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Andhra Pradesh Court August 2003 Judgments

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Aug 08 2003

Kandrathi Nagaraju Vs. Commissioner of Tribal Welfare and anr.

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2003(5)ALD465; 2003(6)ALT239

ORDERE. Dharma Rao, J.1. The petitioner Kandrathi Nagaraju, who claims to be a member of the Scheduled Tribe, filed this writ petition to issue a writ of mandamus declaring the proceedings of the first respondent in Rc. No. 2048/2002/TRl/VC-7 dated 21.10,2002 by which the Commissioner of Tribal Welfare, Hyderabad, has declared that the petitioner does not belong to Kammara Caste and is not Scheduled Tribe, as illegal, arbitrary and without jurisdiction and to further direct the respondents to continue to treat the petitioner as a Scheduled Tribe Candidate belonging to Kammara Caste as per the social status certificate issued by Mandal Revenue Officer, Kandukur Mandal, Prakasham District and to allow all the benefits conferred on the Scheduled Tribe Candidates in the State of Andhra Pradesh.2. It is submitted that the petitioner after obtaining Bachelor's Degree in Arts in the year 1999 from M/s. CSR Sarma College affiliated to Nagarjuna University, applied for the recruitment to Group-...


Aug 08 2003

Shilpa Engineering Contractors and Suppliers Vs. Northern Power Distri ...

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2003(6)ALD735; 2003(5)ALT802; II(2004)BC143; 2004(1)CTLJ30(AP)

ORDERN.V. Ramana, J. 1. Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondent-A.P. Northern Power Distribution Company Limited (APNPDCL).2. The petitioner is a registered Contractor with the respondent. Pursuant to the Tender Notice No. 03/2002-2003, issued by the respondent, inviting sealed tenders from registered contractors for manning and maintenance of 33/11 KV sub-stations in Nizamabad Circle, the petitioner submitted his tender. According to the petitioner, as per the terms and conditions of the Tender Notice, the sealed tender covers which do not contain the superscription of the particulars such as, tender specification number, E.M.D. particulars, validity period, acceptance of terms and conditions of the Board/NPDCL, valid licence number from Chief Electrical Inspectorate to Government of Andhra Pradesh and registration number with APNPDC Ltd., Warangal, will be returned unopened. The petitioner claims to have submitted the Tender Sc...


Aug 08 2003

T. Bhaskara Rao and anr. Vs. Tangella Mudi Gabriel and anr.

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2004(1)ALD589; 2004(2)ALT59

C.Y. Somayajulu, J.1. Plaintiffs in O.S. No. 350 of 1978 on the file of the Court of the Principal District Munsif, Gudivada are the appellants in this second appeal.2. For the sake of convenience, the parties would hereinafter be referred to as they are arrayed in the trial Court.3. The case, in brief, of the plaintiffs is, second plaintiff is the son of the first plaintiff. Nakshtram, the mother of the defendants sold Ac.0.49 cents of wet land in R.S.No. 214/2 of Vennanapudi Village, specified in the plaint 'A' Schedule (the suit land) to the first plaintiff on 27-3-1958 under a registered sale deed dated 6-6-1958, in pursuance of an agreement of sale in favour of the first plaintiff and put him in possession and enjoyment of the said land. Rayappa, the father of the defendants was a member of the Field Labour Co-operative Society, which owned acres 26.65 cents of land in patta No. 199. As a member of the said society, he was allotted Ac.0.34 cents of land in the patta land. He excha...


Aug 08 2003

Pushpinder Kaur Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2004(2)ALD206; 2004(2)ALT573

ORDERE. Dharma Rao, J.1. This writ petition is filed to issue a writ of mandamus declaring the action of the respondents in terminating the services of the petitioner - Smt. Pushpinder Kaur during the subsistence of valid period by issuing G.O. Rt. No. 1294 dated 21-8-2002 on the suggestion of the then Acting Chairman of the A.P. Administrative Tribunal and also to declare paragraph No. 9 of G.O. Ms. No. 187 dated 6-12-2000 as illegal, unjust, discriminatory, violative of Articles 14, 16 and 212 of the Constitution of India and consequently to set aside G.O. Ms. No. 1294 dated 21-8-2002 and to declare paragraph No. 9 of G.O. Ms. No. 187 dated 6-12-2000 is unconstitutional.2. The facts in narrow compass are that the petitioner is an advocate practising since 8-4-1977 and on 27-12-2000 she was appointed a Government Pleader by G.O. Rt. No. 1821 dated 26-12-2000, A.P. Administrative Tribunal, on linguistic minority in Education Department and on 4-12-2002 she was shifted to Medical and He...


Aug 08 2003

Ch. Mallesham Vs. the Commissioner of Proh. and Excise and ors.

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2003CriLJ4689

ORDERL. Narasimha Reddy, J.1. The petitioner is the owner of an Auto Trolley. He was issued a show cause notice dated 16-10-2000 by 3rd respondent, alleging that on 31-8-2000 the vehicle was found transporting 28 lumps of black jaggery and he was asked to show cause as to why the vehicle should not be confiscated. Observing that the petitioner did not submit any explanation and claiming to be acting in exercise of the powers under Section 46(2) of the A.P. Excise Act, (hereinafter referred to as 'the Act') the second respondent the Deputy Commissioner of Prohibition and Excise, Karimnagar, had conficasted the vehicle of the petitioner together with the goods, through his proceedings dated 30-10-2001, on the ground that it was involved in transportation of 'Jaggery'. The violation is said to be of Section 34(a) of the Act. The petitioner carried the matter in appeal before the first respondent the Commissioner of Prohibition and Excise. He affirmed the order of the second respondent. He...


Aug 08 2003

K. Sandhya Vs. K. Venugopala Rao

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2004(1)ALT289; II(2004)DMC550

S. Ananda Reddy, J.1. This appeal is directed against the order dated 9.6.2000 made in O.P. No. 59 of 1996 passed by the Senior Civil Judge, Sathupalli, allowing the O.P.2. The appellant herein is the wife. The respondent filed the O.P. under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, the Act) for dissolution of the marriage by a decree of divorce on the ground of cruelty. The marriage between the appellant and the respondent took place on 15.5.1993 at Saidabad, Hyderabad. After the marriage both of them lived happily for sometime at Kallur of Khammam district and they were blessed with a male child. It is stated that two years prior to the filing of the O.P., the appellant became violent, eccentric. It is stated that with a view to bring a change in her, the respondent also put up a separate family in the same village, but his efforts were in vain and there was no change in the attitude of the appellant. It is stated, on the other hand, it has increased. It is state...


Aug 08 2003

B. Rehelamma and ors. Vs. A.P. State Agro Industries Development Corpo ...

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2004(4)ALD181; 2004(1)ALT546

ORDERN.V. Ramana, J.1. The petitioners who are employed with the A.P. State Agro Industries Development Corporation Limited (for short 'the Corporation') in different layers of the hierarchy, like Junior Manager, Senior Assistant, Senior Accountant/Senior Sales Executive, Auxiliary Assistant, Mechanic Grade-III, Record Assistant, Attender, Security Guard and Sweepers/Scavengers, have filed these writ petitions calling in question the proceedings dated 28-12-2002 issued by the Vice-Chairman and Managing Director of the Corporation calling upon them to unconditionally opt for the Voluntary Retirement Scheme offered by the Corporation, on grounds more than one.2. To wit, the facts which culminated in the issuance of the impugned proceedings may briefly be referred to. The Corporation, which is a company registered under the provisions of the Companies Act, 1956 was incorporated to undertake the activities of sales of Fertilizers and Pesticides, formulation of Pesticides, Fruit Processing ...


Aug 08 2003

All India Council for Technical Education and ors. Vs. Kamareddy Colle ...

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2003(5)ALT677

Devinder Gupta, C.J.1. By a common judgment dated 4th July, 2003 we have disposed of a batch of writ petitioner viz., W.P.No. 23987 of 2002 and batch.2. The above judgment passed by us is sought to be reviewed by the petitioners in the present review applications. Review of the judgment is sought insofar as the five writ petition viz., W.P. Nos. 1401, 1798, 1799, 4630 and 4683 of 2003 are concerned which were disposed of along with the batch of writ petitions.3. Learned counsel for the petitioners in the review applications states that while passing the common judgment in the above batch of writ petitions, the facts relating to W.P.No. 24668 of 2002 alone were taken into consideration by the Court which led the Court in passing an order giving benefit of the judgment to the petitioners in the above 5 writ petitions also. According to the learned counsel, these 5 writ petitions ought to have been dismissed.4. The learned counsel for the review petitioners submits that insofar as the pre...


Aug 08 2003

G.M. Qureshi Vs. Ashraf Jehan

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2004(1)ALT491

P.S. Narayana, J. 1. Heard Sri V. Venkataramana, Counsel representing the appellant and Sri J. Prabhakar, Counsel representing the respondent.2. The Second Appeal is preferred by the unsuccessful defendant in O.S.No. 1667/95 on the file of VII Junior Civil Judge, City Civil, Court Hyderabad. The respondent herein/ plaintiff filed O.S.No. 1667/95 on the file of VII Junior Civil Judge, City Civil Court, Hyderabad for the reliefs of ejectment of the appellant/defendant from the suit schedule premises, delivery of vacant possession, arrears of rent for mesne profits and for costs of the suit. On the strength of the respective pleadings of the parties, Issues were settled. P.W.1 and P.W.2 were examined and Exs.A-1 to A-6 were marked. Likewise, D.W.1 and D.W.2 were examined and Exs.B-1 to B-13 were marked. On appreciation of the oral and documentary evidence, the court of first instance had partly decreed the suit and aggrieved by the same, the appellant herein/defendant preferred A.S.No. 37...


Aug 08 2003

V. Jayaramaiah and anr. Vs. Director, Sri Venkateswar Institution of M ...

Court: Andhra Pradesh

Decided on: Aug-08-2003

Reported in: 2003(6)ALT742

C.V. Ramulu, J.1. In all these writ petitions, almost common question of fact and law arise for consideration and as such, they are being disposed of by this common Judgment.2. According to the petitioners, Sri Venkateswara Institute of Medical Sciences (SVIMS) was established at Tirupathi in the year 1992 with the financial aid and assistance of Tirumala Tirupathi Devasthanams (TTD). Since in the initial stages, there were no sanctioned posts in the Institute, the respondent-SVIMS appointed and engaged suitable persons on daily wage basis for various posts for the smooth running of SVIMS. Petitioners in W.P.No. 32836 of 1997 were engaged as drivers, petitioners in W.P.No. 32952 of 1997 as Laundry workers in the year 1994, petitioner in W.P.No. 33134 of 1997 as Supervisor, petitioners in W.P.No. 33814 of 1997 as Helpers under the control of the Civil Engineer at Tirupathi and petitioner in W.P.No. 33422 of 1997 in Class IV service as Pest Control Boy. They claim that they have been wor...


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