Andhra Pradesh Court March 2002 Judgments

C.R. Damodar Reddy and ors. Vs. Government of India and ors.

Court: Andhra Pradesh

Reported in: 2002(3)ALD230

ORDERP.S. Narayana, J.1. Heard Sri Sudershan Reddy, Sri Parameshwar Reddy and Sri Chandra Sekhar Reddy, the learned Counsel representing the respective parties.2. Certain Specialist Officers of Central Bank of India had filed the present writ petition wherein the validity of the voluntary retirement scheme initiated by the Central bank of India 3rd respondent herein, as well as proper interpretation of salient features of the specified scheme fall for consideration.3. The facts in brief are as follows:4. The writ petition is filed for a writ of mandamus declaring the action of the 3rd respondent in excluding Specialist Officers from the coverage of Central Bank of India Employees Voluntary Retirement Scheme 2001, in short hereinafter referred to as 'CBIEVRS-2001', as per Clause 4.2(a) of Annexure-I to the said scheme as illegal, arbitrary and contrary to the Voluntary Retirement scheme prepared and approved by respondents 1 and 2 and consequently set-aside the same extending the said b...

Moparthi Sarojini Devi Vs. Kavuru Ramachandra Prasad and ors.

Court: Andhra Pradesh

Reported in: 2002(3)ALD253; 2002(4)ALT376

L. Narasimha Reddy, J.1. In this appeal, the judgment and decree dated 28-4-1995, in OS No. 6 of 1989 on the file of the Principal Subordinate Judge, Tenali, is in challenge. The defendant is the appellant. The parties shall be referred to as arrayed in the suit.2. The plaintiffs filed the suit alleging that their grand mother late Talasila Lakshmamma was the owner of the suit schedule property, during her life time she entered into an agreement of sale with the defendant for sale of the suit schedule property and on 1-10-1976, an agreement of sale between them was executed providing for sale of the suit schedule property at the rate of Rs. 13,500/- per acre, delivery of possession of the land was made on the date of agreement itself, payment of the balance amount was to be made within one month failing which the balance amount shall carry 18% interest. It is also stipulated in the agreement that if the sale deed is not executed during her lifetime, the defendant shall pay thebalance o...

J. Sriranga Rao Vs. Land Acquisition Officer and Revenue Divisional Of ...

Court: Andhra Pradesh

Reported in: 2002(3)ALD189

ORDERL. Narasimha Reddy, J. 1. The land of the petitioner in Sy. No. 4/B admeasuring an extent of Ac.1-10 guntas situated at Adrial village, Karimnagar District, was acquired by the 1st respondent for the purpose of mining operations of the Singareni Collieries. A notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published on 21-6-1985. An Award was passed on 18-9-1987 in respect of various items of lands as well as that of the petitioner. The compensation was awarded at the rate of Rs. 16,000/- per acre for went lands in category-I; Rs. 7,000/- per acre for the dry land in category-II; and Rs. 6,000/- per acre for dry land in category-Ill. Inasmuch as the title of the petitioner's land was in dispute, the matter was referred to the civil Court under Section 30 of the Act. The reference was taken up as OP No. 11 of 1988 on the file of the Subordinate Judge, Peddapalli. The Reference Court ordered OP No. 11 of 1988 in favour of the petitioner, through...

Amanullah Ghori Vs. Apsrtc, Hyd. and ors.

Court: Andhra Pradesh

Reported in: 2002(3)ALD333; 2002(5)ALT4

T. Meena Kumari, J. 1. Since the issue involved in these writ petitions is one andthe same, they are clubbed together and are being disposed of by this common judgment.2. The main issue involved in these writ petitions is that the petitioners are in occupation of various stalls in the bus-stations of the Road Transport Corporation in the entire State by paying rents. It is submitted by the leaned Counsel for the petitioners that the employees of the Road Transport Corporation went on strike in the entire Sate from 15-10-2001 to 7-11-2001 and that during that strike period, the petitioners were forced to close down their stalls by the Corporation to avoid any untoward incident till the strike was called off. It is also submitted that even when some petitioners tried to open their stalls and conduct business during the strike period, they were not permitted to open the stalls by the officials of the Corporation. Thus, the learned Counsel for the petitioners submit that the petitioners ha...

Takkali Appalanaidu (Died) by Lrs. Vs. Adari Satyanarayana and ors.

Court: Andhra Pradesh

Reported in: 2002(3)ALD290; 2002(5)ALT426

G. Bikshapathy, J. 1. The appeal is filed against the judgment and decree of the learned Subordinate Judge, Anakapalli in OS No. 61 of 1984 dated 5-7-1987. The trial Court tried together and disposed of two suits OS No. 61 of 1984 and 12 of 1987 by the said judgment. As far as this appeal is concerned, it is only filed against judgment and decree in OS No. 61 of 1984.2. The appeal came to be filed in the following circumstances:3. One T. Mahalaxamamma filed OS No. 204 of 1978 on the file of the Principal Subordinate Judge, Visakhapatnam and subsequently it was transferred to the Court of the Subordinate Judge at Anakapalli and renumbered as OS No. 61 of 1984. Originally the suit was filed for injunction in respect of the suit schedule properties. However, pending the suit the plaintiff i.e., Mahalaxamamma died and plaintiffs 2 to 4 came on record as legatees under the Will alleged to have been executed by Smt. Mahalaxamamma. Consequent on the other plaintiffs coming on record, amendmen...

Srinivas Rao Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2002(2)ALD(Cri)218; 2002CriLJ3880

ORDERGopala Krishna Tamada, J.1. This revision is directed against the judgment of the learned XVI Metropolitan Magistrate, Hyderabad in C.C. No. 66 of 1994 as confirmed by the learned Metropolitan Sessions Judge, Hyderabad in Criminal Appeal No. 559 of 1996 for the alleged offence punishable under Section 468 of the Indian Penal Code wherein the petitioner-appellant was sentenced to undergo rigorous imprisonment for a period of six months.2. The case of the prosecution according to the charge-sheet filed is that the petitioner herein offered surety in favour of the accused in Cr. No. 152 of 1992, registered under Sections 3 and 14 of the Foreigners Act, before the XTV Metropolitan Magistrate and in that context he produced his salary certificates. The XIV Metropolitan Magistrate on suspicion about the genuineness of the salary certificates produced by the petitioner herein referred the same and reported the matter to the Inspector of Police. Pursuant to that, a case in Cr. No. 6 of 19...

Bhavana Chits and Finance and Another Vs. Kancharla Abhiselomu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This is an application to condone the delay of 111 days in filing the appeal. 2. What is stated in the petitioners affidavit is that he made an application for certified copy of the order on 24.6.2002 and received the same on the same day. As he was suffering from hypertension with viral infection he was under the treatment of Dr. V.V.S. Prasada Rao till 25.10.2002. He became fit for travel from 8.11.2002. Accordingly he reached Hyderabad on 11.11.2002 and filed this appeal. Hence there is a delay of 111 days in filing the appeal. He also filed a certificate from Aswani Hospital stating that he was advised rest from 15.7.2002 to 25.10.2002. Even accepting the certificate issued by the hospital there is no explanation why the appeal was not filed till 11.11.2002 when he has become normal from 25.10.2002. This explanation, therefore, cannot be accepted and the application is devoid of merits and is accordingly dismissed. 3. Even otherwise there are no ...

Senior Regional Manager, Hindustan Petroleum Corporation Limited, Secu ...

Court: Andhra Pradesh

Reported in: 2002(2)ALD462; 2002(2)ALD462; [2002(95)FLR1195]

S.R. Nayak, J.1. The management of Hindustan Petroleum Corporation Limited (HPCL) has filed this writ appeal being aggrieved by the judgment and order of the learned single Judge dated 12-4-2001 in WP No. 15099 of 2000 dismissing the writ petition. In the writ petition, the management assailed the validity of the award dated 17-12-1999 passed by the Industrial Tribunal-I, Hyderabad in ID No. 20 of 1998. By the said award, the Industrial Tribunal directed the Management to regularise services of 26 workmen mentioned in Ex.W2 list against the existing vacancies applying rules of reservation in the order of seniority in the respective categories and if there are no vacancies, then to regularise their services as and when the vacancies arise. Further, the Industrial Tribunal directed that those 26 workmen are entitled to pay scales on par with regular employees with effect from 1-12-1999 and they should be paid arrears also.2. In the writ petition, the Management has not only questioned th...

Vice-chancellor-cum-chairman, Sri Venkateswara University, Tirupathi a ...

Court: Andhra Pradesh

Reported in: 2002(3)ALD1; 2002(3)ALT358

Dr. Ar. Lakshmanan, C.J.1. These two writ appeals arising out of an order passed by a learned single Judge of this Court in WP No. 24530 of 1997 dated 21-1-1999 were heard together and are being disposed of by this common judgment. While Writ Appeal No. 216 of 1999 was filed by the respondents 1 and 2 in the writ petition viz., Vice-Chancellor-cum-Chairman, Sri Venkateswara University, Tirupati and the Registrar of the University respectively, Writ Appeal No. 229 of 1999 was preferred by 3rd respondent-Dr.(Mrs.) K. Vijayakwnai. For convenience sake, the parties will be referred to by their status in the writ petition.2. The writ petition was filed by Dr. (Mrs.) T. Rajeswari to declare that the Mandal Revenue Officer, Kavali-4th respondent in the writ petition has no power or authority to issue Caste Certificate dated 18-2-1988 to the 3rd respondent in view of the guidelines issued under the Presidential Orders and various judgments of the Supreme Court and High Courts and that the said...

Mekala Yadaiah Vs. A.P. State Warehousing Corporation, Hyd. and ors.

Court: Andhra Pradesh

Reported in: 2002(3)ALD380

ORDERA. Gopal Reddy, J.1. In this writ petition, the petitioner challenges the action of the first respondent in entrusting the handling and transport work (H&T; work) in respect of godowns situated at Anishetty Duppalapalli village, Nalgonda otherwise than by issuing tender notification as arbitrary, illegal and violative of rights guaranteed under Constitution and for a consequential direction to the respondents to issue tender notice for awarding contract of H&T; work at the above godowns.2. The genesis of the lis: To overcome the problem of acute space shortage in the State for procurement, maintenance, storage and preservation of food grains, FCI offered minimum guarantee of 7 years occupancy for construction of 15 lakhs tons capacity of godowns to the first respondent, so that it can formulate a scheme for making available sufficient number of godowns at various places in AndhraPradesh. In turn the State Warehousing Corporation evaluated a scheme in consultation with FCI & State ...