Andhra Pradesh Court January 2002 Judgments
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Smt. R. Manjula and anr. Vs. the Principal Secretary to Government, Re ...
Court: Andhra Pradesh
Decided on: Jan-28-2002
Reported in: 2002(3)ALD648; 2002(1)ALT523
B. Sudershan Reddy, J.1. Both these writ petitions may be disposed of by a common order, since the issue involved in both the writ petitions is one and the same.2. The petitioner in W.P.No.801 of 2002 filed O.A.No.9633 of 2001 in the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal') with a prayer to issue 'appropriate directions calling for the records pertaining to the secret preparation of seniority list in the category of Tahsildars without communicating the same to anybody and making further promotions on the said list to the posts of Deputy Collectors and the consequential Memo No.63223/ Ser.I (2)/ 2001-2, dated 16-11-2001 issued by the first respondent-Government and quash the same as illegal, arbitrary and without jurisdiction.' The petitioner also prayed for a consequential direction directing the respondents not to make any promotions to the posts of Deputy Collectors until and unless the seniority list in the category of Tahsildars is communicated...
Apsrtc Vs. T. Saidaiah and ors.
Court: Andhra Pradesh
Decided on: Jan-28-2002
Reported in: 2002(2)ALD669
S.R. Nayak, J. 1. These writ appeals are directed against the common judgment of the learned single Judge dated 3-12-1996 made in WP Nos.1156, 1161, 1166 and 1170 of 1995. The appellant in all theseappeals is the APSRTC and the 3rd respondent in the writ petitions.2. The necessary facts leading to the filing of the writ appeals be noted briefly as under: The contesting private respondent in each of these writ appeals filed applications before the Regional Transport Authority, Nalgonda (for short RTA), for grant of permits on town service routes in Kodada town. APSRTC, the appellant herein, also filed similar applications for grant of permits. The RTA clubbed all those applications, considered the same and granted permits to APSRTC as well as to the contesting private respondents by proceedings dated 30-3-1992. Aggrieved by the said order of the RTA, the appellant herein filed Revision Petition Nos. 102, 110, 111 and 112 of 1992 under Section 90 of the Motor Vehicles Act, 1988 (for shor...
K. Rajagopala Rao Vs. P. Radhakrishna Murthy
Court: Andhra Pradesh
Decided on: Jan-28-2002
Reported in: 2002(2)ALD(Cri)213; 2002(3)ALT513; 2002CriLJ3405
ORDER1. Heard the learned counsel for the parties. Since the controversy involved is very short, the revision petition is being disposed of at this stage with the concession of the learned counsel for the parties. 2. It appears that the petitioner moved an application under section 340 of the Code of Criminal Procedure (for short 'the Code') seeking prosecution of the respondent on the ground that he had fabricated a document in a proceeding which was pending before the I-Addl. Junior Civil Judge, Vijayawada. Surprisingly the trial court in its order stated, 'At the outset this petition is not maintainable u/s 340 Cr.P.C., because criminal procedure code is not applicable in the civil proceedings. Any how, I am considering this petition u/s 151 CPC but the point arose for my consideration is whether the petitioner is entitled for the relief?' It is settled law that section 340 of the Code is applicable to all proceedings in all Courts irrespective of the fact whether the matter in a Co...
Madhusudhan K. Jani and anr. Vs. Andhra Bank, Bhanur Branch and ors.
Court: Andhra Pradesh
Decided on: Jan-28-2002
Reported in: 2002(3)ALT521
ORDERG. Rohini, J.1. The plaintiffs are the petitioners in this Civil Revision Petition which is directed against the order dated 28-09-1999 made by the II Senior Civil Judge, City Civil Court at Hyderabad in I.A.No. 1319 of 1997 in O.S.No. 1234 of 1997 allowing an application filed under Order 37 Rule 3 (5) of CPC thereby granting leave to defendants 4 and 5 to defend the suit.2. The brief facts of the case are as follows:The revision petitioners filed O.S. No. 1234 of 1997 against defendants 1 to 5 seeking a decree for recovery of Rs. 51,84,850/-. The defendants 1 to 3 failed to appear before the Court, but defendants 4 and 5, Branch Manager and Chairman and Managing Director of Andhra Bank, which is a Nationalised Bank filed I.A. No. 1319 of 1997 seeking leave of the Court to defend the suit. In the affidavit filed in support of the said application, it has been stated on behalf of defendants 4 and 5 that the suit has been filed as a counter blast to the criminal cases filed against...
Mohd. Ahmed Khan Vs. Government of Andhra Pradesh Represented by Its C ...
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(1)ALT431; 2002(1)ALT(Cri)188; 2002CriLJ1962
B. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for issuance of a writ of Habeas Corpus directing the respondents to produce Mohd. Jahangir Khan (hereinafter referred to as 'the detenu'), now detained in Central Jail, Chanchalguda, Hyderabad by declaring the impugned detention order in proceedings SB (I) No.1/PDA-LG/S-1/2001, dated 11th October, 2001 of the second respondent as bad, ultra vires and unconstitutional. The petitioner accordingly prays to set the detenu Mohd. Jahangir Khan at liberty.2. The petitioner herein is the son of Mohd. Jahangir Khan - the detenu who has been detained under the provisions of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'the Act').3. The second respondent-Commissioner of Police, Hyderabad City in exercise of the powers conferred under sub-section (2) of Section 3 of the Act read with ...
Thotakura Ravindra Babu and anr. Vs. Thotakura Seshagiri Rao
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(2)ALD521
Motilal B. Naik, J. 1. All these LPAs, except LPA Nos. 394 and 396 of 2001 arise out of different orders passed by learned single Judge of this Court in proceedings under Order 43, Rule 1 of the Code of Civil Procedure ( for short 'the CPC'). LPA Nos.394 and 396 of 2001 arise out of an order passed by the learned single Judge under Order 47, Rule 1 CPC. Since CRP No. 1951 of 2001 is connected to these two LPAs, all these matters are taken together for disposal at the request of the learned Counsel appearing on behalf of the appellants as well as respondents. 2. LPA No. 392 of 2001 is filed against the order made in CMA No. 2727 of 2000 dated 14-10-2001 by a learned single Judge. The said CMA was filed before the learned single Judge under Order 43, Rule 1 of CPC assailing the order dated 20-7-2000 made in IA No. 207 of 2000 in OS No. 25 of 2000 by the senior Civil Judge, Gudivada. 3. LRA (SR) No. 48909 of 2001 is filed against the order made in CMA No. 658 of 2001 dated 13-7-2001 by a ...
C. Kulsum Reddy and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(4)ALD203; 2002(3)ALT536
Bilal Nazki, J.1. This writ petition has been filed in public interest by five persons challenging the validity ofG.O.Ms.No. 419, Municipal Administration and Urban Development (ML) Department, dated 30-6-1998. By this G.O the Government laid down a scheme under which unauthorised constructions made till 30th June, 1998 could be regularised. The petitioners claim to be persons to whom the environment was dear. The petitioner No. 1 is a retired Reader in Political Science from Zakir Hussain College, New Delhi. She is a member of 'the Society for Preservation of Environment and Quality of Life' (hereinafter referred to as 'SPEQL')- She is also a life member of Indian National Trust for Art and Cultural Heritage (hereinafter referred to as INTACH). She is also member of the Society to save Rocks, Hyderabad. The second petitioner is a retired officer of Indian Administrative Service. He retired prematurely while he was working as Vice-Chairman of Hyderabad Urban Development Authority. He i...
Abk Prasad Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(3)ALT332; 2002CriLJ2464
Bilal Nazki, J.W.P. No. 860 of 1999 1. This Writ petition has been filed seeking a declaration that section 499 and 500 of Indian Penal Code are arbitrary, illegal and ultra vires of constitutional limitations and violative of Articles 14, 19(1)(a) and 21 of the Constitution of India. 2. The facts on the basis of which this Writ petition has been filed are; the petitioner is a journalist and is Chief editor of some Telugu dailies. He claims that while working as Editor of Telugu daily Vaartha a news item was published titled 'Apuroopa Kala Khandalanu Videsalaku Taralistunna Kalanjali'. This news item carried a report on the alleged sale of certain artifacts by Kalanjali in the city. After publication of this article the petitioner received a notice dated 17-8-96 on behalf of Mr. Ramoji Rao and M/s Margadarshi Marketing Pvt. Ltd. The petitioner sent a reply in which it was said; 'Kalanjali has been resorting to back door methods on smuggling and that in fact the article only mentioned t...
Lohman Castings Private Limited Vs. Andhra Pradesh State Electricity B ...
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(4)ALD719
S.R. Nayak, J. 1. The appellant herein is the petitioner in the writ petition. In the writ petition, the action of the A.P. State Electricity Board in refusing to receive the tenders from the petitioner was assailed.2. The petitioner also assailed the Circular No. CGG/311/F.Misc./148/95, dated 17-5-1995 issued by the Chief Engineer, Generation by which it was directed that no purchases shall be made from thepetitioner and others and no contract shall be awarded to the petitioner and certain others mentioned therein. Assailing the impugned circular dated 17-5-1995 among other grounds as could be seen from para-5 of the affidavit filed in support of the writ petition, it was contended that no notice or opportunity was given to the petitioner before the impugned circular was issued.3. The learned single Judge, opining that the refusal of the Board to purchase the goods from the petitioner cannot be equated to the blacklisting of the petitioner and that in the facts and circumstances of th...
Todday Tappers Co-operative Society, Maredpally, Secunderabad and ors. ...
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(4)ALD718
S.R. Nayak, J. 1. This writ appeal is directed against the judgment and order of the learned single Judge dated 24-7-1998 made in Writ Petition No. 13397 of 1998 insofar as the declaration of the learned single Judge that the increase of 30% of the rentals in respect of the appellant Societies for the excise years 1997-98, over and above the rentals of the year 1996-97 is valid is concerned.2. Before the learned single Judge who heard not only the above writ petition but also similar other writ petitions, it was contended on behalf of the toddy tappers cooperative societies that the impugned increase is totally arbitrary, unreasonable and violative of Article 14 of the Constitution of India and in support of that plea, they have pressed into service the ratio of the judgment of this Court in Guntakal Toddy Tappers Co-op. Society v. Government of A.P. and Ors., 1984 (1) APLJ 50.3. The learned Judge on consideration of the ratio of the above judgment rightly held that me said ratio is no...
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