Andhra Pradesh Court September 2002 Judgments
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ismath Ahmedizade Mahmoodi Abidi Vs. Kurshidunnisa Begum
Court: Andhra Pradesh
Decided on: Sep-13-2002
Reported in: 2002(6)ALD101; 2002(6)ALT215
ORDERG. Rohini, J.1. This civil revision petition is directed against the order dated 17th February 2000 in IA No.90 of 2000 in OS No. 1007 of 1993 on the file of the Court of II Senior Civil Judge, City Civil Court, Hyderabad. Revision Petitioner, who is the defendant, is the petitioner in IA No.90 of 2000. Respondent is the plaintiff in the suit. For the sake of convenience, the parties shall be referred to as they were arrayed in the suit.2. OS No.1007 of 1993 was filed seeking a decree against the defendant for recovery of possession of the suit schedule premises. According to the plaintiff, she is the absolute owner of the suit schedule premises, which has been let out to the father of the defendant under an oral agreement. After the death of her father, defendant continued as a tenant and has been carrying on hotel business under the name and style of Tehran Cafe. Since the defendant failed to pay the agreed rent in spite of the repeated requests, plaintiff has been constrained t...
K.V. Krishna Murthy Vs. District Level Committee and ors.
Court: Andhra Pradesh
Decided on: Sep-13-2002
Reported in: 2002(6)ALD228
ORDERL. Narasimha Reddy, J. 1. These two writ petitions are inter-connected and as such are disposed of together.2. Respondents 1 and 2 are common to both the writ petitions. The petitioner in WP No. 16017/02 Mr. Balaman Madha Rao, figures as respondent No. 3 in WP No. 9956/ 2002. Hence, the parties shall be referred to as arrayed in WP No. 9956/2002.3. The writ petitioner was awarded the leasehold rights in respect of sand quarry for Vijayawada-2 reach of Krishna river as well as for a stretch at Thotavallur from 15.40 KM to 18.60 KM. The leases are effective from 17-9-2001. The bid amount for the first year is Rs. 96,00,000/- and Rs. 23,50,000/- respectively for the two reaches. The leases are extendable for one more year with an enhancement of 10% of the lease amount. Similarly, the 3rd respondent is the lessee of sand quarry lease at Chodavaram, which incidentally is located between the reaches leased out to the petitioner. The bid amount of the 3rd respondent was Rs.56,75,999/- an...
United India Insurance Company Limited Vs. Parpudi Krishnakumari and o ...
Court: Andhra Pradesh
Decided on: Sep-13-2002
Reported in: 2004ACJ624; 2002(6)ALD362
V.V.S. Rao, J.1. One Parupudi Srinivasa Rao, aged about 28 years was travelling on a scooter as pillion. The said scooter bearing No. AP 31 A 468 met with an accident as a result of rash and negligent driving of the person driving the scooter. Said Srinivasa Rao died in the accident near Yendada bus stop at K.M.Stone No. 6/ 7. His wife, two minor children and mother filed O.P.No. 693 of 1992 on the file of Motor Vehicle Accidents Claims Tribunal-cum-III Additional District Judge, Visakhapatnam. The claim was opposed by the Insurance Company. They also alleged that the vehicle was driven by Srinivasa Rao and that the insurance policy does not cover him. Alternatively, it is alleged that the insurance policy does not cover risk of pillion rider on motorcycle. The amount claimed was also disputed. The claimants examined P.W.1 (wife of the deceased) and P.W.2 (mother of the deceased) and marked Exs.A.1 to A. 13, including the insurance policy, as Ex.A.11. The respondents examined R.W.1, As...
Bolla V.K. Radha Krishna Vs. Viswanadha Venkata Subbaiah
Court: Andhra Pradesh
Decided on: Sep-13-2002
Reported in: 2002(5)ALT355
ORDERB. Sudershan Reddy, J.1. The learned Senior Civil Judge, Machilipatnam disposed of I.A. No. 797 of 2001 in O.S. No. 75 of 2000 directing the petitioner herein to deposit a sum of Rs. 10,000/- per acrewise into the Court on or before 14-3-2002. The learned Judge passed such an order resulting in far reaching consequences without assigning any reason whatsoever. It is rather surprising and shocking to realise that a judicial officer at the level of Senior Civil Judge could pass such an order without assigning any reason whatsoever. A judicial order not supported by any reason is a nullity. The learned Judge did not even refer to the facts requiring adjudication. This Court is constrained to express its unhappiness for the manner in which the learned Judge disposed of the application.2. For the aforesaid reasons, the impugned order is set aside. Consequently, I.A. No. 797 of 2001 in O.S. No. 75 of 2000 on the file of the learned Senior Civil Judge, Machilipatnam shall stand restored ...
United India Insurance Co. Ltd. Vs. Parpudi Krishna Kumari and ors.
Court: Andhra Pradesh
Decided on: Sep-13-2002
Reported in: III(2004)ACC372
V.V.S. Rao, J.1. One Parpudi Srinivasa Rao, aged about 28 years was travelling on a scooter as pillion rider. The said scooter bearing No. A.P. 31 A 468 met with an Accident as a result of rash and negligent driving of the person driving the scooter. Said Srinivasa Rao died in the Accident near Yendada bus stop at Km. Stone No. 6/7. His wife, two minor children and mother filed O.P. No. 693 of 1992 on the file of Motor Accident Claims Tribunal-cum-III Additional District Judge, Visakhapatnam. The claim was opposed by the Insurance Company. They also alleged that the vehicle was driven by Srinivasa Rao and that the insurance policy does not cover him. Alternatively, it is alleged that the insurance policy does not cover the risk of pillion rider on motor cycle. The amount claimed was also disputed. The claimants examined P.W. 1 (wife of the deceased) and P.W. 2 (mother of the deceased) and marked Exhs. A-1 to A-13 including the insurance policy, as Exh. A-11. The respondents examined RW...
Laxmi Lodge and ors. Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Sep-12-2002
Reported in: 2002(6)ALD605; 2003(1)ALT30
ORDERS. Ananda Reddy, J. 1. This batch of writ petitions are filed by the petitioners, who are running boarding and lodging houses, restaurants, hotels etc., aggrieved by the notice issued by the 2nd respondent-Municipal Corporation, in the year 1998.2. According to the petitioners, all the petitioners have been carrying on business since long time without giving scope to any complaint either from respondent No. 1 or anybody. It is also stated that the petitioners have been maintaining cleanliness in their hotels to the required standards. It is further stated that in the matter of collection of dust, ashes, refuse and rubbish from their premises and depositing such material in the public receptacles and the places provided by the 2nd respondent, they have been observing the same standards as required, without giving scope for any complaint. While so, the 2nd respondent issued the impugned notices, said to be under Sub-sections (i), (ii) and (iii) of Section 483 and 489 of the Hyderaba...
The Commissioner of Police and anr. Vs. Rachakonda Ranga Subbaiah
Court: Andhra Pradesh
Decided on: Sep-11-2002
Reported in: 2002(6)ALD2; 2002(6)ALT66
B. Sudershan Reddy, J.1. This writ petition is filed questioning the order passed by the Andhra Pradesh Administrative Tribunal dated 14-12-2001 made in O.A.No.6799 of 2000 where under the Tribunal set aside the departmental proceedings initiated against the respondent herein.2. The respondent herein filed the said Original Application before the Tribunal challenging the departmental enquiry initiated against him in pursuance of the Charge Memo No.L&O;/B4/1067/98, dated 30-6-1998.3. The case of the respondent-applicant is that the criminal cases registered against him were ended in clean acquittal and as such the departmental enquiry sought to be conducted against him on the same set of facts is not sustainable in law. The learned counsel appearing on behalf of the respondent-applicant relied upon the judgment of the Apex Court in M.Paul Anthony V. Bharat Gold Mines Ltd.,1 and also the judgment of a Division Bench of this Court in A.P.S.R.T.C. and others V. T.Venkatapathi2.4. The Tribu...
A.P. Social Welfare Residential Educational Institutions Society, Rep. ...
Court: Andhra Pradesh
Decided on: Sep-11-2002
Reported in: 2002(5)ALD442
Dubagunga Subrahmanyam, J.1. The review petition in Review WAMP.No.1292 of 2002 is filed against the Order dated 29.1.2001 in WAMP.No.29 of 2001 and WA.No.16 of 2001. The Writ Appeal is filed against the Order dated 25.6.1999 in W.P.No.2439 of 1995 passed by the learned single Judge of this Court.2. Necessary facts leading to the filing of the review application and the writ appeal are as follows:The Social Welfare Department of the State of Andhra Pradesh established A.P. Social Welfare Residential Schools to provide quality education to the talented children of Scheduled Castes coming mainly from the rural areas. It also established a state level society known as A.P. Social Welfare Residential Educational Institutions Society (in short 'APSWREI') to supervise, control and manage the above social welfare educational institutions in the State. It is an autonomous body.The Education Department of the State of Andhra Pradesh is running some other residential educational institutions. It...
The Commissioner of Police and ors. Vs. N. Gopal and anr.
Court: Andhra Pradesh
Decided on: Sep-11-2002
Reported in: 2002(5)ALD599; 2002(5)ALT308
B. Sudershan Reddy, J.1. Both these writ petitions may be disposed of by a common order since they are directed against the very same judgment of the Andhra Pradesh Administrative Tribunal dated 1-8-2001 made in O.A.No.5448 of 2000 and the questions that arise for consideration are also one and the same.2. Before adverting to the question as to whether the impugned order passed by the Tribunal suffers from any legal infirmity requiring any correction as such by this Court in exercise of its Certiorari jurisdiction, the relevant facts leading to filing of these writ petitions may have to be noticed:3. The parties herein shall be referred to as writ petitioners and respondents as arrayed in W.P.No.1959 of 2002.4. The writ petitioners in W.P.No.1959 of 2002 invoked the jurisdiction of the Andhra Pradesh Administrative Tribunal challenging the orders of the Commissioner of Police, Hyderabad City dated 25th October, 1997 as confirmed in the proceedings dated 6-11-1998 on the file of the Add...
A.P. State Co-operative Societies, Secretaries and Employees Union Vs. ...
Court: Andhra Pradesh
Decided on: Sep-11-2002
Reported in: 2003(1)ALD197
ORDERT. Meena Kumari, J.1. The present writ petition has been filed by A.P. State Co-operative Societies Secretaries and Employees Union represented by its General Secretary Sri P. Narasimha Reddy seeking a direction to the respondents not to apply in any manner the provisions of the Andhra Pradesh Co-operative Societies Second Amendment Act, 2001 (Act 22 of 2001) (for short 'Amended Act') to the actions already taken prior to the Amended Act and completed by 25.4.2001 as the Amended Act has no retrospective effect and not to take any coercive steps by way of recoveries or re-fixation of salaries and pass such other orders. From the above prayer, the main direction the petitioner Union seeks is that the respondents be directed not to make any recoveries from the members of its union either regarding salaries or arrears of payments.2. The brief facts of the case are as follows:3. The petitioner unit was established in the year 1977 with registration No. B-780. The union contained 5000 m...
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