Andhra Pradesh Court October 2003 Judgments
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Government of Andhra Pradesh and ors. Vs. Pushpindar Kaur
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: AIR2004AP41; 2003(6)ALD214; 2003(6)ALT30
B. Sudershan Reddy, J. 1. A distinguished member of the legal fraternity invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India in W.P. No. 18610 of 2002 challenging the legality of the action taken by the Government of Andhra Pradesh in terminating her engagement as Government Pleader, Andhra Pradesh Administrative Tribunal vide the impugned G.O. Rt. No. 1294, dated 21-8-2002. The whole grievance of the writ petitioner centers around her alleged illegal termination of the engagement as Government Pleader, Andhra Pradesh Administrative Tribunal.2. A learned Single Judge of this Court allowed the said writ petition filed by the writ petitioner and accordingly set aside the impugned G.O. Rt. No. 1294, dated 21-8-2002. Hence this writ appeal by the State of Andhra Pradesh challenging the correctness of the said order passed by the learned Single Judge. 3. In order to appreciate the question as to whether the termination of the professional enga...
Secretary to Government, Revenue (Endowments) Department and ors. Vs. ...
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: 2003(6)ALD225
B. Sudershan Reddy, J . 1. This batch of writ appeals and writ petitions may be disposed of by a common judgment, since the question that arises for consideration in all these matters is one and the same. 2. The facts are stranger than fiction. An institution founded by noble men, whose management was entrusted to a Trust Board, disappeared into thin air not on account of any onslaught and difficulties created by the strangers but on account of the death wish of those who were entrusted with the duty of managing the affairs of the institution. The movable and immovable properties, worth crores of rupees, gathered by the noblemen were parcelled out to private buccaneers who masqueraded themselves as the trustees of the properties. Factual matrix: 3. One late Pandit Bansilal Radhelal Vyas, his colleagues and associates successfully persuaded philanthropic minded people to give and donate movable and immovable property and in the process they have been able to gather and receive donations...
The Secretary to Government, Revenue (Endowments) Department and ors. ...
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: 2003(6)ALT62
B. Sudershan Reddy, J.1. This batch of writ appeals and writ petitions may be disposed of by a common Judgment, since the question that arises for consideration in all these matters is one and the same.2. The facts are stranger than fiction. An institution founded by noble men, whose management was entrusted to a Trust Board, disappeared into thin air not on account of any onslaught and difficulties created by the strangers but on account of the death wish of those who were entrusted with the duty of managing the affairs of the institution. The movable and immovable properties, worth crores of rupees, gathered by the noble men were parceled out to private buccaneers who masqueraded themselves as the trustees of the properties.Factual matrix:3. One late Pandit Bansilal Radhelal Vyas, his colleagues and associates successfully persuaded philanthropic minded people to give and donate movable and immovable property and in the process they have been able to gather and receive donations and ...
Vijayalakshmi Insecticides and Pesticides Limited Vs. Chairman Industr ...
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: 2004(1)ALD332; 2004(2)ALT26; [2004(101)FLR710]; (2004)IILLJ62AP
P.S. Narayana, J.1. The petitioner-Vijayalakshmi Insecticides and Pesticides Limited, hereinafter referred to as Management, filed W.P. No. 3499/2002 questioning the award dated 3-12-2001 made by the Industrial Tribunal-cum-Labour Court, Visakhapatnam - 1st respondent herein, in I.D. No. 198/99. In W.P. No. 3532/2002, the same petitioner questioned the award made by the 1st respondent in I.D.No.199/99 dated 3-12-2001. Likewise, the self-same petitioner in W.P. No. 3554/2002 questioned the award made in I.D. No. 102/2000 dated 3-12-2001. 2nd respondent in all these writ petitions had invoked the jurisdiction of the 1st respondent raising industrial dispute under Section 2A of the Industrial Disputes Act, 1947, hereinafter referred to as 'Act' in short. Though separate awards were made by the Industrial Tribunal-cum-Labour Court, Visakhapatnam since common questions of law and fact are involved in all these three writ petitions, they are being disposed of by a Common Order.Facts in brief...
Attada Bhagavan Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: 2004(1)ALD834
ORDERP.S. Narayana, J.1. One Attada Bhagavan, plaintiff in O.S. No. 230 of 1988 on the file of Principal Subordinate Judge, Visakhapatnam aggrieved by the judgment and decree dated 30-12-1994 made in the said suit, had preferred the present civil revision petition under Article 227 of the Constitution of India, on the ground that the learned Subordinate Judge having held that the Civil Court has no jurisdiction and the Special Tribunal under A.P. Land Grabbing (Prohibition) Act (hereinafter be referred to as Act) alone has got jurisdiction to try the suit, should have transferred the suit to the competent Land Grabbing Tribunal to try the same, instead of dismissing the suit with costs.2. The suit OS No. 230 of 1988 on the file of the Principal Subordinate Judge, Visakhapatnam was filed for declaration that the petitioner plaintiff is the ryotwari pattadar in respect of the plaint schedule land, for mandatory injunction, for delivery of possession and for certain other reliefs.3. The f...
Rangamma (Died) as Per Lrs. and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: 2004(1)ALD849
P.S. Narayana, J. 1. This is an unfortunate long drawn litigation wherein the petitioners are claiming property rights over the subject-matter of controversy and the Government and the local body denying the same.2. The civil revision petition is preferred by the petitioners as against an order made by the Senior Civil Judge, Nagarkurnool in I.A. No. 245/99 in A.S.(CFR) No. 858/99, dated 10-11-2000. Though the factual details are too numerous, the question involved in the present Civil Revision Petition is simple i.e., Whether there is sufficient cause to condone the delay of 1210 days or 1178 days as the case may be, in preferring the Appeal.3. The facts in nutshell which had paved the way for the petitioners filing the present Civil Revision Petition are as hereunder:4. Smt. Rangamma and Smt. Lakshmamma who are no more and are being represented by the legal representatives, shown as petitioners 4 to 8 and petitioners 11 to 15 in the present Civil Revision Petition filed O.S. No. 96/7...
Apsrtc Vs. Bhupender Singh Alak and anr.
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: I(2006)ACC474; 2005ACJ2020; 2004(2)ALD405; 2004(2)ALT521; [2004(101)FLR493]
P.S. Narayana, J 1. The short controversy involved in this Appeal is recovery of amount by way of reimbursement paid by the appellant/A.P. State Road Transport Corporation, hereinafter referred to as 'Corporation' to the legal representatives of the deceased drivers and injured persons and conductor in relation to a motor accident from the 2nd respondent-Oriental Fire and General Insurance Company, hereinafter referred to as 'Insurance Company' in short.2. The 1st respondent/1st defendant was set ex parte in the suit itself. The Corporation filed O.S. No. 137/83 on the file of Subordinate Judge, Nizamabad against Bhupender Singh Alak - 1st defendant, and the Oriental Fire and General Insurance Company - 2nd defendant, for recovery of Rs. 2,09,665-93 towards damages to the bus and Rs. 49,200/- towards compensation paid to the legal representatives of the bus drivers under Workmen's Compensation Act, 1923, hereinafter referred to as 'Act' in short and ex-gratia amount paid to the passeng...
Tahsildar (Land Acquisition Officer) Vs. Tadimalla Krishna Murthy (Die ...
Court: Andhra Pradesh
Decided on: Oct-15-2003
Reported in: 2004(2)ALT347
P.S. Narayana, J.1. The Tahsildar, Kovvur - the Land Acquisition Officer, had preferred the present Appeal under Section 54 of the Land Acquisition Act, 1894, hereinafter in short referred to as 'Act' for the purpose of convenience, aggrieved by the Judgment and decree of the learned Subordinate Judge, Kovvur made in O.P.No. 59/84 dated 12-10-1992.2. The Appeal was dismissed for default as against respondents 3, 4 6, 10, 11 and 12. It may also be noticed that O.P.No. 59/84 on the file of Subordinate Judge, Kovvur was on a reference under Section 18 of the Act.3. An extent of Acs.13-84 cents in R.S.No. 38/1A in Tadimalla village was acquired for the purpose of providing house sites to Scheduled Castes and Backward Classes. The notification under Section 4(1) of the Act was published on 8-9-1982 and possession of the land was taken on 7-11-1982 and award No. 2/84 was made on 7-2-1984. The compensation of the land acquired was fixed @ Rs. 10,000/- per acre and the respondents/claimants ha...
Elluru Pedda Dastagiri Reddy Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Oct-14-2003
Reported in: 2003(6)ALD333
ORDERL. Narasimha Reddy, J.1. The 3rd respondent submitted a complaint on 21-12-2002 to the Chapadu PS, Kadapa District, alleging that on the previous day, his uncle by name M.Laxmi Reddy went to his field for watering the crop at about 10-00 p.m., and that the writ petitioner and his two sons along with 4 others named in the complaint went to the same field and removed the bund. It was alleged that when Laxmi Reddy objected to the same, the writ petitioner and other accused attacked him resulting in bleeding injuries. Laxmi Reddy died on 22-12-2002. Cr.No. 75 of 2002 was registered on the basis of the complaint. The petitioner was shown as Al and his sons as A2 and A4.2. The petitioner submitted representation on 24-12-2002 to the Superintendent of Police, Cuddapah, the 1st respondent herein. It was his case that he was a chronic TB patient and he was advised not to go out during night times. According to him, he did not go out even on the date of incident and he was very much in the ...
Harijana Bazarappa Vs. H. Chakarala Ranganna
Court: Andhra Pradesh
Decided on: Oct-14-2003
Reported in: 2004(1)ALD284a
ORDERG. Yethirajulu, J.1. This revision petition is filed against the order of the Senior Civil Judge, Adoni in E.P. No. 20 of 2000 in O.S. No. 60 of 1995 dated 20-12-2001.2. The revision petitioner brought a house property and a landed property of the judgment debtor for sale through the above execution petition. The judgment debtor pleaded that they are the lands assigned to him by the Government, therefore, they cannot be brought to sale under Court auction. The Execution Court while going through the xerox copies of the assignment deeds observed that the judgment-debtor has not filed the original assignment orders to verify whether the land was assigned to him subject to the condition of non-alienability. The Court while further observing that those questions of fact have to be proved by evidence including the plea of the judgment-debtor that he is a small farmer and the debt stood discharged and regarding the correctness of the decree-holder's claim etc, posted the matter for enqu...
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