Andhra Pradesh Court September 2003 Judgments

Mohd. Anwar Ali Vs. A.P. Co-operative Oil Seeds Growers Federation Lim ...

Court: Andhra Pradesh

Reported in: 2003(6)ALD400

ORDERV. Eswaraiah, J. 1. All these writ petitions are filed to issue a writ of mandamus to declare the action of the respondents in introducing the Voluntary Retirement Scheme in A.P.Co-operative Oil Seeds Growers Federation Limited (for short 'APOILFED') as illegal, arbitrary, unconstitutional and without jurisdiction and to set aside the notification No. APOILFED: MD:P&A;: VRS: 2003 dated 7-5-2003 and also declare the final common seniority list of the employees of APOILFED along with the surplus, and non-surplus list which is approved for the VRS-2003 vide notification APOILFED : MD: P&A;: VRS: 2003 dated 7-5-2003 as illegal, arbitrary and against the principles of natural justice and set aside the same.2. Several contentions have been raised by the learned Counsels Sri J.V. Suryanarayana, Sri Nooty Ram Mohan Rao, Dr. K. Lakshmi Narasimha, Dr. P.B. Vijay Kumar, Sri P. Girikrishna, Sri T. Sudhakar Reddy, Sri N. Sridhar Reddy etc., appearing for the writ petitioners contending that AP...

B.H. Sudhir Varma Vs. A.P. State Financial Corporation and ors.

Court: Andhra Pradesh

Reported in: AIR2004AP61; 2003(6)ALD319; 2003(6)ALT364; II(2004)BC150

ORDERD.S.R. Varma, J.1. This writ petition is filed seeking a declaration that the action of the Respondents 1 and 2 in proceeding under Section 29 of the State Financial Corporations Act (for short 'the Act') against the property, bearing Plot No. 443, A21, H.No. 8-2-293/82/L-III/443/A/21 in S.No. 120 (New) of Shaikpet and 101/1 of Hakimpet Village, admeasuring 964 square yards, situated at Road No-86, Jubilee Hills Cooperative House Building Society Limited, Jubilee Hills, Hyderabad, offered by the petitioner as collateral security, as illegal and arbitrary.2. The undisputed facts are that the petitioner is a guarantor. The principal borrower had obtained a loan for a particular sum. The property of the petitioner, who is a guarantor, was mortgaged as a collateral security. The principal borrower fell in dues and was declared as defaulter. Invoking the provisions under Section 29 of the Act, the proceedings have been initiated by the A.P. State Financial Corporation (for short 'the c...

Tavidisetty Venkateswara Rao Vs. Tavidisetty Nageswara Rao

Court: Andhra Pradesh

Reported in: 2003(6)ALD654; 2003(6)ALT161

D.S.R. Varma, J. 1. This Letters Patent Appeal is directed against the decree and judgment made in A.S. No. 2698 of 1993, dated 29-11-2001, of a learned Single Judge of this Court. 2. The above A.S. No. 2698 of 1993 arose out of the decree and judgment made in O.S. No. 254 of 1998, dated 11-8-1993, on the file of the Subordinate Judge, Vijayawada, which was filed by the plaintiff for partition and possession of half share in the plaint schedule property and for profits. Aggrieved by the decree for partition and possession, the appellant in A.S. No. 2698 of 1993 brought the said appeal, which was ultimately dismissed, confirming the decree and judgment of the Subordinate Judge, Vijayawada, made in O.S. No. 254 of 1998, by the learned Single Judge of this Court. Having been aggrieved by the judgment of the learned Single Judge, the present Letters Patent Appeal is preferred by the defendant in O.S. No. 254 of 1998 and the appellant in A.S. No. 2698 of 1993 on the file of this Court. 3. F...

Sai Krishna General Stores Vs. B. Sai Anand Prasad

Court: Andhra Pradesh

Reported in: 2004(1)ALD296; 2004(6)ALT275

ORDERT.Ch. Surya Rao, J.1. Inasmuch as common questions of law and fact are involved, although the landlords and the tenants are different, all these six Civil Revision Petitions can be disposed of together.CRP Nos. 2312, 2313, 3332 and 3520 of 2001:2. The above revision petitions arise out of R.C. Nos. 192/1996 and 196/1996 on the file of the Additional Rent Controller, Secunderabad. The landlord filed the said petitions under Section 4 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 ('the Act' for brevity) seeking fixation of fair rent against two of his tenants in respect of his non-residential premises bearing No. 1-8-91/19/1 and No. 1-8-91/19/2 respectively situate at Prenderghast Road, Secunderabad. At the culmination of enquiry, on an appreciation of evidence available on record, the learned Rent Controller allowed those two petitions fixing the fair rent at Rs. 4,000/- per month exclusive of the electricity consumption charges and property taxes pay...

Palagani Sudhakara Rao and ors. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2004(2)ALD592

E. Dharma Rao, J 1. The petitioners who are dealing in liquor and carrying on business of Bar and restaurants, under valid licence granted by the respondents under FL 17 and 24, seek to invoke extraordinary jurisdiction under Article 226 of the Constitution of India to issue a writ of mandamus declaring paragraph/Rule 5 of G.O. Ms. No. 16 Revenue (Ex.II) Department dated 12.1.1995 as ultra vires to the provisions of A.P. Prohibition Act, 1995 and Rules framed thereunder and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India.2. It is averred that while the petitioners were conducting business in terms of their licences, the Government with a laudable object, imposed prohibition in the State of Andhra Pradesh and the State Legislature enacted The Andhra Pradesh Prohibition Act, 1995 introducing prohibition of sale and consumption of intoxicating liquors and matters connected therewith which received assent of the President on 17. 2.1995 and first Gazetted on 20-...

Suda Venkataratnam Vs. Beesa Bathuni Pitchamma and ors.

Court: Andhra Pradesh

Reported in: 2004(3)ALD121; 2004(2)ALT179

Bilal Nazki, J.1. Both these appeals have been filed against the same judgment passed by the learned Single Judge in W.P. No. 22410 of 2002. W.A. No. 1 of 2003 has been filed by the Respondent No. 3 in the writ petition, whereas W.A. No. 62 of 2003 has been filed by the Respondents 1 and 2 in the writ petition. The parties shall hereinafter be referred to as arrayed in the writ petition.2. The petitioner has filed a writ petition being W.P. No. 22410 of 2002 challenging the proceedings dated 27-8-2002 disqualifying her from the office of member of 12th Ward of Chilakaluripet Municipality, Guntur District as being arbitrary, illegal, unconstitutional and contrary to Section 16(3) of the Andhra Pradesh Municipalities Act, 1965 (for short 'the Act'). The petitioner contended that she had contested for the post of member of 12th ward of Chilakaluripet Municipality in the elections that were held in the month of March, 2000. She stated that there were 1322 valid votes polled in all, she sec...

Chenna Reddy Vs. D. Venkata Reddy

Court: Andhra Pradesh

Reported in: 2004(1)ALT406

P.S. Narayana, J.1. The appellant herein, Chenna Reddy, the 1st defendant in O.S.No. 60/92 on the file of Principal junior Civil Judge, Hindupur and 1st respondent in A.S.No. 27/99 on the file of Senior Civil Judge, Hindupur, had preferred the present Second Appeal, aggrieved by the reversing Judgment and decree made in A.S.No. 27/99 on the file of Senior Civil Judge, Hindupur.2. The respondent herein, Venkat Reddy filed O.S.No. 60/92 on*the file of the Principal Junior Civil Judge, Hindupur for the relief of permanent injunction relating to the plaint schedule property as against defendants 1 to 3. The 3rd defendant was set ex parte. The appellant -- 1st defendant filed written statement and an adoption memo was filed by the 2nd defendant.3. On the strength of the respective pleadings of the parties, Issues were settled. In the Court of first instance, on behalf of the respondent/plaintiff, P.W.1 to P.W.3 were examined and Exs.A-1 to A-5 were marked. Likewise, on behalf of the defenda...

Siddi Vinayaka Automobiles Ltd. and Another Vs. T. Raja Sekhar

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The opposite parties in C.D. No. 1000/1999 on the file of District Consumer Forum-II, Hyderabad are the appellants. 2. The complainant purchased Bajaj Kawasaki 45 Champion vehicle bearing No. AP 11-F 771 on 23.3.1998. Although at the time of purchase the opposite parties assured that the vehicle is fuel efficient and would achieve the mileage of 87 kms. per litre of petrol but in effect it was giving only 56 to 58 kms. Hence he filed the complaint. The District Forum directed the appellants to carry out the necessary repairs to ensure the promised mileage or in the alternative replace the vehicle with a new one together with compensation of Rs. 2,000/- and costs of Rs. 1,000/-. Hence the appeal. 3. Ex. A1 is the booklet issued by the opposite parties to the complainant at the time of purchase of the vehicle noting the Chassis Number, Engine Number, date of purchase, address of the purchaser etc. Hence the purchase by the complainant is established. L...

M. Satyanarayana Goud Vs. Commissioner, Prohibition and Excise and ors ...

Court: Andhra Pradesh

Reported in: 2003(6)ALD357; 2004(2)ALT785

ORDERL. Narasimha Reddy, J.1. In these four writ petitions, common questions of fact and law arise. Hence, they are disposed of through a common order.2. The petitioners in all the writ petitions were granted IL-24 licences. They have established wine shops at the suburbs of Vijayawada town. Through, separate orders dated 31-8-2003, the Prohibition and Excise Superintendent, the 2nd respondent in all the writ petitions, had suspended the licences of the petitioners. The basis for the suspension is that the Prohibition and Excise Inspector, Enforcement, Vijayawada, had inspected the shops of the petitioners on 22-8-2003 and during the course of inspection, he found that the Salesmen in the respective shops were found selling the various items of Indian Liquor at a price more than the Recommended Maximum Retail Price (for short 'RMRP'). Stating that sale of liquors at a price higher than the RMRP constitutes violation of the provisions of A.P. Excise Act (for short 'the Act') and the Rul...

Senior Divisional Manager, Life Insurance Corporation of India, Cuddap ...

Court: Andhra Pradesh

Reported in: III(2004)ACC793; 2005ACJ530; 2004(4)ALD106; 2004(4)ALT544

ORDERDubagunta Subrahmanyam, J. 1. This appeal is filed under Section 30 of Workmen's Compensation Act, 1923 (for short 'the Act') against order dated 28-2-2001 in W.C. Case No. 16 of 1997 on the file of Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Tirupati. The respondents in the claim application filed this appeal.2. C. Panikumar who was the son of the claimant was working as a sub staff member in L.I.C. at the branch office at Madanapalli. According to the claimant, the deceased Panikumar was proceeding to Andhra Bank on 24-6-1992 to remit cash of L.I.C. in the Bank and on the way to the Bank some persons murdered him and committed theft of money from him. The said fact is not in dispute. The claimant filed the claim application before the Commissioner seeking a total compensation of Rs. 1,67,192/- from the L.I.C. authorities. Among the respondents, the second respondent alone filed a counter opposing the claim application. It is the plea of the L.I....