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Andhra Pradesh Court January 2003 Judgments

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Jan 22 2003

C. Vidyasagar Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(2)ALD150; 2003(2)ALT216

ORDERGoda Raghuram, J.1. The Joint Director, Andhra Pradesh State Seeds Certification Agency, 2nd respondent, has instituted this writ petition seeking the following reliefs in the nature of Writ of mandamus:(a) Declaring the action of the respondents 1 and 2 in not providing a channel of promotion to the post of Director, Andhra Pradesh State Seeds Certification Agency, as bad in law;(b) Consequently direct the respondents 1 and 2 herein to make a provision for promotion of in-service candidates to the post of Director, Andhra Pradesh State Seeds Certification Agency;(c) Also call for the records relating to and connected with the orders issued by the State Government through their G.O. Rt. No. 657, Agriculture and Co-operation (FP.I) Department dated 21st July, 2001 relating to the appointment of the 3rd respondent herein as Director of the Andhra Pradesh State Seeds Certification Agency and quash or set aside the same holding it illegal, unjust and unsustainable;(d) Consequently dir...


Jan 22 2003

Kanigolla Lakshmana Rao Vs. Gudimetla Ratna Manikyamba and anr.

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: AIR2003AP241; 2003(2)ALD196; 2003(4)ALT117

S. Ananda Reddy, J.1. This second appeal by the 1st Defendant is directed against the judgment and decree of the Additional District Judge, West Godavari in A.S.No. 141 of 1985 dated 14th September 1993 under which the decree granted by the Subordinate Judge, Kowur in O.S.No. 7 of 1980 dated 10th October 1985, was confirmed.2. The first Respondent herein is the plaintiff, who filed the suit with the following pleadings:The 1st Defendant is the son-in-law of the Plaintiff. On 21-2-1972, the plaintiffs husband and her sons executed a Registered Settlement Deed in respect of 2 acres of land situated at Lakkavaram, in favour of the 1st defendant and his wife, Sita Naga Lakshmi Kumari, who is the daughter of the plaintiff. The said Sita Naga Lakshmi Kumari died on 31-7-1979 at Eluru. The plaintiff, her husband and sons went to Eluru and after cremation was over, the plaintiff asked the 1st defendant about certain monies given by her to the 1st defendant for the purpose of business, amountin...


Jan 22 2003

Thummala Kanakamma and anr. Vs. Vottikala Venkataswamy and anr.

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(2)ALD523; 2003(4)ALT158

ORDERDubagunta Subrahmanyam, J. 1. This appeal is filed against the judgment and decree dated 17th August, 1989 passed in A.S. No. 85 of 1986 (A.S. No. 82 of 1985 on the file of the Sub Court, Kavali) on the file of the Subordinate Judge, Kovur confirming the judgment and decree dated 28-8-1985 in O.S. No. 101 of 1981 on the file of the Additional District Munsif, Kovur in Nellore District. 2. Necessary facts, for the disposal of this appeal, are as follows: Plaintiffs and defendants are owners of adjacent lands. The plaintiffs claimed that the defendants encroached into Ac.0.03 Cents of land belonging to the plaintiffs. They filed the suit for declaration of their title and possession of the said land. The defendants contested the suit taking the plea that they did not encroach into any land belonging to the plaintiffs. During the pendency of the suit the Trial Court appointed a local Advocate as Commissioner to take measurements of the disputed lands, note the physical features and f...


Jan 22 2003

P. Arumugam and ors. Vs. Tirumala Tirupathi Devasthanams Rep., by Its ...

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(2)ALT454

ORDERE. Dharma Rao, J. 1. This writ petition is filed by as many as 19 petitioners seeking a mandamus directing the respondent to regularize their services in the post of Human Hair Sorter Mazdoors and provide all consequential benefits. 2. The petitioners are working in the respondent-Devasthanam on daily wages of Rs. 20/- from 1992 and are discharging their duties on par with the regular Class-IV employees. The duty of the petitioners is to collect the human hair offered to the god by the devotees from the Kalyana Katta complex and also from various cottages and guesthouses at Tirumala and store the same in bags at the godown. According to the petitioners, they discharge the above duties from 8.00 A.M. to 5.00 P.M. every day without any holiday. It is their case that there are 18 regular employees to discharge the above duties apart from the petitioners and on account of increased quantity of human hair, the services of human hair sorters are necessary to the respondent-Devasthanam. ...


Jan 22 2003

M. Venkatarami Reddy and ors. Vs. Government of A.P. Rep., by Its Secr ...

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(2)ALD527

ORDERE. Dharma Rao, J.1. This Writ Petition is filed seeking a writ of mandamus to declare the action of the respondent Nos.1 to 4 in trying to evict the petitioners forcibly from Sy. No. 591 of Thakkalapalli village, Putluru mandal, Anantapur District without re-conveying the land taken from the petitioners in Sy. No. 589/B of Thakkalapalli village as arbitrary and illegal. 2. It is submitted by the petitioners that their ancesters are the owners and possessors of lands situated in Sy. No. 591 of Thakkalapalli village and they were in continuous possession of the land since more than 60 years and while so, the Tahsildar, Tadipatri has issued a notice under Section 7 of the Land Encroachment Act on 30.11.1981 treating them as encroachers. Pursuant to the said notice, the petitioners submitted a detailed explanation bringing to he notice of the Tahsildar about their long possession. After considering the said explanation, the Tahsildar dropped all further proceedings. Thereafter, again ...


Jan 22 2003

E. Immanuel Vs. Managing Director Apsrtc and ors.

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(5)ALD115; 2003(2)ALT128

ORDERS. Ananda Reddy, J.1. This writ petition is filed by the petitioner questioning the proceedings of the 3rd respondent dated 8-11-1999 under which an amount of Rs. 31,613-88 paise is sought to be recovered from the salary of the petitioner in 65 equal instalments.2. According to the petitioner, he was working as Assistant Depot Clerk from 1974, though he worked earlier to it as Conductor. Thereafter he was promoted as Traffic Inspector Grade-in and further as Grade-II. As on the date of the writ petition, he was working as Assistant Traffic Manager in the Office of the Headquarters of the 2nd respondent. It is stated that the petitioner was entrusted with the duties to get oil from the Indian Oil Corporation and to fill the same in the ground tank and to maintain accounts for the same. The petitioner has to furnish the accounts to the Respondents for every 15 days. In the course of discharging his duties the authorities found that there was a shortage of HSD Oil. Therefore, a regul...


Jan 22 2003

Puttala Saraiah and anr. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(1)ALD(Cri)696; 2003(2)ALT(Cri)1; II(2003)DMC562

Gopala Krishna Tamada, J.1. This appeal is directed against the judgment of the learned II Additional Sessions Judge, Karimnagar in S.C. No. 477 of 1996 dated 5.2.1997, whereby the appellants-A 1 and A2 were convicted of the offences under Sections 304-B, 498-A, 306 of I.P.C. and each of them were sentenced to undergo imprisonment for a period of seven years for the offence Under Section 304-B of I.P.C.; imprisonment for one year and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for a period of two months for the offence under Section 498-A of I.P.C.; and rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for a period of 15 days for the offence under Section 306 of I.P.C. They were also convicted for the offence under Section 4 of the Dowry Prohibition Act and sentenced to undergo six months imprisonment and to pay a fine of Rs. 500/- each, in default to suffer simple imprisonment for a period of 15 days....


Jan 22 2003

K. Prem Chand Vs. Govt. of A.P., Industries and Commerce Dept. and ors ...

Court: Andhra Pradesh

Decided on: Jan-22-2003

Reported in: 2003(2)ALT281

ORDERS. Ananda Reddy, J.1. This writ petition is filed by the petitioner questioning the order of termination issued by the 2nd respondent terminating the services of the petitioner as Manager of the 2nd respondent Corporation in pursuance of the instructions of the Government that the re-appointment was made in violation of the Recruitment and Service Rules of the Andhra Pradesh Handicrafts Development Corporation and Act 2 of 1994.2. According to the petitioner, he was originally appointed as Manager Class-II in the A.P. State Trading Corporation on 11-4-1977. Subsequently, he had opted to the 2nd respondent Corporation and that option was accepted by the Government and issued G.O.Ms.No. 222 dated 17-4-1986. In pursuance of which, the petitioner joined the 2nd respondent Corporation on 11-6-1986 at Lepakshi Handicrafts Emporium, Vijayawada. In the month of February, 1988 the petitioner was transferred to Lepakshi Handicrafts Emporium, Visakhapatnam. Again he was transferred on 6-11-1...


Jan 21 2003

Mr. Uma Maheswar Reddy and anr. Vs. R. Srinivasa Rao and anr.

Court: Andhra Pradesh

Decided on: Jan-21-2003

Reported in: 2003(1)ALD(Cri)475; II(2003)BC539

Gopala Krishna Tamada, J.1. This appeal is directed against the judgment of the learned VI Metropolitan Magistrate, Hyderabad, in C.C. No. 884 of 1996 wherein the respondent herein was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.2. The case of the appellant (complainant) is that the respondent (accused) sought for financial assistance to acquire computer hard disk drives, UPS, on line etc., on hire purchase basis and accordingly the appellant herein advanced an amount of Rs.7,35,120/- to the respondent and entered into hire purchase agreement on 10-4-1995 with him for a period of three years. The respondent undertook to pay the entire amount financed by the appellant in 36 monthly instalments @ Rs.20,460/-. While so, the respondent paid the instalments for one year and the subsequent instalments were not paid. It is alleged that when the cheques for the months of April, May and June, 1996 were presented by the appellant with their banker, the...


Jan 21 2003

Guda Bhadraiah Vs. M.C. Pargien, Ifs, Divisional Forest Officer and or ...

Court: Andhra Pradesh

Decided on: Jan-21-2003

Reported in: 2003(2)ALD107

ORDERL. Narasimha Reddy, J.1. These two contempt cases are filed alleging that the common order of this Court passed in W.P.Nos. 16408 and 16436 of 2002 dated 10-9-2002 has not been complied with. 2. The petitioners are traders in abnus (beedi) leaves. Both of them claim to have purchased certain quantities from one K. Laxma Reddy, Contractor, and stocked the same in their godowns. They filed the above writ petitions complaining against the action of the officials of the 1st respondent in sealing the godowns. 3. After considering the arguments advanced on behalf of the petitioners, the learned Government Pleader for Forests and the material on record, this Court observed as under : 'It is not known as to on what basis the respondents have prevented the petitioners from using the stock which they acquired from the contractor under valid permits. It is not as if the contract maintained any secrecy as to the quantity. It is not the case of the respondents that the contractor was not entit...


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