Andhra Pradesh Court November 2003 Judgments
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K.S. Dhan Raj (Dr.) Vs. Osmania University and ors.
Court: Andhra Pradesh
Decided on: Nov-17-2003
Reported in: 2004(3)ALT259
ORDERG. Bikshapathy, J.1. The Writ Appeal is filed challenging the orders passed by the learned Single Judge dated 02-05-2003 in W.P.No. 21749 of 1994. The petitioner challenged the appointment of the second respondent as Medical Officer. The only ground raised in the writ petition is that the writ petitioner (sic. 2nd respondent) was over-aged as on the date of application for few months, therefore, his application ought not to have been considered. On the other hand, the petitioner is fully qualified for the post and on that ground he challenges the said order.2. Learned Single Judge after considering the matter held that even though the second respondent was over-aged by few months, in view of the fact that he was appointed in 1988 and he was continuously working in the capacity of Medical Officer and also taking into consideration that on earlier occasion he was granted exemption at the time of temporary appointment in 1990, dismissed the said writ petition by orders dated JD2-05-2...
Sri Balaji Rice Mill Vs. Rice Mill and Flour Mill Workers Union and or ...
Court: Andhra Pradesh
Decided on: Nov-14-2003
Reported in: 2003(6)ALD731
ORDERP.S. Narayana, J.1. Sri Balaji Rice Mill represented by its Managing Partner/revision petitioner/plaintiff filed the present civil revision petition aggrieved by an order made in G.R.No. 1186 of 2003 dated 25-8-2003 on the file of the Principal Junior Civil Judge at Palakonda, Srikakulam District, whereby the plaint was returned for presentation before the proper Court.2. Sri G. Vidyasagar, learned Counsel representing the revision petitioner/plaintiff had drawn the attention of this Court to the allegations made in the plaint and also the cause of action and the relief prayed for in the plaint and had contended that the return of plaint on the ground that the civil Court has no jurisdiction to entertain the suit cannot be sustained in the facts and circumstances of the case. The learned Counsel also submitted that as per the plaint allegations, it is clear that since the respondents/defendants are resorting to certain unruly activities like abusing and threatening the plaintiff w...
Lakshety Pedda Laxman and ors. Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Nov-14-2003
Reported in: 2004(1)ALD278
L. Narasimha Reddy, J.1. These two writ petitions present common question of fact and law. Hence, they are disposed of through a common judgment.2. The petitioners in W.P. No. 1 1993/ 1999 are residents of Vanjar Village, Sarangapur Mandal, Adilabad District. The petitioners in W.P. No. 19114/1999 are residents of Madhapur Village, Nirmal Mandal, Adilabad District. Both the villages were affected the floods. To rehabilitate the affected persons, an extent of Ac.11-31 guntas of land in Vanjar village and Ac.20-04 guntas of Madhapur village were acquired. Necessary notifications under Section 4(1) of the Land Acquisition Act (for short 'the Act') were issued on 6-12-1997 and 5-11-1997 respectively, by the District Collector, the 1st respondent. After completing the necessary formalities, the Land Acquisition Officer (for short 'the LAO'), the 2nd respondent in both the writ petitions, passed separate awards dated 4-7-1998 and 4-9-1998 respectively. He fixed the market value at Rs. 14,000...
Durga Enterprises Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-14-2003
Reported in: 2004(2)ALD573
G. Yethirajulu, J.1. This revision petition is filed by the first respondent in I.A. No. 2598 of 1998 in O.P. (SR) No. 7956 of 1998 against the order dated 28-2-2001 of the Chief Judge, City Civil Court, Hyderabad.2. The Union of India represented by the Chief Engineer, South Central Railway, Secunderabad filed O.P. (SR) No. 7956 of 1998 to set aside the award of the Arbitrators dated 19-1-1998 on the ground that the Arbitrators did not consider the counter-claims made by the Union of India along with LA. No. 2598 of 1998 to condone the delay of 30 days in filing the petition under Section 34(3) of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act, 1996' for brevity). The Chief Judge, City Civil Court, allowed the said application. The revision petitioner being aggrieved by the order of the lower Court preferred this revision challenging the validity and legality of the order of the lower Court dated 28-2-2001.3. The revision petitioner is a contractor. He entered into a...
Sri Edwyn Anthony Pereira Vs. Sri K.R. Kuppuswamy Iyengar and anr.
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: AIR2004AP165; 2004(4)ALD56
ORDERP.S. Narayana, J.1. Edwyn Anthony Pereira- the revision petitioner -first defendant in O.S.No.39 of 1999 on the file of the Court of Additional Chief Judge, City Civil Court, Secunderabad died pending revision and his legal representatives are brought on record as petitioners 2 to 4 in C.M.P.No.26182 of 2003 by an order of this court today. 2. Sri Venu Gopal, learned counsel representing the petitioner/first defendant, who is no more at present, and now representing the legal representatives of the deceased-first petitioner contended that this is an inter- pleader suit and the procedure to be followed is as contemplated by Order-35 Rule-4 of the Code of Civil Procedure (herein after referred to as 'the Code' for the purpose of convenience). The learned counsel further submitted that contrary to the procedure specified by the provisions of Order-35 of the Code, the impugned order was made, where permission was granted to open the sealed cover in the presence of both the advocates o...
V. Narsing Raj Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: 2004(1)ALD67; 2004(1)ALT484
ORDERV.V.S. Rao, J.1. A short question of considerable importance would arise for consideration in this writ petition. Whether the civil Court is entitled to pass an order of injunction in a suit filed under Sub-section (2) of Section 84 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 ('the Act') against the order of the Deputy Commissioner of Endowments passed under Section 83(1) of the Act is the question. This question arises in the following background facts.2. The petitioner claims to be in possession of premises bearing No. 1-7-30, Alwal. It is his case that the land and the premises does not belong to Vara Vara Narsing Rao Dharmashala of Sri Balaji Venkateswara Temple (hereafter called 'the temple') and that when he obtained permission from the Alwal Gram Panchayat for the purpose of constructing compound wall and renovation of the structure, the temple did not object for it.3. The Assistant Commissioner, Endowments Department, Ranga Reddy Distri...
G. Saroja Vs. B. Padma Bai
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: 2004(1)ALD565
ORDERD.S.R. Verma, J.1. Heard both sides.2. This civil revision petition is directed against the order and decree, dated 4-1-2003, passed by the II Additional Junior Civil Judge, Kurnool, allowing the application in IA No. 1515 of 2002 in O.S. No. 90 of 2002, directing both the parties to adduce evidence on the preliminary issue.3. The petitioner is the plaintiff and the respondent is the defendant. The suit is filed for declaration of title and possession.4. For the sake of convenience, the parties will be referred to as arrayed in the suit.5. From the averments of plaint, it could be seen that the plaintiff contends that she entered into an agreement of sale, dated 10-10-2000, with one Smt. Vijaya Lakshmi; that the said Vijaya Lakshmi died subsequently without performing her obligation under the said agreement of sale. It is also admitted that she died issueless and she has no other legal representatives also. It is also the averment in the plaint that subsequently the plaintiff came...
Kotina Appa Rao Vs. Kotina Sriramulu
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: 2004(1)ALD631
ORDERP.S. Narayana, J.1. Heard Sri E. V. Bhagiratha Rao, learned Counsel representing the revision petitioner and Ms. Prasanna, learned Amicus Curiae, appointed by this Court to assist the Court.2. Revision petitioner-defendant in O.S. No. 114 of, 1999 on the file of Junior Civil Judge, Srungavarapukota filed LA. No. 38 of 2003 in O.S. No. 114 of 1999 under Order 26, Rules 1 and 4 of the Code of Civil Procedure, hereinafter referred as 'the Code', to direct the Court at Agra, State of Uttara, Pradesh to appoint a Commissioner to examine the hand-writing expert Sri Ashok Kashyap. The said application was opposed by the respondent-plaintiff and the learned Junior Civil Judge, Srungavarapukota by the order dated 25-6-2003 allowed the application in part, appointing a Commissioner of the self-same Court on the ground that the said Court cannot direct the other Court at Agra to appoint a Commissioner. Assailing the same, the present revision petition is preferred.3. Sri E.V. Bhagiratha Rao,...
Super Shine Abrasives Pvt. Ltd. and ors. Vs. Debts Recovery Tribunal a ...
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: 2004(3)ALD183; III(2004)BC209; [2004]52SCL512(AP)
ORDERP.S. Narayana, J.1. The order impugned in the present civil revision petition under Article 227 of the Constitution of India, reads as hereunder:'Counsel for the applicant petitioner present. He states that R-1, R-2, R-3 are not reported today and pray for an order. No representation for R-1, R-2, R-3. R-1, R-2, R-3 called absent set ex parte. R-4, R-5 have already reported no counter on 4-12-2001.The Counsel for the petitioner states that an advocate Commissioner had been already appointed and an inventory had been taken and too press that a fresh advocate Commissioner may be appointed to sell the same and remit the proceeds into the account of the applicant Bank. Accordingly Sh. Md. Moinuden, Advocate is appointed as Receiver to seize and sell the petition schedule property by way of a public auction and remit the proceeds into this Tribunal to the credit of the O.A. The Receiver's remuneration is fixed at Rs. 2,500/- and the same may be paid to the receiver directly by the appl...
Kadiyala Purnachandra Rao Vs. Sri Ramalingeswaraswamy Devasthanam
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: 2004(4)ALD553
ORDERP.S. Narayana, J.1. Heard Sri A. Ramlingeswara Rao, the learned Counsel for the petitioner and Smt. Indrani, learned Standing Counsel representing the respondent.2. This revision petition is preferred as against the order made in ATA No. 55 of 1993 on the file of the Court of District Judge/Appellate Authority, West Godavari, Eluru confirming the order in ATC (SR) No. 617 of 1993 on the file of the Court if Special Officer-cum-First Additional District Munsif, Eluru.3. The revision petitioner herein filed the aforesaid ATC praying for remission of 49 bags of paddy payable for the year 1990-91. The respondent is Sri Ramalingeswaraswamy Devasthanam, represented by its Executive Officer, Rajupet It is not in controversy that the land in question, relating to which the remission is prayed for, is a temple land. Section 82 of A.P. Chairitable and Hindu Religious Institutions and Endowments Act, 1987 (herein after referred to as 'the Act') deals with lease of agricultural lands and its ...
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