Andhra Pradesh Court July 2002 Judgments
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G. Soma Raju and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2002(5)ALD29; 2002(4)ALT728
Ar. Lakshmanan, C.J. 1. The petitioners herein who are twenty in number and residents of Suryaraopet, Kakinada Rural, Kakinada, belonging to fishermen community, have filed this writ petition by way of Public Interest Litigation for a writ of mandamus declaring the action of the respondent No. 1 - Government of Andhra Pradesh in converting and leasing out the Beach Park situated at Kakinada Port in favour of respondent No.4 - M/s. Indian Molasses Company Ltd., Chennai (IMC) for establishing an industrial unit as illegal, arbitrary, capricious, without any sanction of law and violative of their fundamental right guaranteed under Article 21 of the Constitution of India and for a consequential direction to the respondents to take necessary steps for removal of encroachments and restore the Beach Park to its original position and maintain it properly.2. It appears that a news item published in a Telugu Daily Newspaper, Andhra Bhoomi of Rajahmundry Edition dated 8-4-2002 had prompted the pe...
K. Sreenivasa Rao Vs. Regional Director, Securities and Exchange Board ...
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2002(5)ALD100; 2002(4)ALT565; [2003]116CompCas238(AP)
Dr. AR. Lakshmanan, C.J.1. Heard Sri Y. Jagan Mohan, learned Counsel for the appellant - writ petitioner and Sri P.V.V.S. Rao and Sri P. Shankaranarayanan learned Counsel for the respondents.2. This writ appeal is directed against the order passed by the learned single Judge in WP No. 21241 of 2001 dated 25-4-2002. The writ petition was filed by one K. Sreenivasa Rao against the Regional Director, Securities and Exchange Board of India, Mumbai, Regional Director, Securities and Exchange Board of India, Chennai and six others who are doing business and are residents of Secunderabad. The writ petition was filed by the appellant with the following prayer:'To issue writ, order or direction more in the nature of writ of mandamus, declaring the transfer of 9.76 lakh shares belonging to petitioner in favour of the respondents 4 to 8 as illegal, untenable and void for being violative of Regulation 10 of Substantial Acquisition of Shares and Takeovers, Regulations, 1997 and consequently direct ...
Sri Bhavanarishi Co-operative House Building Society Vs. Joint Collect ...
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2002(5)ALD398; 2003(1)ALT182
ORDERV.V.S. Rao, J.1. The petitioner is a Cooperative Society, registered under the A.P. Co-operative Societies Act, 1964. The society filed the instant writ petition questioning the order dated 5-3-2001, passed by the 1st respondent in Rc. No.D5/266/97. By the said order purportedly passed under Section 9 of the A.P. Rights in Land and Pattedar Passbooks Act, 1971 (for short 'the ROR Act'), the 1st respondent cancelled the validation of two sale transactions inrelation to the society's land at the instance of the 2nd respondent. The writ petition was admitted on 27-4-2001 and by art order of even date passed in W.P.M.P. No. 10922 of 2001, this Court suspended the impugned order pending the writ petition. One Nawab Mehdi Khan fifed an application being W.V.M.P. No.26239 of 2001 praying this Court to implead him as respondent 31, which was ordered on 31-12-2001. Respondent 31 filed an application being WVMP No. 27280 of 2001 praying this Court to vacate the interim order passed on 27-4-...
Hindustan Lever Limited and anr. Vs. Board of Trustees, Visakhapatnam ...
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2003(1)ALD323
ORDERGhulam Mohammed, J.1. The petitioners filed the writ petition seeking for a declaration by way of writ of mandamus that the impugned bill Nos.TM/FH/GB/1 to 4, dated 9th May, 1990 are illegal and arbitrary and also for a direction not to enforce the said bills.2. It is averred in the affidavit filed in support of the writ petition that the 1st petitioner is a company limited by shares registered under the Companies Act, 1956 whereas the 2nd petitioner is an officer and shareholder of the 1st petitioner-company. The 1st respondent is a Board of Trustees of the Visakhapatnam Port constituted under and governed by the provisions of the Major Port Trusts Act, 1963 (hereinafter referred to as 'Act'). The 1st respondent is an authority under the control of Government of India and as such, constitutes State within the meaning of Article 12 of the Constitutionof India. The 2nd respondent is an officer of the 1st respondent, who passed the impugned orders.3. It is further averred that the p...
Laxmi Devi Vs. Iftekharunnisa Begum
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2003(2)ALD406
T. Ch. Surya Rao, J.1. The unsuccessful plaintiff has preferred the present appeal against the judgment and decree dated 4-11-1991 in O.S.No. 119 of 1984 passed by the learned Additional Chief Judge, City Civil Court, Hyderabad.2. The respondent herein is the defendant in the suit. The plaintiff filed the suit seeking the relief of specific performanceof the contract of sale dated 10-9-1978. The factual matrix is expedient to be set forth at the outset:3. It is the case of the plaintiff, inter alia, in the plaint that the defendant having agreed to sell the premises bearing Municipal No. 21-7-600 together with the appurtenant open land more fully described in the Schedule appended to the plaint executed a sale agreement on 10-9-1978 for a consideration of Rs. 30,000/- and received an amount of Rs. 5,000/- as earnest money and passed a separate receipt of even date. The property covered by the said agreement was subject matter of litigation since 1975 in between the defendant and one Ma...
B.T. Deva Varma Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-16-2002
Reported in: 2002(2)ALD(Cri)371; 2002(2)ALT(Cri)500; 2003CriLJ776
ORDERS.R.K. Prasad, J.1.The petitioner invokes the inherent powers of this Court Under Section 482, Cr. P.C. to quash the proceedings in C.C. No. 458/2000 on the file of IInd Addl. Judicial First Class Magistrate, Nellore.2. A brief resume of background of facts is necessary.It is alleged that a paper publication is said to have been made by the petitioner herein in Eenadu daily Telugu Newspaper (Nellore Edition) at page No. 11 on 11-6-2000 under a caption 'MINISTRY QF HEALTH HOSPITALS URGENTLY REQUIRES FOR SAUDI.' The said publication was made on behalf of A1-pasha International, Hyderabad. In the advertisement, it is mentioned that they need Doctors, Nurses and Technicians to Saudi Aribia. Thereupon, the Superintendent of Police, Nellore. In his letter vide C. No. 1272/SB-XI-NBR/97 dated 11-6-2000 instructed the Inspector of Police, Law and Order, Nellore, to verify the records of D. V. Association and to initiate criminal action against the concerned. The Inspector of Police, Nellor...
Vasam Kotayya and ors. Vs. S. Rayavaram Gram Panchayat, S. Rayavaram M ...
Court: Andhra Pradesh
Decided on: Jul-15-2002
Reported in: 2002(5)ALD98
S.R. Nayak, J.1. The appellants are the unsuccessful petitioners in the writ petition. They filed this writ appeal questioning the correctness of the view taken by the learned single Judge in WP No. 2636 of 2000 dated 31-10-2000 holding that the petitioners have statutory appeal under Section 128(1) of the A.P. Panchayat Raj Act, 1994 (for short, the Act). The appellants filed the above writ petition seeking for mandamus declaring the action of the S. Rayavaram Gram Panchayat, the 1strespondent herein, in granting permission bearing No. 51/99 dated 17-12-1999 to the 2nd respondent to construct a rice mill as arbitrary, contrary to Section 120 of the Act, Sections 89 and 92 of the A.P. Public Health Act, 1939, Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and violative of the petitioners' right under Articles 14 and 21 of the Constitution and for a consequential direction not to permit the 2nd respondent to construct any rice mill within the residential area of S...
Ramagundam Area Casual and Contract Workers Union Vs. Fertiliser Corpo ...
Court: Andhra Pradesh
Decided on: Jul-15-2002
Reported in: 2002(5)ALD118a
S.R. Nayak, J. 1. WA No.559 of 2000 is by Ramagundam Area Casual and Contract Workers Union represented by its Secretary K. Venkataiah whereas WA No. 1267 of 2000 is by the Fertilizer Corporation of India, Karimnagar. Both the appeals are directed against the same order of the learned single Judge dated 25-4-2000 made in WP No.6851 of 1998. 2. The appellant in WA No.559 of 2000 filed the above writ petition for mandamus or any other appropriate order or direction declaring the action of the Management of Fertilizer Corporation of India and its authorities in not regularizing the services of the canteen workers, who are the members of the petitioner association, as illegal and seeking direction to the Management to regularize the services of the canteen workers. 3. The case of the writ petitioner-Union, as set out in the writ affidavit, is thefollowing:- The Management has been running the canteen in the fertilizer unit since 1979 onwards as required under the provisions of the Factorie...
Mohammed and anr. Vs. Correspondent, Asafia High School and ors.
Court: Andhra Pradesh
Decided on: Jul-15-2002
Reported in: 2002(5)ALD609
ORDERGhulam Mohammed, J.1. Heard learned Counsel for both sides.2. It is averred that the 1st petitioner has been working as a Sweeper in 1st respondent- Asafia High School, Malakpet, Hyderabad from 9-6-1980 without any break in service. Likewise, the 2nd petitioner has been continuously working as Gardener-cum-Watchman with effect from 16-3-1981. Their posts were admitted to grant-in-aid and salaries are being paid to them from the matching grant received by the 1st respondent-management from the Government.3. It is averred that the petitioners originally belonged to full time contingent staff of the High School. The State Government issued G.O. Ms. No.9, Finance and Planning (F.W. PRC-IV), Department, dated 8.1.1981 stating that all full time contingent posts which have been created under the orders of a competent authority and which have been in existence for a period of 5 years or more as on 1st April, 1981 and which are required to be continued on a permanent basis be converted in...
A.P. State Co-operative Societies Secretaries and Employees Union Vs. ...
Court: Andhra Pradesh
Decided on: Jul-12-2002
Reported in: 2002(4)ALD527; 2002(4)ALT352
B. Sudershan Reddy, J.1. The Andhra Pradesh State Co-operative Societies Secretaries and Employees Union invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying to issue a writ of mandamus declaring the action of the respondents in not applying the revision of pay scales with effect from 1-4-1996 on par with the Category-V Supervisors of the District Co-operative Central Banks (DCCBs) and applying the earlier scales of pay to the members of the petitioner union by Memo No. 59283/97/K2, dated 25-9-1997 as arbitrary, illegal, unjust, against the principles of natural justice and opposed to the doctrine of 'Equal pay for Equal Work' and violative of the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India. The petitioner union also prays for issuance of an appropriate writ declaring Sections 5, 8, 12 and 36 of the Administrative Tribunals Act, 1985 (for short 'the Tribunals Act') as unconstitutional and...
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