Andhra Pradesh Court January 2002 Judgments
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Margadarsi Chit Fund Pvt. Ltd., Hyderabad and Etc. Vs. the State/Gover ...
Court: Andhra Pradesh
Decided on: Jan-23-2002
Reported in: AIR2002AP305
ORDER1. All these writ appeals are directed against the common order of a learned single Judge of this Court dated 28-9-1999 made in W. P. No 10015 of 1992 and batch. The appellants are the petitioners in the writ petitioners. In the writ petitions, the petitioners sought for a Mandamus declaring the Memo No: 78348/Regn.112/91-92, dated 4-6-1992 issued by the Government of Andhra Pradesh and the consequential Circular Memo No: CF/24005/91, date 18-7-1992 as mala fide, arbitrary, inoperative and illegal being violative of the provision of the A.P. Chit Funds Act. 1971 (for short 'the Act') and the Rules made thereunder and as violative of the fundamental rights of the petitioners guaranteed under Article 19(1)(g) of the Constitution of India and for a con-sequential direction to the respondent authorities not to insist for the deletion of Bye-laws 11(3) (a) , 14 (a) and 16 (c) and certain other bye-laws providing for the procedure for meeting the expenditure in relation to and in managi...
M.R. Vijaykumar Vs. T. Satyanarayana
Court: Andhra Pradesh
Decided on: Jan-23-2002
Reported in: 2002(4)ALT160
ORDERDubagunta Subrahmanyam, J.1. The appellant in R.A.No.774 of 1994 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad, filed this revision petition confirming the order of Additional Rent Controller, Secunderabad, in R.C.No.177 of 1992 on his file.2. Brief facts for the disposal of this revision petition are as follows:The revision petitioner is admittedly the landlord of the petition schedule premises. He filed the petition seeking eviction of the respondent-tenant on the ground that he is residing in a rented house and he requires the petition schedule premises for his personal occupation. It is also pleaded that he is about to retire from service and he is not in possession of any residential premises of his own in the twin cities and as his sons are being educated, they require additional accommodation for their stay. It is the plea of the respondent-tenant that the present residence of the petitioner is free of rent, the said premises belongs to charitabl...
Sri Fazal Ali Vs. State of A.P., Home Dept. and ors.
Court: Andhra Pradesh
Decided on: Jan-23-2002
Reported in: 2002(6)ALT600
ORDERGhulam Mohammed, J. 1. The petitioner is the owner and possessor of the property bearing No: 3-5-784, situated opposite to Judy Mosque, King Kothi, Hyderabad. The said property with various sub numbers including covered area and open area, admeasures about 2,426 square yards. The said property originally belonged to H.E.H., the Nizam of Hyderabad and the same was included in the 'Blue Book' of the Nizam's property, and, the same was gifted to the petitioner in 1954 by the late H.E.H. the VII Nizam of Hyderabad being the petitioner as one of his adopted sons. The petitioner has sold the portion thereof, and is presently in possession of the main premises bearing No. 3-5-784/1. With a view to take up certain additions and alternations, he had applied for sanction to the Municipal Corporation of Hyderabad. Even though, the said plan is deemed to be the sanction, the M.C.H. still tried to interfere with the construction, as a result of which he filed OS. No. 123 of 1987 before the 1st...
R. Narayana Reddy Vs. Chunduru Jayachandra
Court: Andhra Pradesh
Decided on: Jan-23-2002
Reported in: 2002(1)ALT600
ORDERD.S.R. Varma, J.1. This revision petition is filed challenging the order dated 7-7-1999 passed by the Court of Senior Civil Judge, Nellore in R.A.No. 2/1983. By the said order, the lower appellate Court, (on remand by this Court in C.R.P.No. 910/1990 dated 27-2-1996 with certain observations), reversed the order dated 16-11-1982 passed by the Court of Rent Controller-cum-Principal District Munsif, Nellore in R.C.C.No. 39/1978 and ordered eviction of the tenant by allowing the appeal. Aggrieved by the order of eviction, the tenant has preferred this revision.2. For the sake of convenience, the parties shall be referred to as tenant and landlord.3. Heard Sri S.R. Ashok, learned Senior Counsel for the revision petitioner - tenant and Sri S. Srinivas Reddy, learned Counsel for the Respondent-landlord.4. Before referring to the respective contentions, it is necessary to note few admitted facts on records, as under:The landlord obtained the schedule premises under a registered partnersh...
Urimi Kamakshamma (Died) and ors. Vs. Bolem Seethamma
Court: Andhra Pradesh
Decided on: Jan-23-2002
Reported in: 2002(3)ALT490
ORDERV.V.S. Rao, J.1. The order dated 8-7-1997, passed by the Court of the Subordinate Judge-cum-appellate authority, Machilipatnam, Krishna District, in C.M.A.No. 5 of 1987, filed by the respondent herein Under Sections 20 of the A.P.Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act'), against the order of eviction suffered by her in R.C.C.NO. 45 of 1982, dated 30-4-1997, on the file of the Court of the Rent Controller, Machilipatnam, Krishna District, is assailed in this revision petition. By the impugned order, the appelllate authority reversed the order of eviction and dismissed the Rent Control case, filed by one Smt. Urimi Kamakshamma. Initially, Kamakshamma filed appeal before the Court of the Subordinate Judge, Machilipatnam, Krishna District, and during the pendency of the said appeal, she died. Therefore, her legal representatives; her husband, sons and daughters were brought on record by an order dated 29-11-1990, passed in LA. No. 1313 of 1990. They...
Shaik Haneef and ors. Vs. Secretary, Excise Dept. and ors.
Court: Andhra Pradesh
Decided on: Jan-22-2002
Reported in: 2003(2)ALT538
ORDERD.S.R. Varma, J.1. This writ petition is filed challenging the common order dated 27-10-1997 passed by the Andhra Pradesh Administrative Tribunal in O.A.Nos. 3187, 3188 and 3189 of 1991. By the impugned order, the Tribunal directed the official respondents to fix the seniority of the applicants, who are unofficial respondents herein, by granting their service rendered by them in the Revenue Department with all consequential benefits, treating them as candidates transferred to the Excise Department on administrative grounds.2. The case of the petitioners is that they were initially appointed in different capacities in the Excise Department during the period between 1974 to 1986. Subsequently they were promoted as Junior Assistants between the period from 1985 to 1988. The unofficial respondents herein were appointed as Junior Assistants in the Revenue Department through proceedings dated 22-6-1984 through the Public Service Commission. Later on they were rendered as surplus in the ...
B. Balakishan and Two ors. Vs. Transport and R and B Dept. and ors.
Court: Andhra Pradesh
Decided on: Jan-22-2002
Reported in: 2003(1)ALT574
ORDERD.S.R. Varma, J.1. This writ petition is filed challenging the common order dated 23-10-1998 passed by the Andhra Pradesh Administrative Tribunal. Hyderabad in O.A.Nos. 23086 to 23091 of 1991.2. By the impugned order, the Tribunal set aside the proceedings of the Government in memo No. 451/Tr.I(1)/89-1 dated 19-5-1990 and directed the official respondents to consider the claim of the applicants who have come from Civil Supplies Department to the Transport Department, for regularization of their services as Junior Assistants with effect from the date of their first appointment in the Civil Supplies Department and for promotion in the Transport Department. Aggrieved by the said direction, the unofficial respondents before the Tribunal who were originally appointed in the Transport Department, filed the present writ petition.3. The facts in brief are that the writ petitioners were originally appointed on temporary basis in the Transport Department in the years between 1967 and 1969 a...
Podugu Jayalakshmi Vs. Shahjedi Begum
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: 2002(3)ALD506
1. Appellant filed the suit initially for cancellation of the sale deed dated 29-1-1975 executed by her in favour of the respondent in respect of the plaint schedule property. Subsequently she got the plaint amended to declare her date of birth as 11-3-1959 and consequently to declare the sale deed dated 29-1-1975, executed by her in respect of the plaint schedule property in favour of the respondent is null and void. 2. The case, in brief, of the appellant is that after the death of Narayanamma, the first wife of her husband Podugu Ramulu, she was given in marriage to him on 5-5-1974 and since her husband died intestate, shortly after their marriage, on 4-6-1974, she inherited all his properties, including the plaint schedule property, and that the husband of the respondent and others, by playing fraud on her, got the sale deed dated 29-1-1975, in respect of the plaint schedule property executed by her with false recitals for a meager consideration of Rs.30,000/-, though in fact no co...
Government of India and anr. Vs. Nataraj Raw and Para Boiled Rice Mill ...
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: 2002(2)ALD199; 2002(2)ALT42
Ar. Lakshmanan, C.J. 1. This writ appeal is directed against a judgment dated 24th August, 2001 passed by a learned single Judge of this Court in WP No. 26615 of 1998 allowing the writ petition.2. The respondents in the writ petition are the appellants herein. The writ petition was filed seeking a Writ of Mandamus declaring the action of the appellants-respondents in disallowing the price stipulated for Grade-A rice in respect of the levy rice supplied by the writ petitioners for the period from 18-3-1998 to 31-3-1998 basing on the instructions issued by the 2nd respondent-appellant in his letter dated 9-3-1998 as arbitrary and illegal and for issuance of a consequential direction directing the respondents- appellants to fix the price of Grade-A for all the consignments of rice which were supplied by the writ petitioners for the period from 18-3-1998 to 31-3-1998.3. The learned single Judge, as already stated by us above, has allowed the writ petition and directed the respondents-appel...
Devu Veerabhadra Rao and ors. Vs. Gollapalli Latchanna (Died) by Lrs. ...
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: 2002(2)ALD230; 2002(3)ALT608
E. Dharma Rao, J.1. This civil revision petition is directed against the order dated 18-4-1988 in Civil Miscellaneous Appeal No. 1 of 1985 passed by the learned III Additional District Judge, Kakinada, dismissing the appeal preferred against the order dated 5.10.1982 passed by the learned I Additional Subordinate Judge, Kakinada, in E.A. No.46 of 1982 in E.P. No.247 of 1978 in O.S. No.46 of 1976, filed under Section 47 of the Code of Civil Procedure (for brevity the Code), allowing the petition for setting aside the sale holding that there was no sale in the eye of law and the same was treated as nullity on the ground that the petitioners herein have no saleable interest in the suit schedule property and they have played fraud both on the respondents and the Court.2. The facts, in nutshell, leading to the filing of this revision petition, are that the first respondent who was the decree holder in OS No. 47 of 1976, brought theproperties of the respondents 2 to 4 for sale in execution o...
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