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Andhra Pradesh Court September 2002 Judgments

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Sep 30 2002

Chenna Basvanna Vs. Special Court Under A.P. Land Grabbing (Prohibitio ...

Court: Andhra Pradesh

Decided on: Sep-30-2002

Reported in: 2003(2)ALD607

S.R. Nayak, J. 1. This writ petition is directed against the judgment and order dated 18.8.1998 passed in LGC No. 82 of 1996 on the file of the Special Court constituted under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act'). The petitioner who is the 1st respondent in the above LGC is held to be a land grabber within the meaning of that term as defined under Clause (d) ofSection 2 of the Act. By the impugned order, the petitioner-1st respondent is directed to vacate and deliver vacant possession of the applicant schedule land to the applicant viz., V. Hari Shankar, who is the 2nd respondent in this writ petition within a period of two months.2. The background facts of the case be stated briefly as under: The 2nd respondent-applicant filed L.G.C.No. 82 of 1996 under Section 8 of the Act for declaration that the writ petitioner is a land grabber in respect of the applicant schedule land, for his eviction and recovery of possession thereof. The case of the appli...


Sep 30 2002

Katuri Sreenivasa Rao Vs. State of A.P. and ors.

Court: Andhra Pradesh

Decided on: Sep-30-2002

Reported in: 2002(2)ALD(Cri)711; 2003(1)ALT(Cri)53; 2003CriLJ1640

ORDERC.Y. Somayajulu, J.1. Order dated 8-8-2002 issuing NEW against the petitioner, who is cited as a witness in C.C. No. 62 of 2001 on the file of the Court of the Additional Judicial First Class Magistrate, Chirala 'is the subject matter of this petition.2. One P. Bala Sankar Rao filed a private complaint against respondents 2 to 4 for offences under' Sections 365, 342 and 383 read with Section 34, IPC citing the petitioner and others as witnesses on his behalf, which was referred to the police for investigation under Section 156(3), Cr. P.C. The same was registered as Crime No. 12 of 2001 by the Chirala II Town Police. After investigation, the police filed a charge sheet for offences under Sections 365, 342 and 383 read with Section 34 Indian Penal Code against respondents 2 to 4 herein. The learned Magistrate posted the case for trial to 1-8-2002, after framing charges and issued summons to witnesses. Since the petitioner and others were not present on 8-8-2002 though they were ser...


Sep 27 2002

Sai Baba Vs. Md. Kareem Khan

Court: Andhra Pradesh

Decided on: Sep-27-2002

Reported in: 2003(3)ALD403

ORDER1. Civil Revision Petition No.2166 of 2002 is filed against the Order dated 22-4-2002 passed by the Court of II Senior Civil Judge, City Civil Court, Hyderabad dismissing E.A.No.92 of 2002 in E.A.No.65 of 2002 in E.P.No.93 of 1999 in O.S.No.657 of 1998, while Civil Revision Petition No.3423 of 2002 is filed under Article 227 of the Constitution of India against the Order dated 20-3-2002 made in E.P.No.93 of 1999 in O.S.No.657 of 1998 on the file of the Court of II Senior Civil Judge, City Civil Court, Hyderabad. 2. The petitioner in Civil Revision Petition No.3423 of 2002 is the respondent in Civil Revision Petition No.2166 of 2002, while the 1st respondent in Civil Revision Petition No.3423 of 2002 is the petitioner in Civil Revision Petition No.2166 of 2002. I will hereinafter refer the parties as arrayed in Civil Revision Petition No.3423 of 2002 for the sake of convenience.The petitioner is the 5th defendant in O.S.No.657 of 1998, which was filed by the 1st respondent against ...


Sep 27 2002

Tiruvaipati Ananda Babu and anr. Vs. Kanamarlapudi Manikyamma (Died) b ...

Court: Andhra Pradesh

Decided on: Sep-27-2002

Reported in: 2003(1)ALD145

ORDERB. Sudershan Reddy, J.1. Tenants are the petitioners in this Civil Revision Petition filed under Section 22 of the A.P. Buildings (Lease. Rent and Eviction) Control Act (for short 'the Act') Respondents 1 and 2 filed the petition under Section 10(2)(i), 10(2)(v), 10(3)(a)(iii)(a) of the Act seeking the eviction of the petitioners from the petition schedule non-residential premises. It is averred that the monthly rent payable in respect of the premises is Rs. 650/- which is payable at the end of every tenancy month. Originally the father of the petitioners herein was the tenant and after his demise the petitioners continued in the said non-residential premises as the tenants. It is case of the respondents-landlords that the petitioners did not pay or tender the rents for the months of April and May, 1990 even up to 31-5-1990. On 16-6-1990 a notice was issued calling upon the petitioners to pay the arrears of rent and to vacate the premises. The petitioners thus committed wilful def...


Sep 27 2002

K. Ravi and anr. Vs. A. Santhi Kumari

Court: Andhra Pradesh

Decided on: Sep-27-2002

Reported in: 2002(6)ALD633

ORDERB.S.A. Swamy, J. 1. Questioning the action of the respondents in not considering the cases of the petitioners for promotion in the subject in which they are holding Post-Graduate qualification on the ground that they have no teaching experience of minimum two years in the subject in which they are having Post-Graduate qualification (hereinafter called cross promotions) Writ Petition No. 17560 of 1999 was filed. 2. It is not the case of the respondent herein that the petitioners are not working in the service of the Society as teachers for a minimum period of two years. 3. Though the relief sought for is covered by a judgment of this Court inGiridhar Kishore 's case, the learned Government Pleader went on arguing that the relief sought for is not covered by that judgment. I heard him at length by giving him number of opportunities and ultimately by order dated 5th November, 1999 I declared the action of the respondents as illegal and gave a direction to consider the cases of the pe...


Sep 26 2002

Land Acquisition Officer and Special Deputy Collector (La), Somasila P ...

Court: Andhra Pradesh

Decided on: Sep-26-2002

Reported in: 2002(6)ALD110; 2002(6)ALT686

G. Yethirajulu, J.1. These petitions viz., CMP No. 13903 of 2002 in A.S. (SR) No. 35071 of 2002, CMP No. 13907 of 2002 in AS (SR) No.35238 of 2002, CMP No. 13908 of 2002 in AS (SR) No.35063 of 2002, CMP No. 14487 of 2002 in AS (SR) No. 35016 of 2002, CMP No. 15370 of 2002 in AS (SR) No.35067 of 2002 are filed by the Special Deputy Collector (Land Acquisition), Somasila Project, Unit-IV, Rajampet, Cuddapah District seeking to condone the delay of 694, 715, 694, 584 and 707 days respectively in preferring the appeals against the orders and decrees of the Senior Civil Judge, Rajampet in LA OP Nos.39, 48, 42, 141, and 50 of 1999 respectively dated 9-2-2000 enhancing the compensation awarded by the State.2. Since all the appeals arise out of the same acquisition, these petitions for condonation of delay in filing the appeals are clubbed and this common order is passed.3. The brief facts of the cases leading to the filing of these appeals, as stated in the affidavit filed in support of the p...


Sep 26 2002

Kanakam Srinivasa Rao Vs. Ganga Venkateswara Rao and anr.

Court: Andhra Pradesh

Decided on: Sep-26-2002

Reported in: AIR2003AP38; 2002(6)ALD169; 2002(6)ALT201

ORDERS. Ananda Reddy, J.1. This revision petition is filed by the 1st respondent before the lower Court, aggrieved by the order passed in EA No. 388 of 2001 in EA No. 147 of 2001 in O.S. No. 92 of 1999, dated 6th March, 2002. 2. The Petitioner herein filed a suit OS No. 92 of 1999 on the file of the Additional Senior Civil Judge, Srikakulam for recovery of certain amount against the 2nd respondent. The Petitioner also filed IA No. 463 of 1999 under Order XXXVIII, Rule 5 of the Code of Civil Procedure for attachment of term deposits of the 2nd respondent in a sum of Rs. 62,000/- and Rs. 15,000/-respectively lying with the State Bank of India, Main Branch, Srikakulam. The lower Court ordered attachment on 16-12-1999 against the said deposits and also issued prohibitory orders to the Branch Manager, State Bank of India. The said order was served on the said Branch Manager on 17-12-1999. 3. The facts also further show that the 1st respondent herein also filed OS No. 93 of 1999 on the file ...


Sep 26 2002

N.D. Chowda Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Sep-26-2002

Reported in: 2002(2)ALD(Cri)673; 2003(1)ALT(Cri)143; (2003)IILLJ814AP

S.R.K. Prasad, J. 1. The petitioner being accused invokes the inherent powers vested in this Court under Section 482 of the Code of Criminal Procedure to quash the proceedings in S.T.C. No. 331 of 1999 on the file of the Special Judicial First Class Magistrate (Labour and Factory Act) North and East, Ranga Reddy District. A brief resume of background of facts is necessary: 2. The petitioner-accused is the director of Bhagyanagar Metals Limited, a company registered under the Companies Act, established for the manufacture of jelly filled telephone cables and it is having its registered office at Surya Towers, Secunderabad, and the factory at Uppal Kalan, Uppal, Hyderabad. For the purpose of carrying out its manufacturing activities, it has engaged some skilled and unskilled persons. The State Government of Andhra Pradesh, in exercise of the powers conferred by Sub-section (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970), issued G.O. ...


Sep 26 2002

K.C.P. Sugar and Industries Corporation Limited Vs. Government of Andh ...

Court: Andhra Pradesh

Decided on: Sep-26-2002

Reported in: 2003(3)ALD142

Dubagunta Subrahmanyam, J.1. This appeal is filed by the writ petitioner in W.P No. 25 of 1993 aggrieved by the order dated 19.8.1998 by a learned single Judge of this Court dismissing the said writ petition.2. The writ petition was filed requesting this Court to issue a writ of mandamus directing the respondents to pay the petitioner an additional amount of Rs. 0.10 ps per bulk litre on arrack supplies from 1.10.1989 to 28.2.1991 and Rs. 0.235 ps per bulk litre of Rectified spirit supplied from 1.10.1989 to 30.11.1992 and in future as per G.O Ms. No. 91 Revenue Excise-Ill Department, dated 7.2.1991 by declaring the proceedings in number Bl/3494/91/DDB/ Ex., dated 30-11-1992 of the Commissioner of Excise and the consequential proceedings of Director of Distilleries and Breweries, AP in C.R No. C3/2320/92/DDB/Ex. dated 16-1-1993 as illegal, arbitrary, void abinitio and unenforceable.3. The Distilleries Association demanded the State Government to enhance the purchase price of arrack wit...


Sep 25 2002

Chairman and Managing Director, Singareni Collieries Company Limited a ...

Court: Andhra Pradesh

Decided on: Sep-25-2002

Reported in: 2002(5)ALD794

S.R. Nayak, J. 1. This writ appeal preferred by the Singareni Collieries Company Limited. Kothagudem, Khammam District, is directed against the order of the learned single Judge dated 29-7-1998 made in WP No. 15290 of 1993 remanding the proceedings to the disciplinary authority with a direction to dispose of the disciplinaryproceedings initiated against the petitioner afresh after considering the points raised by the petitioner in his representations and written arguments by a speaking order within a period of three months from the date of receipt of the order. The above writ petition was filed by the delinquent-employee who is the respondent in this appeal questioning the validity of the office order No. C.28/ 2130, dated 2/5-10-1993 passed by the Chairman and Managing Director of the appellant Corporation who is the disciplinary authority removing the petitioner from service with effect from 6.10.1993 as a disciplinary measure under Rule 27.1 of the Conduct. Disciplinary and Appeal R...


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