Andhra Pradesh Court November 2002 Judgments
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Valluri Siva Kumar Rajah Vs. Koppuravuri Bhagavathi Devi and ors.
Court: Andhra Pradesh
Decided on: Nov-28-2002
Reported in: 2003(2)ALD101
P.S. Narayana, J.1. Heard Sri Srinivasa Murthy, the learned Counsel representing the petitioner, Sri Rama Krishna, the learned Counsel representing Respondents 1 and Respondent 2, Smt. Bhaskara Lakshmi, the learned Counsel representing Respondent 3 and the learned Government Pleader for Home, Sri Rama Rao representing Respondent 4 and Respondent 5. 2. The petitioner filed the Contempt Case under Sections 10 - 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act' in short). The facts in brief are as follows: 3. The petitioner filed C.R.P.No. 1705 of 2001 on the file of this Court questioning the eviction order passed in R.C.C.No.42 of 1990 on the file of the learned Rent Controller-cum-Principal District Munisif Guntur as confirmed in R.C.A.No. 18 of 1994 on the file of Principal Senior Civil Judge, Guntur and this Court after hearing both the parties, dismissed the C.R.P. by its order dated 31-12-2001 and granted time till the end of August, 2002 to vacate the pr...
K. Laxma Reddy and ors. Vs. the State of A.P. Through Sho, Keesara P.S ...
Court: Andhra Pradesh
Decided on: Nov-27-2002
Reported in: 2003(1)ALT(Cri)309
ORDERS.R.K. Prasad, J.1. The Assistant Sub Inspector of Police, Kesara Police Station, Kushaiguda Circle, Ranga Reddy District, on the basis of a complaint lodged by the 2nd respondent herein on 7.10.2001, filed a petty case charge sheet against petitioners 1 and 4 herein for the offence under Section 323 IPC before the Judicial Magistrate of First Class, Medchal, Ranga Reddy District, which was registered as S.T.C. No. 305 of 2001. On 9.10.2001 Petitioners 1 and 2 herein admitted the offence and pleaded guilty for the offence under Section 323 IPC. and they were convicted for the offence under Section 323 IPC and sentenced to pay a fine of Rs.250/- each , in default to suffer simple imprisonment for a period of 15 days each.2. The 2nd respondent herein has presented another complaint under Section 200 Cr.P.C. read with Section 190(1) Cr.P.C. against petitioners 1 to 6 herein in respect of the same incident that occurred on 6.10.2001, which is the subject matter of S.T.C. No. 305 of 20...
A.S. Prasad Vs. A.P. State Financial Corporation and ors.
Court: Andhra Pradesh
Decided on: Nov-27-2002
Reported in: 2003(1)ALD637; 2003(3)ALT780; III(2003)BC207; [2003]46SCL309(AP)
ORDERJ. Chelameswar, J.1. The writ petition is filed seeking to issue writ of mandamus or any other appropriate writ or direction declaring the action of the 1st respondent herein in invoking the powers under Section 29 of the State Financial Corporations Act, 1951 (for short, 'the SFC Act') for seizing the lease, hold premises bearing D.No. 1-1-145, 3rd-4th Floor, Happy Trade Centre, 62, SD Road, Secunderabad, as illegal, arbitrary and contrary to the provisions of the A.P. Protection of Depositors of Financial Establishments Act and Rules, 1999 (for short, 'the Act') and the orders passed in W.P. M.P. No. 19174 of 2002 in W.P. No. 9174 of 2002 dated 23-8-2002 and pass such other or further orders as this Court deems fit and proper in the circumstances of the case.2. The petitioner claims to have taken the premises bearing D.No.1-1-145 to 147, 3rd-4th Floor, Happy Trade Centre, 62, SD Road, Secunderabad, on lease. The 1st respondent-A.P. State Financial Corporation, Hyderabad disputes...
KhairuddIn Vs. Inspector of Works, Central Railway and ors.
Court: Andhra Pradesh
Decided on: Nov-27-2002
Reported in: 2003(1)ALD707; 2003(3)ALT741
L. Narasimha Reddy, J. 1. These five Second Appeals arise under similar set of circumstances in all respects. Hence, they are disposed of through a common judgment.2. The appellants were granted licences in respect of the vacant land belonging to the respondents (Railways), in the year 1977. It is the case of the appellants that with the permission of the respondents, they have made constructions and have been using the same. In the year 1988, the respondents terminated the licences granted to the appellants. The appellants filed W.P.No.753 of 1998 and batch challenging the proceedings of termination of licences. The writ petitions were dismissed. They preferred writ appeals. A Division Bench ofthis Court dismissed the writ appeals also. One of the contentions raised by the appellants was that the documents under which they were granted licences provide for arbitration and that the same has not been resorted to. That aspect was left open by the Division Bench.3. The appellants filled O...
Narhar Raj (Died) by Lrs. and ors. Vs. Tirupathybibi and anr.
Court: Andhra Pradesh
Decided on: Nov-27-2002
Reported in: 2004(4)ALD136
V.V.S. Rao, J.Introduction:1. In this regular appeal filed against the judgment and decree in O.S. No. 112 of 1984, dated 10-7-1984 passed by the Court of the Additional Chief Judge-cum-I Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, the plaintiffs are the appellants. The suit was filed for declaration and injunction in relation to the open land admeasuring Acs.5.00 with compound wall known as Narayan Bagh bearing Municipal No. 18-9-30, Chandrayana Gutta, Keshavagiri, Bandlaguda Village. The suit was disposed of by the Trial Court observing that the suit as laid for declaration and injunction is not maintainable and that the plaintiffs ought to have filed the suit for declaration of their title to the suit property.2. The appeal raises two questions: (1) Whether the suit for negative declaration that Defendants 1 and 2 (Respondents 1 and 2 herein) have no interest, claim or right either joint or otherwise as to ownership and/or possession of the suit schedu...
C. Anjaneya Reddy Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-26-2002
Reported in: 2002(6)ALD798; 2003(1)ALT139
AR. Lakshmanan, C.J.1. This writ petition is filed by one Sri C. Anjaneya Reddy, IPS, presently working as Chairman and Managing Director of Andhra Pradesh Tourism Development Corporation Ltd., in the cadre of Director General of Police challenging the order of the Central Administrative Tribunal, Hyderabad in O.A.No.280 of 2002 dated 17.7.2002 declining to interfere with the order of the State Government in G.O. Rt. No.809 G.A. (SC.C) Department dated 18.2.2002 whereby and whereunder the 3rd respondent herein was appointed and posted as Director General and Inspector General of Police of Andhra Pradesh.2. The petitioner by way of this writ petition seeks a writ of certiorari calling for records pertaining to O.A. No.280 of 2002 and G.O. Rt. No.809 GA (SC.C) Department, dated 18.2.2002 and to set aside the same and consequently for a direction to the 1st respondent to appoint him as Director General and Inspector General of Police.3. The petitioner was appointed to the Indian Police Se...
D. Prasada Rao Vs. A.P. State Co-operative Bank and anr.
Court: Andhra Pradesh
Decided on: Nov-26-2002
Reported in: 2003(1)ALD719; [2003(97)FLR97]; (2003)IIILLJ334AP
ORDERElipe Dharma Rao, J.1. The petitioner herein seeks to declare proceedings No. CDR/231-D/3395, dated 25-1-2002 of the 1st respondent refusing to pay the interest on the delayed payment of gratuity amount payable to the petitioner on 31-3-2000 for the period of delay from 1-4-2000 to 8-10-2001 as illegal and without jurisdiction and consequentlydo direct the respondents to consider and pay the compound rate of interest at therate of 18% per annum.2. The case of the petitioner who joined as clerk in the respondents-Cooperative Bank is that though he retired on attaining age of superannuation as Assistant General Manager on 31-3-2000, the retirement gratuity payable to him is not paid to him on the ground that a charge memo dated 31-3-2000 was issued. The petitioner challenged the same in W.P.No. 11256 of 2001, which was allowed by this Court on 8-10-2001 following the judgment in W.P.No. 26148 of 2001, dated 25-4-2001 declaring that the respondents have no jurisdiction to continue th...
Kopparthi Rama Krishna Vs. Divisional Panchayat Officer and ors.
Court: Andhra Pradesh
Decided on: Nov-26-2002
Reported in: 2005(1)ALT550
ORDERL. Narasimha Reddy, J.1. The petitioner is a villager of Losari village. West Godavari District. He states that there is a tank in the village spread over Ac. 7 and in the recent past, portion of it has been encroached by several persons. The petitioner complains that the respondents are proposing to put the fishing rights in the said tank into auction even without removal of the encroachments.2. According to the petitioner, if the tank is put to auction after the encroachments are removed, it will fetch fairly reasonable amount.3. Heard the learned counsel for the petitioner and the learned G.P. for Panchayat Raj.4. From the representation dt. 20-9-2002 submitted by certain villagers to the 1st respondent, it is evident that they complained about the existence of certain encroachments in the tank. The complaint of the villagers cannot be said to be without basis. The Hon'ble Supreme Court and this Court have been taking consistent view that wherever there exist any public water b...
S. Ramesh Babu Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2002
Reported in: 2003(1)ALD421; 2003(1)ALT244
B. Sudershan Reddy, J. 1. This batch of writ petitions may be disposed of by a common order since the question that falls for consideration is one and the same in all of them. In fact, all hese writ petitions are directed against the common order made in O.A. Nos. 1854, 6314, 6334, 6335 of 1997 and 4278 of 1999, dated 15-5-2002 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The respondents-applicants in this batch of writ petitions have invoked the jurisdiction of the Tribunal challenging the constitutional validity of the rules issued in G.O. Ms. No. 14, Labour, Employment and Training (Lab.IV) Department, dated 26-11-1994 as amended in G.O. Ms. No. 22, Labour, Employment, Training and Factories (Lab.IV) Department, dated 9-5-1996. According to them, the said rules are unconstitutional being violative of the Presidential Order. The respondents-applicants have accordingly prayed the Tribunal to set aside the orders issued in favour of the writ petitioners in W.P. Nos. 104...
S. Inderasaina Reddy Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2002
Reported in: 2003(1)ALD458; 2003(1)ALT121
Motilal B. Naik, J. 1. Petitioner claiming to be the General Secretary of Andhra Pradesh Congress Committee, approaches this Court invoking Article 226 of the Constitution of India and seeks a writ of mandamus directing the 1st respondent to initiate investigation against the 4th respondent pursuant to the petitioner'slegal notice dated 26-9-2002, pertaining to the grant of the D-Form patta to the 4th respondent on 20-11-1978 vide File No. 1597/88 and to grant such other relief as it deem to be fit and proper in the circumstances of the case.2. It is submitted by Sri Sripada Prabhakar, learned Counsel for the petitioner that on 20-11-1978 the 3rd respondent-District Collector, Nellore District, assigned Ac.4.95 cents of land by issuing D-Form patta to the 4th respondent Sri M. Venkaiah Naidu, who is presently holding the office of the President of Bharatiya Janata Party. According to the learned Counsel, grant of D-Form patta on 20-11-1978 assigning Ac.4.95 cents of land to the 4th res...
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