Andhra Pradesh Court February 2002 Judgments
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S.S. Naidu Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-27-2002
Reported in: 2002(2)ALD741
S.R. Nayak, J. 1. This writ appeal is directed against the order of the learned Single Judge, dated 8.6.1999 in WP No. 6300 of 1999 dismissing the writ petition filed by the appellant-petitioner.2. In the writ petition, the appellant-petitioner sought for the following relief:'Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the Hon'ble High Court be pleased to issue a writ, order or direction, more particularly one in the nature of mandamus, directing the respondents to return to the petitioner's family the land of 2 acres 15582 sq. ft. in T.S. No. 83/1 of Waltair Ward of Visakhapatnam Municipal Corporation in implementation of the orders of the 1st respondent in G.O.Ms. No. 156 M.A. dated 25.2.1982 as reaffirmed in G.O.Ms. No. 121 M.A. dated 27.2.1990 by taking ail steps necessary for that purpose including the publication of withdrawal notification in the official Gazette in terms of Rule 5 of the Land Ac...
G. Vijayavardhan Vs. Senior Divisional Commercial Manager, Scr, Vijaya ...
Court: Andhra Pradesh
Decided on: Feb-27-2002
Reported in: 2002(3)ALD210; 2002(3)ALT419
S.R. Nayak, J. 1. This is the writ appeal filed by the 4th respondent in the writ petition assailing the correctness of the judgment of the learned single Judge dated 24.2.1997 in W.P.No. 8259 of 1996. In the said writ petition, the 4th respondent herein viz., G. Vijayavardhan assailed the action of the respondents I to 3 in allotting the Chemists stall in favour of the appellant-4th respondent by proceedings No. B/C/79/ Chemist Stall/Gnt./95, dated 13.2.1996 of the 2nd respondent by way of public interest litigation. Among other grounds, the validity of the impugned action was assailed on the ground that the 2nd respondent granted the stall to the appellant without issuing notification calling for applications from the interested persons and the procedure adopted by the official respondent is quite contrary to the well recognised procedure while disposing of the largesse of the State and its instrumentalities. The learned Judge as a matter of fact found that the stall was allottedto t...
Korada Bhaskara Rao Vs. Superintending Engineer, Operation Circle, Aps ...
Court: Andhra Pradesh
Decided on: Feb-27-2002
Reported in: 2002(3)ALD707; 2002(2)ALT551; [2002(94)FLR320]; (2002)IIILLJ186AP
Ar. Lakshmanan, C.J. 1. Heard the learned Counsel for the petitioner. Perused the records and the order impugned in the writ petition and the grounds of appeal.2. The appellant joined the service of the Andhra Pradesh State Electricity Board (for short 'the Board') on 24-11-1964 as Lower Division Clerk (LDC) and promoted later as Upper Division Clerk (UDC) in the year 1980. He was sanctioned earned leave for 30 days in 1985. On expiry of the leave the appellant did not join the duty,which culminated into a departmental enquiry. A punishment was imposed by reverting him from the post of UDC to LDC. The appellant was directed to join duty in the reverted post by order dated 20-8-1986 which was acknowledged by the appellant on 31-8-1986, against which he filed WP No. 16922 of 1986. This Court did not grant any interim order staying operation of the reversion order dated 20-8-1986. However, the appellant did not join the duty as directed by the Board. In these circumstances, the Board, inv...
Waterbase Ltd. Vs. Karuturu Ravendra, Proprietor, Butterfly Aquatech
Court: Andhra Pradesh
Decided on: Feb-27-2002
Reported in: 2002(1)ALD(Cri)689; 2002(2)ALT(Cri)68; [2003]115CompCas752(AP); 2003CriLJ967
D.S.R. Varma, J.1. This criminal appeal is filed challenging the judgment dated 2.4.1997 passed by the Court of Judicial First Class Magistrate, Kakinada in C.C, No. 321 of 1995.2. The complainant filed the complaint against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act'). The Court below, on evidence, found the accused not guilty of the said offence and accordingly acquitted him. Challenging the order of acquittal, the complainant had preferred this appeal.3. The facts of the case in brief are that the appellant is a company and it has been carrying on with the business of manufacturing and selling of prawn feed under the brand name 'Luxe Water Base' and the accused is the distributor of the appellant in East Godavari District. During the said transaction, the accused fell due to a sum of Rs. 1,55,87,952/- and in due discharge of the said liability, the accused issued a cheque dated 26.1.1995 drawn on the Corporatio...
G. Damodar Reddy Vs. Govt. of A.P., Panchayat Raj Dept. and ors.
Court: Andhra Pradesh
Decided on: Feb-27-2002
Reported in: 2002(6)ALT284
ORDERV.V.S. Rao, J.1. The Gram Panchayat, Kondamadugu, the third respondent herein, conducted an auction to lease the right to collect market fee (Rahadari fee) on the cattle brought to the cattle market of the Gram Panchayat. At Rs. 3,85,500/- per annum, the petitioner became the successful bidder and deposited Rs. 96,325/-being 1/4th of the bid amount. However, according to the petitioner, for a period of more than six months, he could not collect any market fee in the cattle market due to an agitation launched against mechanised slaughter house of Al Kabir. He, however, collected market fee for other months and paid the monthly instalment of Rs. 32,125/-.According to him, including the deposit, he paid an amount of Rs. 2,36,000/-.2. The petitioner approached the Government on 11-1-1995 requesting to grant remission under the relevant rules. It is alleged that the second respondent visited the village and submitted a favourable report. In spite of that, the Government, the first resp...
Sagi Bangarraju Vs. State Bank of India, Visakhapatnam
Court: Andhra Pradesh
Decided on: Feb-26-2002
Reported in: 2002(4)ALD285; 2003(2)ALT20
ORDER1. In this Second Appeal, an important question of law falls for consideration. The defendant in O.S. No.230/72 on the file of the Principal Subordinate Judge, Visakhapatnam is the appellant.2. The respondent filed the suit for recovery of an amount of Rs.9996/- through a preliminary decree for redemption of mortgage. The suit was decreed on 31.7.1973. Four months time was granted for the appellant herein for payment of the amount failing which the property was to have been brought under sale. The appellant paid an amount of Rs.3,000/- after decree.3. The respondent filed I.A. No.939/76 under Section 152 C.P.C. for correction of the decree on the ground that the decree drawn by the trial Court was not in conformity with the prescribed form. The I.A. was ordered on 21.4.1979. Thereafter, the respondent filed I.A. No.101/81 on 18.11.1980 for final decree proceedings. The Executing Court dismissed the I.A. as time barred through its order dated 24.8.1983.4. The respondent filed A.S. ...
Perali Water User Association, Guntur and anr. Vs. Government of Andhr ...
Court: Andhra Pradesh
Decided on: Feb-26-2002
Reported in: 2002(3)ALT636
ORDERBACKGROUND FACTS 1. The petitioners 2 to 52 are members of the first petitioner association (Perali Water Users Association No.130) and they are ayacutdars of irrigation channel called P.T.Channel which is part of Krishna Western Delta System (KWDS) under Nagarjunasagar - Srisailam Project. One of the distribution points of KWDS is Duggirala lock from where four major distributory channels including Commamuru channel branch off catering to the needs of ayacutdars in Guntur District and to a small extent in Prakasam District. Commamuru channel supplies water mainly to Guntur District and P.T. channel branches off at Nallamada lock. According to the petitioners, the Irrigation Advisory Board of Krishna District resolved to supply water to Krishna, West Godavari and Guntur Districts to an extent of Acs.2,18,000, Acs.27,000 and Acs.25,000 (total - Acs.2,70,000) under Prakasam barrage through four distributory channels including Commamuru channel. However, the Irrigation Advisory Board...
Andhra Semi Conductors (P) Limited, Hyderabad Vs. United India Insuran ...
Court: Andhra Pradesh
Decided on: Feb-26-2002
Reported in: 2002(2)ALD582
ORDERS. Ananda Reddy, J.1. By this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to 'the Act') the applicant is seeking to refer the dispute to an arbitrator nominated by this Court exercising the powers vested under Section 11 of the Act.2. According to the petition on averments, the petitioner is a registered Company under the Companies Act, 1956 and engaged in the business of distribution and supply of components manufactured by M/s. Bharat Electronics Limited in the State of Andhra Pradesh as their distributor. For the said purpose, the applicant has obtained the premises bearing H.No. 4-4-3167 1-B, Giriraj Lane, Banks Street, Koti, Hyderabad, where it has stored its stocks supplied by M/s. Bharat Electronics Limited. The said stock was hypothecated to their bankers, namely 'Dena Bank, Koti Branch, Hyderabad'. The stocks were also insured with the respondent Corporation. Originally the applicant obtained a fire policy on 30-8-19...
Pulukuri Chinnaiah Vs. Election Tribunal, Prakasam District and ors.
Court: Andhra Pradesh
Decided on: Feb-26-2002
Reported in: 2002(2)ALD631; 2002(2)ALT752
Dr. Ar. Lakshmanan, C.J.1. Heard Sri M. Brahma Reddy, the learned Counsel for the petitioner and Sri A. Sreedhar, the learned Counsel for the respondents.2. The writ petition has been filed to declare the order of the Election Tribunal-Junior Civil Judge, Podili, Prakasam District in rejecting the original petition filed by the writ petitioner under Section 233 of the A.P. Panchayat Act, 1994 on the ground that it is barred by limitation, as illegal and arbitrary and to direct the Election Tribunal to entertain and disposer of the same on merits.The petitioner along with others filed nomination for the election to the post of Sarpanch. The petitioner and the 2nd respondent herein were the contesting candidates for the said post. There is dispute between the parties in regard to the withdrawal of the nomination by the petitioner. In the result the 2nd respondent was declared elected as Sarpanch of the village. Challenging the said declaration the petitioner preferred original petition b...
K.G.V. Krishnaiah Vs. C. Venkata Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-26-2002
Reported in: 2002(3)ALD47
S.R. Nayak, J.1. Both these appeals are directed against the common Judgment of the learned single Judge dated 26.9.2000 made in WP Nos. 7416 and 2255 of 1999. Appellant in both the writ appeals is the common person, respondent No. 4 in WP No. 7416 of 1999 and 3rd respondent in WPNo. 2255 of 1999. The 1st respondent in WA No. 1226 of 2000 is the petitioner in WP No. 7416 of 1999 whereas the 1st respondent in WA No. 1227 of 2000 is the petitioner in WP No. 2255 of 2000. Both the writ petitioners, in their respective writ petitions, have assailed the validity of G.O. Ms. No. 45 Revenue (Endts. II) Department dated 12.1.1999. By the said Government Order, the Government allowed the review petition filed by the appellant, and directed the seniority of the appellant to be fixed notionally in the cadre of Upper Division Clerks (UDCs) and Superintendents over and above the 1st respondent in WA No. 1226 of 2000, namely, Mr. Venkata Reddy of Sri Bhramaramba Mallikarjunaswamy Devasthanam, Srisai...
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