Andhra Pradesh Court August 2003 Judgments
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Katamreddy Venkata Subba Reddy Vs. Gudala Sundararamireddy
Court: Andhra Pradesh
Decided on: Aug-08-2003
Reported in: 2004(2)ALT825
C.Y. Somayajulu, J. 1. Defendant in O.S.No. 404 of 1982 on the file of Principal District Munsif's Court, Kovur, Nellore District is the appellant in this Second Appeal. Respondent is the plaintiff in the said suit. For the sake of convenience, the parties would hereinafter after be referred as they are arrayed in the trial Court.2. The suit is filed for a declaration of the title of the plaintiff to the plaint schedule property. The case of the plaintiff is that defendant in execution of the decree obtained against him and his wife in O.S.No. 54 of 1971 on the file of the court of the Subordinate Court, Kavali on the foot of a promissory note executed by them in his favour filed E.P.No. 45 of 1975, which was dismissed consequent on the promulgation of A.P. Ordinance No 25 of 1976. Again after the coming into force of A.P. Act 7 of 1977, defendant filed E.P.No. 7 of 1979 on 30-1-1979 and got attached the plaint schedule property belonging to him, and Ac.1-21 cents of land belonging to ...
Md. Abdul Hameed Vs. Director of Sugars and Cane Commissioner and anr.
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: 2003(6)ALD244
ORDERV. Eswaraiah, J. 1. The petitioner in Writ Petition No. 1331 of 2002 is a Chief Chemist in Amadalavalasa Cooperative Sugars Limited, Amadalavalasa, Srikakulam District. The petitioner in Writ Petition No. 12382 of 2003, is also a Chief Chemist at Eti Koppaka Co-operative Agricultural and Industrial Society Limited, Eti Koppaka, Visakhapatnam. Admittedly both the petitioners are Common Cadre employees and they were recruited under the Regulations framed by the Registrar in exercise of the powers conferred on him under Section 116-A of the Co-operative Societies Act (for short 'the Act'). 2. It is stated that as per the conditions of service stipulated in the Regulation, age of retirement was fixed at 60 years. Thereafter Regulations were revised relating to the service conditions, method of recruitment, pay scales, and according to the amendment, Regulation No. (30) was issued in proceedings Rc.No. 24127/93/B1, dated 15-6-1996, wherein the age of superannuation of the Common Cadre ...
General Manager Area-i, R.G. Division, Singareni Collieries Company Li ...
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: 2003(6)ALD481; 2003(6)ALT448; (2004)ILLJ698AP
B. Sudershan Reddy, J.1. The Singareni Collieries Company Limited is in appeal before us assailing the order of the learned Single Judge dated 27-3-2003 made in W.P. No. 12775 of 1995 whereunder the learned Judge dismissed the said writ petition filed by the appellant herein and accordingly confirmed the award passed by the Industrial Tribunal in I.D. No. 16 of 1993.2. The facts now beyond the pale of controversy are few and may briefly be stated:3. The second respondent-workman was appointed as Mazdoor in the appellant-company in Category-1 with effect from 23-11-1964. Later, he was promoted to Category-IV in 1966 and Category-V with effect from 1-6-1976. He became eligible for being promoted to Category-VI. That he met with an accident on 14-12-1983 while working in the night shift of VI Incline, Godavarikhani. After recovery, the Medical Officer and Neuro Surgeon issued a certificate of fitness dated 9-8-1984 certifying that he was fit for duty after taking rest for a period of one ...
Karaka China Ramayamma Vs. State Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: 2004(2)ALD139; 2004(3)ALT778
C.Y. Somayajulu, J.1. Plaintiff in O.S. No. 262 of 1978 on the file of the Court of Principal District Munsif, Vizianagaram is the appellant in this second appeal.2. Appellant filed the suit for permanent injunction restraining the respondents from evicting him from Ac.2.17 Gts., of land in S.No. 87/4 of Korlam Village (hereinafter referred as the suit land), contending that the suit land was a part of Vizianagaram estate and that she has been in occupation of the suit land from several years even prior to Vizianagaram estate being taken over under the provisions of the A.P. Estates Abolition Act, and thus acquired the status of a ryot within the meaning of the Estates Abolition Act, and hence is entitled to a ryotwari patta, but the revenue officials of Korlam Village, with a view to cause wrongful loss to her, served a notice under Section 7 of the A.P. Land Encroachment Act describing her as an encroacher in respect of the suit land, and so the respondents may be restrained from evi...
Madhavulu Vs. Boya Eshwaraiah
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: AIR2004AP164
ORDERC.Y. Somayajulu, J.1. The order dated 7-7-2003 in I.A. No. 298 of 2003 in O.S. No. 18 of 2002 on the file of the Court of the Senior Civil Judge, Wanaparthy, is a subject matter of this revision.2. The revision petitioner filed the suit against the respondent on the foot of a promissory note. The respondent filed his written statement and: is contesting the suit. After the revision petitioner examined himself as P.W. 1 in Chief on 13-3-2003, the respondent filed I.A. No. 298 of 2003 under Order 11, Rule 14 of CPC to direct the revision petitioner to produce the account books pertaining to the fertilizers and pesticides maintained by him from 1999 to 2002. The revision petitioner filed his counter contesting the petition. On 7-7-2003, the learned Senior Civil Judge passed the following order.'Heard the counsel for petitioner. Respondent has not submitted any arguments. It appears respondent's counsel has no arguments to submit. Hence the petition is allowed without costs.'3. The co...
Telga Tulsibai Vs. K. Shakunthala and ors.
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: 2004(4)ALD810
L. Narasimha Reddy, J.1. Elections to the Gram Panchayat of Chinnarasapally, Dahegaon Mandal, Adilabad District, were held on 14-8-2001. The writ petitioner and Respondents 1 to 4 contested for the office of Sarpanch. In all, 557 votes were polled. The writ petitioner and the 1st respondent were declared to have secured 139 votes each. The Election Officer, the 5th respondent, declared the writ petitioner as elected on the basis of toss.2. Challenging the election of the writ petitioner, the 1st respondent filed OP No. 9 of 2001 in the Election Tribunal-cum-Junior Civil Judge, Sirpur. She alleged that the Election Officer committed several irregularities in the matter of counting of votes. It was her case that the husband of the writ petitioner was the Sarpanch at the relevant point of time, the Election Officer stayed in their residence and was under the influence of the writ petitioner and her husband. It was further averred that the votes were not shown to the agents and despite the...
A. Satyaseela Reddy Vs. Tahsildar-cum-land Acquisition Officer
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: 2004(2)ALT283
P.S. Narayana, J. 1. One A. Satyaseela Reddy, the appellant herein, aggrieved by the order and decree made in O.P.No. 2228 of 1984 on the file of the II Additional Subordinate Judge, Kurnool dated 14-3-1989 had preferred the present appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter in short referred to as 'the Act' for the purpose of convenience).2. The Tahsildar-cum-Land Acquisition Officer, Kurnool in pursuance of the notification under Section 4(1) and draft declaration under Section 6 of the Act issued in R.C.K.950/83, dated 10-6-1983 of Collector, Kurnool published in District Gazette extraordinary dated 18-6-1983 acquired Ac.5-53 cents of land of the appellant-claimant in Survey No. 339/2B of Ulchala village for the purpose of providing house sites to the Schedule Caste members of the said village after holding due enquiry and awarding a rate of Rs. 10,000/- per acre as compensation vide award No. 3/83/84, dated 26-10-1983. Dissatisfied with the adequacy of c...
Eguvakammakandriga Gram Panchayat Vs. the Dist. Collector and ors.
Court: Andhra Pradesh
Decided on: Aug-07-2003
Reported in: 2003(6)ALT89
ORDERL. Narasimha Reddy, J.1. This petitioner is Eguvakamma Kandriga (for short 'E-Kandriga') Gram panchayat, represented by its Sarpanch. It comprises of as many as 8 hamlets. Funds were released for construction of Gram Panchayat Office. The Panchayat had passed a resolution proposing to construct the office building at a hamlet known as Diguvakamma Kandriga (for short 'D-Kandriga). On a representation made by some villagers as well as some members of the Gram Panchayat, one of them being the 3rd respondent, the District Collector, the 1st respondent herein, passed, orders dated 12-12-2002 directing that the building be constructed at E-Kandriga. The petitioner challenges the said proceedings in this writ petition.2. The petitioner contends that D-Kandriga is centrally located place in the Gram Panchayat and better suited for construction of Panchayat office. It is also stated that the residents of all other hamlets are in favour of construction of the office building at D-Kandriga. ...
K. Rajaiah Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Aug-06-2003
Reported in: 2003(6)ALD106; 2003(5)ALT486
G. Bikshapathy, J. 1. The writ petition is directed against the orders passed by the learned Central Administrative Tribunal in O.A. No. 443 of 2002, dated 24-2-2003.2. The writ petitioner is the applicant before the Tribunal. The petitioner was initially appointed as Sub-Inspector (Reserve) in 1968 and subsequently he was transferred as Sub-Inspector (Civil) in 1976. He was promoted as Inspector in 1983 and on 18-10-1986 he was promoted as Deputy Superintendent of Police on out of turn basis. With effect from 1-1-1995, the petitioner was further promoted as Additional Superintendent of Police. He was further promoted as Superintendent of Police (Non-Cadre) with effect from 17-10-2000. Petitioner submits that as per the Indian Police (Appointment by Promotion) Regulations, 1955 (for short 'Regulations'), he became eligible to be included in the select list for confirmation of I.P.S. However, for various reasons, the Selection Committee did not meet. Finally, Selection Committee met for...
Rachamalla Amruthamma Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-06-2003
Reported in: AIR2004AP15; 2003(5)ALD596
ORDERL. Narasimha Reddy, J.1. The petitioner claims to be the owner of land in Sy.No. 225 of Mannempalli Village, Thimmapoor Mandal, Karimnagar District. She claims to have dug an irrigation well in the land for the purpose of irrigating her land.2. This writ petition is field alleging that the Gram Panchayat of the village, 4th respondent and its Contractor, 5th respondent are proposing to dig an open well for the purpose of providing drinking water to the village just by the side of the well of the petitioner. Relying upon the provisions of Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli (for short 'Irrigation Act') and the Andhra Pradesh Water, Land and Trees Act 10 of 2002 (for short 'Act 10 of 2002), the petitioner seeks writ of mandamus declaring the action of the respondents in proposing to dig the well by the side of the well of the petitioner.3. The respondents 4 and 5 filed counter-affidavit. It is their case that the well dug by the petitioner is in Shikam Porambo...
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