Andhra Pradesh Court August 2001 Judgments
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Managing Director, Apsrtc, Mushirabad, Hyderabad Vs. Institution of A. ...
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(5)ALD492; 2001(5)ALT799
ORDERBilal Nazki, J.1. Heard the learned Counsel for the petitioner as well as the learned Standing Counsel for Lokayukta. Respondent No.2 has not chosen to appear.2. In a complaint filed by the respondent No.2 before the Lokayukta a notice has been given to the petitioner asking him to appear before the Lokayukta. The grievance of the respondent No.2 was that he had retired from service on medical ground and his request for appointmentof his daughter on compassionate ground was rejected by the petitioner. This writ petition has been filed on sole ground that Lokayukta has no jurisdiction to entertain complaints against the Andhra Pradesh State Road Transport Corporation which is a Corporation created under the Central Act. Under Section 2(c) of the Andhra Pradesh State Road Transport Corporation (Conduct of Meetings) Regulations, 1959, Corporation means the A.P. State Road Transport Corporation established under Section 3 of the Road Transport Corporations Act, 1950. Section 3 of the ...
Co-operative Housing Society, Saleemnagar Limited and Another Vs. Muni ...
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(5)ALD663; 2001(5)ALT737
S.B. Sinha, C.J. 1. Whether the first respondent herein can grant permission for construction of building in a park is the question involved in this application. 2. The first writ petition is the Co-operative Housing Society. It has purchased 24 acres 14 guntas of land on 23-10-1956. The said land belonged to one Mir Osman Ali Khan who sold it to Saleem Khan. The latter sold it to the first petitioner-society and whereafter plots were allotted to its members by it. The building plan submitted by the society for construction of the buildings was approved. There exists an approved lay out. As per the lay out an extent of 2500 square yards, which iscovered by roads on four sides, was set apart for park and the said land was handed over to the Municipal Corporation of Hyderabad, which assumed the possession thereof. The first respondent, however, instead of developing the area as a park leased out about 1800 square yards of the park site to the second respondent for construction of school ...
Fishermen Co-operative Society, Bibinagar Village and Mandal, Nalgonda ...
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(5)ALD755; 2001(6)ALT162
V.V.S. Rao, J.1. The petitioner, a functional Co-operative Society of Fishermen (for short 'the Society'), registered under the provisions of the A.P. Co-operative Societies Act, 1964 (for short 'the Act'), has filed this writ petition complaining that respondent Nos.1 and 2, namely, A.P. Pollution Control Board and the Environmental Engineer, are allowing respondent Nos.7 to 14 to run their industries, located in Kondamadugu village, Bibinagar Mandal, Nalgonda District, without proper checks and balances, with regard to the discharge of untreated effluents into Pedda Cheruvu Tank, resulting in loss of fish wealth due to pollution. The Society, therefore, prays for damages amount to Rs.20,00,000/- for the loss of fish wealth for the fishing year 1998-99.2. In the affidavit, filed in support of the writ petition, it is stated that the petitioner-Society has about 147 poor fishermen as members, and they eke out their livelihood by growing and marketing the fish, fished out from Pedda Che...
Gadiraju Narayana Raju and ors. Vs. Joint Collector, Khammam and anr.
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(6)ALD490; 2001(4)ALT767
1. The proceedings of the Joint Collector, Khammam dated 18th December, 2000 cancelling the assignment of the land made in favour of the petitioners is challenged in this writ petition.2. The order is attacked mainly on the ground of being violative of principles of natural justice. It is also contended that the Joint Collector has passed the order misinterpreting the facts.3. The facts are telltale and deeply disturbing. The strategy and devise evolvedby the petitioners to appropriate and grab the valuable government land is glaring. The whole episode would suggest collusion of authorities at various stages. It is a clear case of manipulation. The land, which is meant for the distribution amongst the deprived sections and underdogs, has been knocked away by the vested interest.4. The facts as revealed by the records may have to be noticed.5. The third petitioner is the wife of the first petitioner. Second petitioner is the son of petitioners 1 and 3. In the affidavit filed in support ...
The State of Andhra Pradesh Vs. Repute Plastic Colours Ltd.
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: [2002]125STC282(AP)
ORDERS.R. Nayak 1. The point that arises for decision is whether the cable sheathing compound manufactured by the respondent-dealer is an article of plastic falling under Entry No.186 of the First Schedule to the A.P.G.S.T. Act or is a general good. 2. It is trite that the Sales Tax Appellate Tribunal (for short 'the Tribunal), is the final fact finding authority under the A.P.G.S.T. Act. The answer to the above question is undoubtedly an answer on a pure question of fact. Therefore, the only thing to be seen by the Court is whether the factual finding recorded by the Tribunal is based on some substantive evidence or perverse. If the Court finds that the factual finding is based on some legally admissible evidence, there will not be any scope for the Court to upset the factual finding. The Court cannot go into the question of adequacy or inadequacy of the evidence on the basis of which the Tribunal has recorded the finding. The learned Tribunal, while dealing with the details of the pr...
Life Insurance Corporation of India Rep., by the Regional Manager Vs. ...
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2002(4)ALT815
ORDERBilal Nazki, J.1. Heard the learned counsel for the petitioner as well as the learned standing counsel for Lokayukta. Respondent No.3 has not chosen to appear.2. In a complaint filed by the respondent No.3 before the Upa Lokayukta a notice has been given to the petitioner asking him to appear before the Lokayukta. The complaint filed against the petitioner is with respect to Group Saving Linked Insurance Scheme of 1986. This writ petition has been filed on sole ground that Lokayukta has no jurisdiction to entertain complaints against the Life Insurance Corporation which is a Corporation created under the Central Act. In terms of Section 2 (K) (V) (2) of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983 (for short 'the Act') the Lokayukta has jurisdiction to entertain complaints against any Corporation (not being a local authority) established by or under a State Act and owned or controlled by the Government. Under Section 2 (e) of the Act the Government is defined as the St...
Mathews Peter Vs. Asst. Police Inspector, Crime Branch-ii and ors.
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(2)ALD(Cri)645; 2002(3)ALT47; 2002CriLJ1585
ORDERR. Ramanujam, J.1. The short question that arises for consideration in this writ petition is:Whether an investigating police officer has power to require attendance of a witness who is not residing within the limits of his police station or in any adjoining station?2. The facts giving rise to this question may now, briefly, be stated:The petitioner is a resident of Hyderabad city. Mr. N.K. Gaikwad, Sub-Inspector of Police, Crime Branch-II, Pune city i.e., the 2nd respondent herein had issued summons dated 24-9-1998, under Section 160 of the Code of Criminal Procedure, informing the petitioner that an investigation was going on by Samarth Police in Crime No. 3 of 1998 under Sections 420, 468, 471, 34, 109 and 120(B) of the Indian Penal Code and in that connection the presence of the petitioner was required for further investigation and, therefore, he should be present before him at Urvasi hotel, Punjagutta, Hyderabad at Room No. 317 on 25-9-1998 at 10 a.m. On service of the said su...
V. Prasada Rao Vs. the State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Aug-23-2001
Reported in: 2001(2)ALD(Cri)566; 2001(2)ALT(Cri)348; 2002CriLJ395
ORDERT. Ch. Surya Rao, J. 1. A short but important question that often crops up for consideration has arisen for determination in this petition. Whether the order of compensation passed by the Court can be stayed pending adjudication of the appeal is the seminal question.2. Under the impugned order, the learned Sessions Judge suspended the sentence of imprisonment passed in the judgment against the accused on condition of payment of fine and continuance of cash security already furnished. The learned Judge further directed that the order, directing payment of compensation of Rs. 5,60,000/- to be suspended subject to the condition of furnishing third party security. The petitioner is now assailing that part of the order whereunder the Court below directed the petitioner to furnish third party security for suspending the order directing payment of compensation.3. Compensation can be ordered to be paid by the Court under Section 357 of the Criminal Procedure Code (for short 'the Code'). F...
K. David Wilson Vs. Secretary to Government, Law Department (Legislati ...
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: 2001(5)ALD406; 2001(5)ALT65
ORDERS.R. Nayak, J.1. This writ petition is filed by Sri David Wilson, who was at the relevant point of time serving as Sub-Judge in the Andhra Pradesh Judicial Service, assailing the disciplinary action taken by the respondents - Government of Andhra Pradesh and High Court of A.P. removing him from service.2. The background facts leading to the filing of the writ petition be noted briefly as under: When the petitioner was serving as Subordinate Judge at Tadepalligudem, West Godavari District, he disposed of, by his judgment and decree dated 18-2-1992, a land acquisition OP No.22 of 1988 on his file awarding enhanced compensation of Rs. 85,000/- per acre and 30% statutory solatium, etc. Thereafterwards, 11 persons, one G. Satyanarayana Raju and 10 others claiming to be the residents of Tadepalligudem sent a petition to the learned District Judge, West Godavari District at Eluru, inter alia alleging that the petitioner is a corrupt officer and he awarded heavy compensation to the claima...
ibrahim Khan Vs. Secretary, Municipal Administration and Urban Develop ...
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: 2001(5)ALD619; 2001(5)ALT400
ORDERS.B. Sinha, C.J.1. The question which arises for consideration in this application is as to whether the petitioner is a workman or not under the Industrial Disputes Act can be effectively decided by the Tribunal in an application under Section 19 of the Administrative Tribunals Act.2. The petitioner worked as Vehicle Inspector in the Office of Municipal Corporation of Hyderabad. He claims that having regard to the nature of his duties viz., attending minor repairs, changing oils etc., and the Corporation being an Industry, he is a workman as envisaged in the definition under Section 2(s) of the Industrial Disputes Act and thus he ought to have continued in service till the age of 60 years.3. The petitioner at the first instance approached the State Administrative Tribunal questioning a notice dated 15-2-2000 indicating his date of retirement at 30-6-2000 on attaining the age of 58 years. The learned Tribunal dismissed the OA following its decision in another case in OA No. 892 of ...
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