Andhra Pradesh Court September 2003 Judgments

Supdt. of Post Offices Vs. V. Venkatswamy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful opposite parties in C.D. No. 35/97 on the file of District Consumer Forum, Warangal, are the appellants before this Commission. 2. The facts in brief are the complainant obtained a cheque for Rs. 3,000/- from the principal District Munsif, Warangal in E.P. No. 164/93 towards the decretal amount payable to him in that E.P. drawn on the S.B.H. Branch, Hanamkonda. The complainant deposited the cheque but the amount was not realised. Inquiries made by the complainant with opposite party No. 3 i.e., Indian Overseas Bank revealed that as the amount under the cheque could not be realised the cheque was returned to him under R.P.A.D. on 25.3.1995. The complainant has not received the cheque. The complainant addressed a letter to opposite parties 1 and 2 but he has not received any reply. Then he issued a registered notice. On account of the negligence on the part of opposite parties 1 and 2, he was put to loss. Thereupon, he approached the District Foru...

Budha View Apartments Owners Society Vs. Mansions Today

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant is a registered society formed for the welfare of its members who are the owners of Budha View Apartments. The first opposite party, hereinafter called the builder entered into an agreement with the second opposite party, the owner on 11.9.1993 to develop the property belonging to the latter. As per the terms of the agreement 65 per cent of the build-up area should be allotted to the builder while 35 per cent to the owner. The builder in all constructed 40 residential flats out of which 14 have fallen to the share of the owner while the remaining 26 to the builder. The first opposite party entered into agreements of sale in respect of his 26 flats, received consideration and put the prospective purchasers in possession of their respective flats though they were incomplete. The second opposite party also executed sale deeds in favour of prospective purchasers except in 9 cases who are members of the society since some of the flat owner...

Mangapathi Towers Flat Owners Association Vs. Lakshman Das

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant is a flat owners Association. Its members entered into agreements with the opposite party builder for purchase of flats during the year 1997-98 as per the brochure issued by him. Accordingly the total plinth area of each flat would be either 950 sq. ft. or 900 sq. ft. But contrary to the said promise he constructed them with a shortage of 25 sq. ft. in each flat. He also collected a sum of Rs. 25,000/- for car parking. However, the opposite party could not complete the construction work as promised but delivered possession on different dates to the members of the complainant Association commencing from April, 1998 to December, 1998. Even then facilities like drinking water, lift, car parking, etc., are not provided, but they were provided subsequently. A generator was promised collecting a sum of Rs. 1 lakh but the same was not installed. There are severe leakage of water pipes and drainage pipes causing damage to the building. The op...

Yasoraaz Chit Funds (P.) Ltd. Vs. V. Saraswathi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.P. Suresh, Member: 1. The unsuccessful opposite party who remained absent in C.D. No. 159/96 on the file of District Consumer Forum, Ranga Reddy, is the appellant before this Commission. 2. The case of the complainant is that the complainant joined as a member of the chit series YSP1Z floated by the opposite party for a sum of Rs. 1,00,000/-. The amount is to be paid at the rate of Rs. 2,500/- per month in forty (40) months. The chit has commenced in February, 1995. The complainant paid 17 instalments and in the auction held on 24.3.1996, she was declared as the highest bidder for an amount of Rs. 35,000/-. After deducting the bid amount of Rs. 35,000/- the opposite party is bound to pay the prize amount of Rs. 65,000/- for which the complainant has furnished adequate sureties. The opposite party has issued a cheque dated 10.5.1996 for Rs. 33,140/- only drawn on A.P. Mahesh Co-operative Urban Bank Ltd. and when she presented the cheque through her banker, the cheque was bounced for w...

V. Narasamma Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALD701; 2003(2)ALT(Cri)467

Bilal Nazki, J 1. This writ petition has been filed by one V. Narasamma w/o Mallaiah Yadav challenging the detention of her son V. Srisailam @ Chinna Srisailam Yadav (hereinafter referred as 'the detenu'). It is submitted that, on 15-7-2003 an order of detention has been passed by Commissioner of Police, Hyderabad which was served upon the detenu and he was detained in Central Prison, Chenchalguda, Hyderabad. The grounds of detention were also served on the detenu on 19-7-2003. The order of detention has been challenged on the ground that the order of detention was not in accordance with the provisions of Section 3(1) of the A.P. Prevention of dangerous activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred as 'the Act'). It is also stated that two of the grounds of detention do not involve public order which was an essential ingredient to detain a person under the detention law. It is further contended t...

Konkana Ravinder Goud and ors. Vs. Bhavanarishi Co-operative House Bui ...

Court: Andhra Pradesh

Reported in: 2003(5)ALD654; 2003(6)ALT1

Devinder Gupta, C.J. 1. These writ appeals are being disposed of by a common order since they are directed against the order of the learned Single Judge in Writ Petition No. 8558 of 2001 dated 16.7.2002 setting aside the order dated 5.3.2001 passed by the Joint Collector, R.R. District, Hyderabad purported to be in exercise of his revisional powers under Section 9 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. By this order, the Joint Collector quashed the order of the Mandal Revenue Officer, Keesara Mandal, Rangareddy District dated 18.12.1991 in respect of lands bearing S.Nos. 159 (1-33), 162 (14-12), 163 (1-29), 164(6-36), 165(11-34) and 166(4-30) in File No. ROR/1795/91 and S.Nos. 161(14-18), 167(10-18) and 168 (14-34) in file No. ROR/1807/91 situated at Kapra Village. The Mandal Revenue Officer was directed to restore the entries in the revenue records in respect of the said lands and to take further necessary action for updating the entries as per the law in ...

Haryana Conductors Private Limited Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALD709; 2004(1)ALT153; [2004]51SCL164(AP)

ORDERL. Narasimha Reddy, J.1. The petitioner is a Small Scale Industry registered in the State of Haryana. Its activity includes manufacture of various categories of Conductors. In response to a tender notice issued by the then A.P. TRANSCO, the 3rd respondent herein, it submitted a tender for supply of Sebra ACSR category of Conductors on 24.6.1998. The petitioner's tender is said to have been accepted and that purchase order dated 25.1.1999 is also said to have been issued.2. The petitioner claims that though it had supplied the agreed quantity of conductors in accordance with the terms of agreement, payments were not made to it as per the schedule. The petitioner claims that it is entitled for the benefit of payment of interest on delayed payment of the contractual amount in terms of the Interest On Delayed Payments To Small Scale and Ancillary Industrial Undertakings Act, 1993, hereinafter referred to as the Act.3. The petitioner submitted its claim in terms of the said Act on 17.4...

Konda Bhagyalaxmi Vs. District Collector (Pr) and ors.

Court: Andhra Pradesh

Reported in: 2003(6)ALD63

ORDERV.V.S. Rao, J.1. This writ petition raises an interesting question-whether the Mandal President can take preemptive action prohibiting the other members of the Mandal Parishad from moving a no confidence motion against her.2. Section 245 of the A.P. Panchayat Raj Act, 1994 ('the Act' for brevity) deals with motion of no confidence in Upa-Sarpanch, President or Chairman. The same reads as under:Motion of No Confidence in Upa-Sarpanch, President or Chairman :--(1) A motion expressing want of confidence in the Upa-Sarpanch or President or Vice-President or Chairman or Vice-Chairman may be made by giving a written notice of intention to move the motion in such form and to such authority as may be prescribed, signed by not less than one-half of the total number of members of the Gram Panchayat, Mandal Parishad, or as the case may be the Zilla Parishad and further action on such notice, shall be taken in accordance with the procedure prescribed:Provided that no notice of motion under th...

D. Nagaiah Vs. District Collector and Chairman, District Selection Com ...

Court: Andhra Pradesh

Reported in: 2003(6)ALD473; 2003(6)ALT55

Bilal Nazki, J. 1. This is a writ petition filed by the applicant before the A.P. Administrative Tribunal seeking a declaration that the action of the respondents in not filling up of all the posts of Multipurpose Health Workers (Male) in the scheduled caste category was illegal, violative of constitutional provisions and contrary to G.O. Rt. No. 387, HM&FW; (J2) Department, dated 18-5-1999 and Rule 22 of the A.P. State and Subordinate Service Rules. He also seeks quashing of the order passed by the Tribunal in O.A. No. 7425 of 1999, dated 21-12-2000. He also seeks a direction against the respondents to appoint him as Multipurpose Health Worker (Male) against the notified vacancies following roster points. 2. The petitioner had filed an O.A. being O.A. No. 7425 of 1999 before the Tribunal. He did not succeed, therefore this writ petition. The petitioner's case can be summed up in the following terms: 3. That the petitioner was a graduate in Arts and obtained a Diploma in Sanitary Cours...

Satyamsetti Somaraju Vs. Ramisetti Naidu and anr.

Court: Andhra Pradesh

Reported in: AIR2004AP87; 2004(1)ALD318; 2004(1)ALT156; III(2004)BC117

Dubagunta Subrahmanyam, J.1. This appeal is filed against judgment dated 21.3.1994 in A.S. No. 19 of 1993 on the file of Subordinate Judge, Peddapuram, confirming the order and decree dated 6.8.1993 in E.A. No. 104 of 1990 in E.P, No. 147 of 1989 in O.S. No. 52 of 1985 on the file of District Munsif, Prathipadu. The claimant is the appellant.2. Necessary facts for the disposal of this appeal are as follows:First respondent - decree holder obtained a money decree against second respondent -judgment debtor. During the pendency of suit, the decree holder attached before judgment some property said to be belonging to defendant-judgment debtor. The attachment was effected on 5.5.1985. Thereupon during the pendency of the suit itself the appellant filed T.A.No.322 of 1985 under Order 38 Rule 8 C.P.C., seeking raising of attachment on the ground that the appellant is the owner of the said property, he purchased the said property under a regular registered sale deed dated 21.2.1985 and the sec...