Andhra Pradesh Court November 2003 Judgments
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Kaitha Narsimha and ors. Vs. Susheela Devi and ors.
Court: Andhra Pradesh
Decided on: Nov-19-2003
Reported in: 2004(3)ALD851; 2004(4)ALT237
G. Yethirajulu, J.1. This revision petition is filed by the appellants in File No. F2/ 3651/2002 against the order dated 15-/-2003 of the Joint Collector, Ranga Reddy District under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 ('the Act' for brevity).2. The respondents herein are the respondents before the Joint Collector. The revision petitioners are the petitioners before the Mandal Revenue Officer (MRO) of Medchal Mandal. According to the petitioners, one Khaita Chandraiah was a permanent tenant over the lands in question. They are the Legal Representatives (L.Rs) of Chandraiah. The Revenue Divisional Officer (RDO), East Division granted patta certificates under Section 38E of the Act vide File No. H/12100/82 dated 22-1-1982. On filing the appeal against granting of the said patta, the Joint Collector through the order dated 26-4-1989 set aside the order of the RDO and referred the matter for de novo enquiry. The RDO., Medchal took up fresh enquiry and passed f...
G. Narasimha Rao Vs. Regional Joint Director of School Education and o ...
Court: Andhra Pradesh
Decided on: Nov-19-2003
Reported in: 2005(2)ALT469; 2005(2)CTC426
ORDER1. The short question, which is of general importance, that arises for our consideration is whether the State Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 ('the act' for brevity) has jurisdiction to condone the delay in filing the review petition, notwithstanding the negative language voiced in Rule 19 of A.P. Administrative Tribunal (Procedure) Rules, 1989.2. The facts germane to the reference before the Full Bench in Writ Petition may be stated in nutshell as under:The petitioner while working as Deputy Inspector of Schools was placed under suspension pending enquiry on 3-9-1986. He filed R.P.No. 2009 of 1988, which was disposed of on 19-12-1988 with a direction that the enquiry should be completed within three months or else he should be reinstated. He was reinstated into service on 21-2-1989 and also retired from service on reaching the age of superannuation on 31-1 -1992 as per the order passed by the Regional Joint Director of School Educa...
Union of India (Uoi) and ors. Vs. B. Janardhana Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-18-2003
Reported in: 2003(6)ALD827; 2003(6)ALT641
B. Sudershan Reddy, J.1. The Union of India represented by the General Manager, South Central Railway, Secunderabad and two others invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the order dated 19-8-2002 made by the learned Designated Judge in Arbitration Application No. 28 of 2002 appointing the second respondent herein as sole Arbitrator to resolve the disputes and claims raised by the first respondent herein, on various grounds.2. Before we proceed to consider as to whether the impugned order suffers from any legal infirmities requiring our interference in the matter, it is just and necessary to notice the relevant facts leading to filing of this writ petition:3. The first respondent herein was awarded a contract by the petitioners-Railways for the work of '33/WS/98, Renigunta - Repairs to Jumbo Rake siding and Goods Shed circulating area and their approach road' vide acceptance Letter No. G/W/496/TC/SW/4158, dated 11-...
M. Ramachandram Vs. Joint Registrar District Co-operative Officer and ...
Court: Andhra Pradesh
Decided on: Nov-18-2003
Reported in: 2004(1)ALD322; 2004(1)ALT283; [2005]124CompCas117(AP)
ORDERL. Narasimha Reddy, J.1. The petitioner is the Member and Ex-Chairman of Vasundara Co-operative Urban Bank Limited, Secunderabad (hereinafter referred to as 'the Urban Bank'). It held a licence under the Banking Regulation Act, 1949 issued by the Reserve Bank of India and it is registered under the Andhra Pradesh Co-operative Societies Act (for short 'the Act').2. The Reserve Bank of India, 3rd respondent, issued a show-cause notice dated 29.11.2002 to the petitioner directing it to show-cause as to why its licence should not be cancelled. The petitioner submittedexplanation and thereafter some correspondence ensued. Ultimately, through its order dated 1.9.2003, the 3rd respondent cancelled the licence of the Urban Bank. The petitioner filed Writ Petition No. 19254 of 2003 against the said cancellation order. The said writ petition was disposed of through orders dated 24.9.2003 leaving it open to the petitioner to avail the remedy of appeal provided for under Section 22 of the Ban...
C. Aswatha Narayana Murthy Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-18-2003
Reported in: 2004(1)ALD597
ORDERV.V.S. Rao, J. 1. In this batch of writ petitions, the petitioners impugn the notification issued by the State of Andhra Pradesh, the 1st respondent, vide their orders in G.O. Ms. No. 180, Industries and Commerce (Mines-I) Department, dated 30.4.2002. By the said notification, purporting to exercise the power under Sub-section (1) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 ('the Act' for short), the Government of Andhra Pradesh amended the A.P. Mines and Mineral Concession Rules, 1966 (hereinafter called the 'Mineral Concession Rules') and also amended Schedule-I under Rule 10 of the Mineral Concession Rules. By reason of the amendment, the petitioners, who, admittedly, hold mining leases extracting granite, building stones etc., are required to pay an amount of Rs. 500/- per CMT for granite cubes and kerbs. The petitioners are aggrieved by this enhancement and, therefore, these writ petitions. Be it noted that the petitioners do not challenge t...
Centenary Baptish Church Vs. Shyamsunder and anr.
Court: Andhra Pradesh
Decided on: Nov-18-2003
Reported in: 2004(1)ALD581; 2004(4)ALT573
ORDERT. Ch. Surya Rao, J.1. This civil revision petition is directed against the order dated 25.3.2003 passed by the learned I Additional Senior Civil Judge, Warangal, in I.A. No. 797 of 2002 in O.S.No. 1118 of 2001.2. The first defendant in the suit is the petitioner in I.A. No. 797 of 2002. He having been set ex parte on 11.9.2002 in the suit for his default in not filing the written statement within time filed the application under Order 8, Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 ('the Code' for brevity) seeking to set aside the ex parte order and to receive the written statement. The ground alleged inter alia in the affidavit filed in support of the said petition was that there had been a proposal for compromise in the suit and, therefore, he could not file the written statement within time.3. The first respondent-plaintiff resisted that application on the premise that under the amended provisions of Order 8, Rule 1 of the Code, the written statement shal...
A.P. State Financial Corporation Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-17-2003
Reported in: AIR2004AP78; 2004(1)ALD62; 2004(2)ALT191; II(2004)BC158; [2004]54SCL418(AP)
ORDERN.V. Ramana, J.1. The petitioner, namely A.P. State Financial Corporation (hereinafter referred to as 'the Corporation') sanctioned a term of Rs. 2,90,500/- and a soft loan of Rs. 50,000/- to Respondent No. 4 for loan purchase of transport vehicle. Respondent No. 4 having executed necessary documents and having complied with the required legal formalities, received the loan amount and purchased TATA 1210A bearing registration No. AP 26T 2115 and hypothecated the same to the petitioner. Respondent No. 4 agreed to clear off the term loan and soft loan in 58 and 55 instalments respectively, the first of each such instalment was to commence from 13-2-1991. When respondent No. 4 committed default in paying the instalments, the petitioner initiated proceedings under Section 29 of the State Financial Corporations Act, 1951 for recovery of the dues and seized the vehicle. Assailing the said action of the petitioner, respondent No. 4 approached this Court in W.P. No. 9460 of 1993, in which...
Panyam Cements Employees Union Affiliated to Intuc Vs. Commissioner of ...
Court: Andhra Pradesh
Decided on: Nov-17-2003
Reported in: 2004(1)ALD146; 2004(2)ALT122; (2004)ILLJ915AP
ORDERV.V.S. Rao, J.1. The core issue in these two writ petitions arises in connection with the election to recognise majority trade union in Panyam Cements and Mineral Industries Ltd., (hereafter called 'Panyam Cements'), Cement Nagar, Kurnool District. Panyam Cements Employees Mazdoor Union (hereafter called 'Mazdoor Union') and Panyam Cements Employees Union (hereafter called 'Employees Union') are before this Court raising objection in the method and manner of inclusion and non-inclusion of certain categories of workers in the voters' list. Employees Union filed W.P. No. 16250 of 2003 praying this Court for a direction td the Commissioner of Labour, Hyderabad, and Deputy Commissioner of Labour, Kurnool, first and second respondents herein, to conduct election by secret ballot under code of discipline to determine the majority trade union in Panyam Cements pursuant to the memoranda dated 5-2-2003 and 21-3-2003. Be it noted that by the said memoranda, the two rival unions were called ...
Sri Krishna Tulasi Chit Fund (P.) Ltd. Vs. Renuka Traders
Court: Andhra Pradesh
Decided on: Nov-17-2003
Reported in: [2004]50SCL470(AP)
ORDERN.V. Ramana, J.1. By this application filed under Section 446(2) of the Companies Act, 1956 read with Rules 9 and 11(b) of the Companies (Court) Rules, 1959, the Official Liquidator representing the company in liquidation, namely M/s. Sri Krishna Tulasi Chit Fund (P.) Limited, praying for (1) direction to the respondents to pay to the applicant, jointly and severally a sum of Rs. 1,51,846 along with interest thereon at the rate of 12 per cent per annum w.e.f. 10-3-1999 till the date of realization and (2) to order attachment of the property standing in the name of respondent No. 2, namely Talari Narayana.2. By order dated 6-12-1999 made in C.P. No. 144 of 1999, the applicant-company was ordered to be wound up and the Provisional Liquidator was directed to take necessary steps for recovery of the dues of the applicant-company. Thereafter, by order dated 24-11-2000, the Official Liquidator was appointed as Liquidator of the applicant-company.3. In the affidavit filed in support of t...
M. Venkata Ratna Reddy Vs. V. Mohammed Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-17-2003
Reported in: 2004(3)ALT559
D.S.R. Varma, J.1. This revision is filed challenging the order and decree dated 29-7-2003 passed by the court of Principal Junior Civil Judge, Kurnool in I.A.No. 1212/2003 in O.S.No. 598/2001.2. By the impugned order, the court below allowed the I.A. filed by the defendants under Section 10 of C.P.C. and thereby stayed the suit till the disposal of A.S.No. 1589/2001, which is filed challenging the judgment and decree dated 22-6-2001 in O.S.No. 79/1992. Aggrieved by the staying of the suit, the plaintiff in the suit filed this revision.3. For the sake of convenience, the parties shall be referred to as per their array in the suit.4. The factual matrix is that earlier the defendants 1 to 3 herein and two others instituted a suit in O.S.No. 79/1992 on the file of Principal Senior Civil Judge, Kurnool for delivery of possession against the present plaintiff and nineteen others. The said suit was dismissed on 22-6-2001 and challenging the said judgment and decree, the defendants filed A.S....
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