised as a Scheduled Tribe. It is stated that the petitioner prosecuted her education and obtained MBA degree from Andhra University, all through being treated as belonging to ST category. The Hindus...
Superintending Engineer, Irrigation Circle, Visakhapatnam and Another ...
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(5)ALD635; 2001(5)ALT744
ORDERBilal Nazki, J.1. In this case orders of the Lokayukta dated 17-6-1998 and 9-9-1998 have been challenged. It appears that a complaint had been filed before lokayukta against the petitioners herein who are public servants. The complaint was that the complainant was a contractor and he was not paid the bills in time. The Lokayukta found that certain payment was made after a long delay, therefore the contractor was held to be entitled to receive an interest at the rate of 10% P.A. with effect from 16-3-1995 to 31-3-1998 and the officers concerned were directed to make payment of the interestpromptly and they were also directed to submit a report by 3rd August, 1998. After this order was passed, the officers concerned sought more time to finalise the matter. Time was extended, but even after extension, compliance report was not submitted. Therefore, another order was passed on 9-9-1998, but the Lokayukta had given further time and stated that,'It is made clear that if compliance repor...
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