Andhra Pradesh Court June 2003 Judgments
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T. Mrugapani Vs. A.P. State Co-operative Bank and ors.
Court: Andhra Pradesh
Decided on: Jun-26-2003
Reported in: 2003(6)ALD647; 2003(5)ALT760
ORDERL. Narasimha Reddy, J.1. The petitioner is employed as Chief General Manager in the Andhra Pradesh State Co-operative Bank Limited (for short 'the Bank'), the 1st respondent herein. Disciplinary proceedings were initiated against him by issuing charge-sheet dated 5-5-2001. Six charges relating to several commissions and omissions of the petitioner were framed. He has also been placed under suspension. On receiving the explanation submitted by the petitioner, an Enquiry Officer was appointed to conduct a domestic enquiry. The Enquiry Officer submitted his report on 26-7-2002.2. The Managing Director of the Bank, the 2nd respondent herein, had issued show-cause notice dated 22-5-2003 to the petitioner. In the show-cause notice, the 2nd respondent has referred to the charges levelled against the petitioner, the findings recorded by the Enquiry Officer and the reasons for disagreeing with the same. In conclusion, the show-cause notice reads that the Committee of Persons in-charge (for...
S. Rami Reddy Vs. Vice-chairman and Managing Director, Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Jun-25-2003
Reported in: 2003(4)ALD609; 2003(6)ALT390
N.V. Ramana, J.1. In this batch of 128 writ petitions, the petitioners, who are employed in the Work Charged Establishment and Provincial Establishment of the A.P. State Irrigation Development Corporation (for short 'the Corporation), as Executive Engineers, Deputy Executive Engineers, Work Managers, Assistant Executive Engineers, Assistant Engineers, Work Inspectors, Assistant Geophysicists/Assistant Hydrogeologists, Draftsmen, Electricians, Fitters, Riggers, H.Ms., N.T.Ms., M.Ms., P.Os., Drillers, Tracers, Stenographers, Assistant Section Officers, Assistants, Typists, Drivers, Helpers, Cleaners, Lascars, Watchman, etc., are assailing the individual notices issued to them by the respondent-Corporation, identifying them as surplus staff and requiring them to opt for VRS, on a number of grounds.2. Though a number of grounds have been urged by the learned counsel for the petitioners in support of this batch of writ petitions, they in essence have sought to attack their very identificati...
B.V. Raghavaiah Choudary and ors. Vs. the Station House Officer, Ccs, ...
Court: Andhra Pradesh
Decided on: Jun-25-2003
Reported in: 2004(2)ALD(Cri)200; 2003(6)ALT779
ORDERV. Eswaraiah, J. 1. This Writ Petition is filed to issue a writ of certiorari to call for the records relating to Crime No.272 of 2000 on the file of the 1st respondent and quash the same holding that the criminal proceedings against the petitioner are illegal, improper, unjust, malafide and not maintainable and further to declare that the report of the 2nd respondent do not disclose any offence. The 2nd respondent is the Assistant General Manager of the Andhra Pradesh State Cooperative Bank Limited, Troop Bazar, Hyderabad. The 1st and 2nd Petitioners are the Directors of M/s Masters Pearls Limited with its registered office at Ameerpet and the site office at Kothapet Village, Vetapalem Mandal, Prakasam District. The Andhra Pradesh State Cooperative Bank Limited, Troop Bazar, Hyderabad, (herein after referred as 'the bank') sanctioned a term loan of Rs. 300 lakhs for establishment of a Pearl culture project comprising of Hatchery and culture farm, with 5 million seed and 7.20 lakh...
N.G. Shah Vs. T.N. Mohan Raj
Court: Andhra Pradesh
Decided on: Jun-25-2003
Reported in: 2003(4)ALD838; 2004(1)ALT470
T. Ch. Surya Rao, J. 1. The unsuccessful tenant is the revision petitioner who filed the Civil Revision Petition assailing the order dated 28.7.2000 passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad, in R.A.No. 254 of 1996. The respondent landlord filed the eviction petition seeking eviction of the tenant in R.C.No. 199 of 1995. 2. It is expedient to refer the parties as they were originally arrayed to avoid confusion. 3. The facts lie in a narrow compass: The petitioner is the owner and landlord of the premises bearing No. 8569 popularly known as 'Natesan Compound'. The respondent is a tenant in a portion thereof comprising of one mulgi on the condition of paying a monthly rent of Rs. 200/- doing hardware business in the name and style of M/s.Asiatic Hardware. However, he is highly irregular in payment of rent. He committed default from December, 1994 onwards, which is wilful and deliberate. He has further undertaken alterations to the premises without t...
Sergeant Jena Jk Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Jun-24-2003
Reported in: 2003(4)ALD797; 2004(1)ALT563
ORDERL. Narasimha Reddy, J.1. The petitioner is a Sergeant in the Indian Air Force. In the year 2001, he was posted at New Delhi. It is his case that for the past 25 years of his service, he has been never posted at his home zone and it was on his request that he was posted at Navigation Training School at Hyderabad with effect from 26-3-2001. Through a signal dated 29-5-2003, he has been posted to Air Force Station at Rajasthan. The petitioner challenges the same as being the punitive transfer.2. The petitioner contends that he has been tried by the District Court Martial on 26-11-2002 on the charge of improper possession of defence liquor bottles. As a consequence of the same, he was sentenced to forego two years past service for the purpose of promotion and was severely reprimanded. The finding as well as the sentences were confirmed by the 3rd respondent, through his orders dated 25-4-2003. The petitioner contends that the present transfer is on the basis of the outcome of the Cour...
Malla Satyanarayana Vs. Lanka Venkata Ramanamma and ors.
Court: Andhra Pradesh
Decided on: Jun-24-2003
Reported in: AIR2003AP461; 2003(4)ALD891; 2004(1)ALT316
ORDERV. Eswaraiah, J.1. This Civil Revision Petition is filed challenging the action of the 7th respondent-District Registrar-cum-Collector, Visakhapatnam, in declining to exercise his power to impound a document after collecting the stamp duty and penalty, payable thereon in his discretion, pursuant to the order of the Civil Court and on such refusal to exercise the statutory duty of the District Registrar-cum-Collector for impounding the document after collecting the stamp duty and penalty, the Court levied the penalty of ten times of the stamp duty as compulsory penalty.2. The petitioner is the plaintiff and respondents 1 to 6 are the defendants and respondent No. 7 is the District Registrar. The suit is filed for specific performance of an agreement of sale, dated 18-11-1988.3. For the sake of convenience, the parties will be referred to as arrayed in the suit.4. The plaintiff originally filed O.S. No. 559 of 1991 on the file of III Additional Subordinate Judge, Visakhapatnam, whic...
Mohd. Ibrahim Vs. Managing Committee of Masjid-e-khursheed Jah and anr ...
Court: Andhra Pradesh
Decided on: Jun-24-2003
Reported in: 2003(4)ALD799; 2003(5)ALT477
Dalava Subrahmanyam, J.1. The appellant-defendant filed this second appeal against the decree and judgment in A.S. No. 6 of 1998 on the file of the XII Additional Chief Judge, City Civil Court, Hyderabad (Fast Track Court) dated 15.11.2001 in dismissing the appeal filed against the decree and judgment in O.S.No. 1338 of 1994 dated 28.11.1997 on the file of the VIII Assistant Judge, City Civil Court, Hyderabad in decreeing the suit filed by the plaintiffs directing the defendant to vacate the suit premises and deliver vacant possession and to pay the arrears of rent in a sum of Rs. 450/- and also to pay the mesne profits from 1.10.1993.2. The brief facts leading to the filing of Second Appeal are as follows:The defendant is a tenant in the suit premises bearing No. 11.6.305 situated at Masjid-e-Khursheed Jah, Nampally, Hyderabad on a monthly rent of Rs. 150/-. The suit premises belong to the first plaintiff, which is a Trust property. The defendant failed to pay the rent and he is a hab...
B.V.V.S.S. Narayana Vs. State Level Co-ordinator for Petroleum Product ...
Court: Andhra Pradesh
Decided on: Jun-24-2003
Reported in: 2003(5)ALD28
ORDERG. Rohini, J.1. This Writ Petition is filed seeking a declaration that the notification issued by the 2nd respondent in Eenadu daily newspaper dated 29-5-2002 is arbitrary and illegal and in violation of the norms of the Oil Companies and for consequential directions.2. The petitioner claims to be the dealer of Hindustan Petroleum Corporation Limited for retail sale of Motor Spirit as well as High Speed Diesel at Yanam. He states that in addition to the retail outlet, there are two more retail outlets belonging to Bhgarat Petroleum Corporation Limited and Hindustan Petroleum Corporation Limited. It is also stated by the petitioner that the Central Government has stipulated several modalities for proper functioning and distribution of Petroleum products of the four oil companies so as to see that all the four Oil Companies distributes petroleum products evenly. The petitioner states that as per the norms issued, apart from maintaining distance from one retail outlet to the other, p...
Binodlal Sagarmal and ors. Vs. Prem Prakash Gupta and ors.
Court: Andhra Pradesh
Decided on: Jun-24-2003
Reported in: 2003(5)ALD222
ORDERV.V.S. Rao, J. 1. The first petitioner is a firm and petitioners 2 and 3 are its partners. They are tenants of mulgi bearing No. 1-2-174, Charkaman, Hyderabad, owned by the respondents. In 1985, the second petitioner along with two others filed a suit for specific performance of agreement of sale alleged to have been executed by one Madanlal Gupta in respect of mulgies bearing No. 21-2-172, 173 and 174, Charkaman, Hyderabad. The second petitioner along with one Devakinandam filed O.S. No. 2587 of 1985 (later numbered as O.S. No. 307 of 1993) on the file of the IV Additional Judge, City Civil Court, Hyderabad against respondents 1 and 2 for perpetual injunction restraining them from changing the nature of the suit schedule premises. The Trial Court, by a common judgment dated 16-2-1994 decreed both the suits in favour of the petitioners. Aggrieved by the said judgment and decree respondents and others filed first appeals before this Court being C.C.C.A. Nos. 39, 41, 194, 47 of 1994...
The General Manager, South Central Railway and anr. Vs. Shaik Abdul Kh ...
Court: Andhra Pradesh
Decided on: Jun-23-2003
Reported in: 2003(4)ALD560; 2003(6)ALT755; (2004)ILLJ714AP
Bilal Nazki, J.1. This is a Writ petition filed by the South Central Railway challenging the order of Tribunal passed in O.A. No. 907/2000. The question that was considered by the Tribunal was, whether 50% of the service rendered by the respondent as casual labour could be counted towards qualifying service for the purpose of pension.2. The facts leading to the filing of the O.A are that the respondent was granted temporary status with effect from 1-1-83. He was absorbed in group-D post with effect from 1-1-95. He contended that, in terms of Master circular No. 54 of 1994 half of the period of service of a casual labour after attainment of temporary status on completion of 120 days continuous service would count for pensionary benefits. This benefit has already been extended to the Project Casual Labour with effect from 1-1-1981. According to the counter affidavit filed by the present petitioners before the Tribunal, they computed the service of the respondent as casual labour from 1-1...
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