Andhra Pradesh Court April 2003 Judgments

P.S.E. HussaIn and ors. Vs. Commissioner, Municipality Anakapalle

Court: Andhra Pradesh

Reported in: 2003(4)ALD253; 2003(5)ALT83

ORDERV.V.S. Rao, J.1. The petitioners in these two Writ Petitions are the lessees of Anakapalle Municipality, Anakapalle, Visakhapatnam District, the sole respondent herein, in relation to the shops in a complex known as High School Shop Rooms and also the shops on the main road near Municipal Play Ground Complex. According to the petitioners, they were inducted as tenants in accordance with the Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 ('the Rules' for brevity) framed by the Government of Andhra Pradesh in G.O. Ms. No. 686, Municipal Administration, dated 30.7.1968. They have been the lessees for the last 15 years and they contend that their leases have been extended from time to time in accordance with the Rules.2. The respondent issued a special notice dated 18.10.2002 requiring the petitioners to give their willingness for renewing the leases for another period of three years from 1.10.2002 and the petitioners gave their willingness inter al...

K. Prasada Rao Vs. Sub-divisional Inspector (Postal), Giddalur Sub-div ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD770; 2003(5)ALT833; (2003)IIILLJ966AP

Bilal Nazki, J.1. The petitioner filed an OA challenging order No. RD/LC/75-99, dated 27-4-2000 issued by the Post Master General, Kurnool Region, Kurnool terminating the services of the petitioner. The petitioner was appointed as EDMC/DA from 30th June, 1998. A notice was issued to him on 23-3-1999 asking him why his services be not terminated in view of the report of the police regarding verification of his antecedents. Subsequently another notice was given to him on 5-6-1999 asking him to submit his explanation within three days. These notices were challenged by the petitioner in OA No. 1339/99. This OA was dismissed by the Tribunal with the following order:'In view of the above we do not find any merits in this OA. The OA has to be dismissed. However, the applicant has got a further grievance redressal machinery available to him by filing an appeal to the higher authorities i.e., either to the Director of Postal Services or to the Post Master General of that Division. He may take s...

Muslim Minority Welfare Committee Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALD831; 2003(5)ALT823

ORDERA. Gopal Reddy, J.1. The question that falls for adjudication in all the writ petitions is one and the same. Hence, they are being disposed of by this common order.2. W.P. Nos. 2792/2003 is filed by Muslim Minority Welfare Committee seeking a writ of mandamus declaring the admission process undertaken by the State Government into the undergraduate Professional Courses in Minority Educational Institutions cannot be regulated by Andhra Pradesh Common Entrance Test for entry into Engineering, Architecture, Pharmacy, Agriculture, Medical and Dental Courses Rules, 2003, and further to declare the notice dated 10-2-2003 issued by Jawaharlal Nehru Technological University (for short 'JNTU') does not bind or apply to the admission process into Undergraduate Professional Courses by Minority Educational Institutions and further direct the respondents not to interfere with the Right of Minority Professional Educational Institutions from conducting the entrance test to regulate the admission ...

Union Bank of India Vs. Chivukula Venkata Ramana

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The opposite parties in C.D. No. 1500/2000 on the file of District Forum-II, Hyderabad are the appellants. The complainants made certain deposits with Sikkim Bank Limited on various dates during 1998-99. The said Sikkim Bank was amalgamated with the appellants Bank. The total deposits exceeding Rs. 1 lakh are due to the complainants. However, the appellants paid only a sum of Rs. 1 lakh leaving a balance of Rs. 55,234/- . Hence, the complaint. 2. In the written version filed by the complainants it is stated that under the scheme framed as per the guidelines of Reserve Bank of India all the deposits of the complainants were merged and the total amount payable to the complainants was only Rs. 1 lakh which was already paid. Hence there is no deficiency in service. 3. The District Forum on consideration of the material on record directed the appellants to calculate the amounts due by emerging the deposits showing the first complainant as the first deposi...

Government of Andhra Pradesh Vs. A.P. Lokayukta and Upa-lokayukta and ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD732; 2003(4)ALT68

Devinder Gupta, C.J.1. Government of Andhra Pradesh has filed this appeal challenging the interim order dated 19.2.2003 passed by learned Single Judge of this Court in a suo motu taken up Writ Petition No. 3025 of 2003. While hearing the Writ Appeal, we also heard finally the Writ Petition; therefore, this order disposes of both the Appeal and the Writ Petition.2. While issuing notice before admission in the Writ Petition calling upon the respondents to explain under what provisions of law and under what circumstances, the Chief Secretary had passed the order in G.O. Ms. No. 293 General Administration (SC.E) Department dated 2.7.2002 equating the Office of Lokayukta with the Office of Chief Justice without amending the provisions of A.P. Lokayukta and Upa-Lokayukta Act, 1983 (hereinafter referred to as 'the Act'), the learned Single Judge also passed an order suspending that part of the G.O. by which it is assumed that the Office of Lokayukta had been equated with the Office of Chief J...

Dalitjathi Labour Contract Co-op. Society Vs. Commissioner, L.B. Nagar ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD508

ORDERV.V.S. Rao, J. 1. These writ petitions were heard at length at the admission stage and, therefore, being disposed of by this common order as the background of facts and questions for consideration are similar.2. The two petitioners represent people belonging to weaker sections, Scheduled Castes and various communities engaged in scavenging work. The Government of Andhra Pradesh vide G.O. Ms. No. 30, Municipal Administration and Urban Development Department, dated 18-6-2000 considered the request of A.P. Municipal and Panchayat Workers Federation, Guntur for entrustment of sanitation works to the societies formed with erstwhile sanitation workers, Scheduled Castes, Scheduled Tribes and Backward Classes and DWACRA groups formed by workers unions. The Government ordered that tender conditions may be relaxed as the societies are experienced in sanitation work. The Government directed all the Municipalities in the State 'to entrust a portion of the sanitation work' to such societies fo...

Galada Power and Telecommunication Limited Vs. Transmission Corporatio ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD768; 2003(4)ALT561; 2003(3)ARBLR6(AP)

ORDERT. Ch. Surya Rao, J.1. The applicant seeks appointment of an arbitrator by filing this application under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996.2. The facts lie in a narrow compass. The applicant Company is one of the manufacturers and suppliers of All Aluminium Alloy Conductors predominantly used by the State Electricity Boards. The respondents floated a global tender involving International Competitive Bidding under the World Bank Loan Assistance for the purchase of All Aluminium Alloy Conductors and ACSR Conductors for the A.P Power Sector Restructuring Project. The applicant participated in the said tender and after the conclusion of the tenders, the respondents placed purchase order dated 12.3.1999 with the petitioner for supply of 940 Kms of Panther ACSR Conductors and 330 Kms of Panther All Aluminium Alloy Conductors. The total value was worked out to US $ 1.77 million. Pursuant to the said purchase order, the 2nd respondent entered into a contract a...

Someswara Swami Vari Temple Vs. Degala Koteswara Rao

Court: Andhra Pradesh

Reported in: 2003(5)ALD72; 2003(4)ALT632

ORDERV. Eswaraiah, J. 1. Since the petitioner is common and the question involved in all these Civil Revision Petitions is identical, therefore, they are clubbed, heard together and are being disposed of by this common order. 2. The petitioner is the landlord-temple. It owns an extent of Acs.22-00 of land in S. No. 197 in Nandigama Village of Sattenapalli taluk. Admittedly, the petitioner-temple is the owner of the said lands in question and the said lands auctioned in favour of different persons, who are respondents herein. 3. According to the respondents, they have been cultivating the lands from 1991 onwards, as the lands were having taken in the auction on lease. When the cultivating ryots of the said lands were sought to be auctioned in favour of the highest bidder, the respondents filed different ATCs., under Sections 10 and 16 of A.P. (Andhra Area) Tenancy Act seeking for a declaration that they are the cultivating tenants and they are entitled to all the benefits under the A.P....

Purushotham Patel and anr. Vs. Ravula Lakshminarayana and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALD809; 2003(5)ALT332

P.S. Narayana, J.1. The unsuccessful defendants in both the Courts below are the appellants in the present Second Appeal. The substantial question of law raised by Sri K.V. Bhanu Prasad, the learned Counsel representing the appellants is as hereunder:Whether the plaintiffs have established their title to the plaint schedule property and had established their possession and whether the principle of possession follows title can be extended to the facts of the present case?Submissions made by Sri K.V. Bhanu Prasad:2. The learned Counsel Sri K.V. Bhanu Prasad, representing the appellants had made elaborate submissions in a methodical and systematic way taking me through the respective pleadings of the parties, the Issues settled, the findings recorded by the Court of first instance and the findings recorded by the appellate Court. The learned Counsel with all emphasis had contended that both the Courts had totally ignored the evidence available on record and gave a finding that the plainti...

A. Ramanamma Vs. Nakka Neelamma and ors.

Court: Andhra Pradesh

Reported in: 2003(2)ALD(Cri)52; 2003CriLJ3995

ORDERS.R.K. Prasad, J.1. This revision is directed against the acquittal order passed by the Judicial Magistrate of 1st Class Pakala, in C. C. No. 11 of 1999 dated 31-1-2000.2. The facts that arise for consideration can be briefly stated as follows:Respondents 1 to 3 are the accused. The incident alleged to have taken place on 14-12-1998 at about 7.00 p.m. when A Ramanamma, was proceeding infront of the house of A Narasimhulu, the 1st respondent herein picked up a row and caught hold of her tuft and beat her and assaulted her with hands on her back and caused pains. A-2 also rushed there and assaulted her with a stout stick and caused bleeding injuries on her head, and A-3 assaulted her with hands on her back and caused pains. The respondents 1 to 3 were chargesheeted for the offence under Section 324 r/w 34 IPC and 323 r/w 34 IPC. After trial, the learned Magistrate acquitted the accused on the ground that there are civil disputes pending against the parties and also non-examination o...