Andhra Pradesh Court September 2003 Judgments
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Dayaram Rao M. Pawar Vs. Sri Kalahastheeswara Institute of Technology ...
Court: Andhra Pradesh
Decided on: Sep-25-2003
Reported in: 2003(6)ALT691
ORDERMotilal B. Naik, J.1. The petitioner claims to be a Class I Contractor. He executes works such as construction of building etc. According to him, he became the lowest bidder in respect of the works relating to construction of main building. West and South wings of SKIT at Srikalahasthi and entered into an agreement with 1st respondent vide Agreement No. 1 of 2001 dated 5-10-2001. As per the terms of the contract, the petitioner has to execute the works in accordance with the instructions issued by the first respondent. While executing the work, the petitioner required to use the sand, which is minor mineral, subject to levy of seigniorage fee. It is stated that in order to ensure and rationalize the collection of royalty and seigniorage fee, the 2nd respondent had framed certain rules in G.O.Ms.No. 537 Industries and Commerce (MI) Department dated 11-10-2000 and under the aforesaid rules, the person holding a mining lease or quarry lease granted under the Mineral Concession Rules,...
P. Venkataramana Vs. District Collector
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: 2003(6)ALD1
ORDERV.V.S. Rao, J.Introduction1. The writ petition is filed challenging the order/proceedings of the District Collector in Rc.No. 5213/96/A10, dated 3-2-1997 passed by the respondent herein. The petitioner seeks a declaration that the impugned proceedings insofar as the same restricts his right to sell the land admeasuring Acs. 4.04 cents in Sy.No. 294/2 of Madhuravada Village in Visakhapatnam Rural Mandal (hereafter called 'subject land') and insofar as the same declares that he is deemed to be assignee of the subject land as viontive of the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (hereafter called, 'the Act') as illegal and non-est. Though the impugned order was passed more than six years ago, having regard to the interesting question raised in the writ petition and also having regard to the fact that no prejudice would be caused to anybody by entertaining the writ petition after a long delay, this Court entertained the writ petition. Lengthy argum...
S. Varalakshmi Vs. District Co-operative Office and ors.
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: 2003(6)ALD516
ORDERV.V.S. Rao, J.1. The petitioner is the wife of one Satyanarayana. It appears, the third respondent availed a loan in an amount of Rs. 3,50,000/- from the second respondent for the purpose of dairy business. The petitioner's husband mortgaged the property being a residential house to secure the loan. There was a default in payment of the loan amount. The second respondent bank which is a Co-operative Bank, governed by the A.P. Mutually Aided Co-operative Societies Act, 1995 (for short 'A.P.MAC Act'), filed original petition being O.P.No. 8 of 2000 under Section 37 of the said Act before the A.P. Co-operative Tribunal, Hyderabad (hereafter called 'the Tribunal') for recovery of the loan. The said O.P. was filed against the petitioner's husband, her son and herself. Even after receipt of the notice, the petitioner and others did not appear before the Tribunal. Therefore, the Tribunal passed an order directing the third respondent and the petitioner herein to pay a sum of Rs. 15,17,64...
D. Jagannadha Rao and anr. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: 2003(6)ALD497; 2004(1)ALT41
G. Bikshapathy, J. 1. The matter relates to appointment of selection of Indian Administrative Service (I.A.S) under the provisions of India Administrative Service Act (Appointment by Selection) Regulations, 1997. The writ is directed against the orders passed by the Central Administrative Tribunal, Hyderabad in OA No. 87 of 2000.2. Both the petitioners were initially selected by the Andhra Pradesh Public Service Commission in Group-I Service and appointed in the Co-operative Department. The 1st petitioner was appointed in 1977, while the 2nd petitioner was appointed in 1979. They were appointed in the cadre of Deputy Registrars of Co-operative Societies, subsequently they were promoted to higher posts from time, to time. At the relevant time, the 1st petitioner was holding the post of Additional Registrar, while the 2nd petitioner was holding Joint Registrar of Co-operative Societies.3. It is the case of the petitioner that they are maintaining excellent record of service through out a...
Chairman and Managing Director, Rural Electrification Corporation Limi ...
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: 2003(6)ALD877; 2003(6)ALT648
P.S. Narayana, J. 1. G Jawaharlal-respondent in W.A. No. 1268/2003, is the writ petitioner in W.P. No. 14828/2003. Rural Electrification Corporation Limited, represented by its Chairman and Managing Director - 1st appellant in the Writ Appeal, is the respondent in the writ petition. In view of the commonness of the questions involved in the writ appeal and the writ petition aforesaid, both are being disposed of by this Common Order.2. The respondents in W.P. No. 17137/ 99, aggrieved by the order of the learned Single Judge dated 26-2-2003 had preferred the Writ Appeal. The respondent in the Writ Appeal filed W.P. No. 14828/2003 praying for a writ of mandamus directing the Corporation to restore the increments due for the years 1999-2000 and fix the scale to the next higher grade as Special Grade post and consider the case for promotion to the post of Deputy Chief (Economics) and consequently direct the respondent to pay all the benefits accrued as a sequel to the outcome of W.P. No. 17...
M. Venkata Rao Vs. Union of India (Uoi) and anr.
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: 2004(1)ALD328
ORDERV.V.S. Rao, J.1. The petitioner is a railway contractor. According to him second respondent awarded contract for construction of retaining wall in place of damaged and leaning retaining wall between Makudi and Sirpur Town (Down Line) on 8.12.1995. Whatever be the reason the petitioner could not complete the work within stipulated time and railways authorities did not grant any extension. The petitioner again sent a communication on 10.5.2001 as well as on 15.6.2001 requesting the second respondent to make urgent arrangement for completion of work in vain. Therefore, he requested the second respondent to finalise the contract and release final amounts including security deposit and earnest money deposit. As he did not give a favourable reply, petitioner addressed second respondent on 11.12.2001 to refer the matter to arbitration. As there is no response, petitioner initially filed application under subsection (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for shor...
General Manager, Prakasham District Co-op. Milk Producers Union Ltd. V ...
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: III(2004)ACC664; 2005ACJ2038; 2004(4)ALD44
Dubagunta Subrahmanyam, J.1. This appeal is filed against the Award dated 1-6-2001 in W.C. Case No. 13 of 1999 on the file of Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Ongole.2. It is not now in dispute that the deceased P. Srinivasarao was a worker in the establishment of the appellant as on 8-1-1998. According to the respondents, the said Srinivasarao was proceeding from his residence to the factory of the appellant to attend evening shift duty. Outside the premises of the appellant- factory, there is a trade union office belonging to some workers of the appellant. The deceased Srinivasarao reached the said union office. There was a flag post outside the premises of trade union office. Some persons were attending the work of removal of the flag post. The deceased joined them and was assisting them. While he was holding the flag post, the pole had come into contact with live electric wire. The deceased sustained injuries. He was removed to the hospi...
Syed Khundmir Vs. A.P. Housing Board and anr.
Court: Andhra Pradesh
Decided on: Sep-24-2003
Reported in: 2003(6)ALT462
ORDERB.S.A. Swamy, J.1. This L.P.A was filed against the judgment and decree passed by the learned Single Judge in C.C.C.A.No. 147 of 1987, dated 4-12-2001 confirming the judgment of the trial court in O.S.No. 400 of 1983, dated 30-7-1987 dismissing the suit filed by the plaintiff-appellant herein seeking for a declaration that he is the owner of the suit schedule property and accordingly sought for a consequential injunction restraining the 1st defendant-1st respondent AP Hosing Board from interfering with his possession.2. Both the Courts below concurrently held that the plaintiff-appellant miserably failed to establish his title to the suit schedule property and accordingly dismissed the suit. Hence, the present L.P.A.3. Initially, Mr.Vilas V. Afzulpurkar appearing for the appellant strenuously contented that the suit schedule property is separated by a road from the land acquired for construction of houses by the A.P. Housing Board without proper identification of the lands with re...
Reliable Power Systems Private Limited Vs. Government of India and ors ...
Court: Andhra Pradesh
Decided on: Sep-23-2003
Reported in: 2003(5)ALD690; 2003(6)ALT49
B. Sudershan Reddy, J. 1. This writ appeal is directed against the order passed by the learned Single Judge dated 13.2.2002 made in W.P. No. 23039 of 2000 whereunder the learned Judge dismissed the writ petition on the ground that this Court lacks territorial jurisdiction to entertain the writ petition filed by the appellant.2. We shall notice a few relevant facts leading to the filing of this writ appeal.3. The Chief General Manager, Telecom Stores, Kolkata, State of West Bengal, issued Notice Inviting Tenders (NIT) dated 19.5.1997, for and on behalf of the President of India inviting sealed tenders for supply of stores namely SCR THYRISTOR CONTROLLED POWER PLANT TYPE 1 (A); 3000 NOS. 50V/25A (SINGLE PHASE AC INPUT) (WITH SPARES).4. The appellant is running a small scale industry engaged in the business of design and manufacture of power plants (kind of UPS) for exclusive use by the Department of Telecom. The appellant in response to the notice inviting tenders submitted his tender an...
State of A.P. Vs. Mandalupu Ramaiah
Court: Andhra Pradesh
Decided on: Sep-23-2003
Reported in: 2003(6)ALD190
B.S.A. Swamy, J. 1. This Court in exercise of suo motu powers by Order dated 23.9.2003 framed five points for consideration and directed the contemnor to show-cause whether the acts and omissions committed by him as noticed by the Court amounts to Criminal Contempt or not as envisaged in Section 2(c)(II) of the Contempt of Courts Act. If so, why he should not be punished under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India. The points framed are as follows: 1. That the Appellant filed a copy of the Order in the Court said to have been issued by the Government on 11.10.2002, which is found to be a fabricated document and, in fact, the Court expressed in so many words to him that if he can unravel the truth, the Court may take a lenient view against him. But he never disclosed how he could get that order into his hands and how KUDA could act upon the said fabricated letter. 2. Having filed a suit against the Society, how the appellant could a...
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