Andhra Pradesh Court November 2004 Judgments
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G. Dinesh Kumar and ors. Vs. Vice Chancellor, J.N.T.U. and anr.
Court: Andhra Pradesh
Decided on: Nov-30-2004
Reported in: 2005(1)ALD752; 2005(1)ALT310
ORDERV.V.S. Rao, J.1. The petitioners in both these writ petitions are students of four-year B.Tech., course in Aurora Engineering College, Bhongir, Nalgonda District, the second respondent herein. They allege that they have been regularly attending the classes during the academic year 2002-03 including the guest lectures and seminars conducted by the college. Though they were promised by the management of second respondent that attendance at guest lectures and seminars would also be reckoned for the purpose of calculating attendance as per B.Tech., course regulations, they were not given the benefit. Further, during the annual day function, the students were given five days preparation time but the same was not counted for the purpose of attendance and as and when the students did not adhere to dress code, absent was marked, as a result of all this, on the eve of annual/semester examinations on 30-4-2004, the petitioners were not issued hall tickets on the ground that they do not have...
Dr. S. Sushma Kumari Vs. State of Andhra Pradesh, Rep. by Its Principa ...
Court: Andhra Pradesh
Decided on: Nov-30-2004
Reported in: 2005(3)ALD155; 2005(1)ALT513
ORDERV.V.S. Rao, J.Background of the case1. This common order shall dispose of both the Writ Petitions as common questions of fact and law arise for consideration. The fact of the matter as noticed hereunder is with reference to Writ Petition No. 8733 of 2004, which is not much different from the other, except the context. The N.T.R. University of Health Sciences, third respondent, (hereafter called, the University) issued a notification on 9-6-2003 inviting applications for entrance test for admission to fourteen seats of Master of Dental Surgery (MDS) in Government Dental College, Hyderabad. The entrance test was conducted on 27-7-2003 and the results were announced on 11-8-2003. First petitioner, Dr. G. Rajni Kumar belongs to Backward Class D-Group. (B.C-D). He obtained rank 8 and second petitioner Dr. S. Sushma Kumari, who belongs to B.C.-B category also appeared in the entrance test and obtained rank 23. All the persons, who were qualified in the entrance test were asked to appear...
National Institute of Dental Technology (Nidt) Vs. Dental Council and ...
Court: Andhra Pradesh
Decided on: Nov-30-2004
Reported in: AIR2005AP175; 2005(1)ALD570
ORDERV.V.S. Rao, J.1. National Institute of Dental Technology (NIDT) filed the present writ petition challenging two communications dated 14.6.2003 and 3.7.2003 sent by the second respondent herein. The first communication was addressed to NIDT, Hyderabad requesting them to obtain prior permission of Dental Council of India before starting dental technician course in the petitioner's institution. In the second communication, the second respondent requested Doctors (Dentists) to visit NIDT, enquire into the matter and submit a report within a fortnight with regard to running of dental technician course by NIDT without permission from Dental Council of India. The petitioner impugnes these two communications on the ground that the course known as 'operation of ceramic oven technology' is a course, which does not require any recognition by Respondents 1 and 2 and therefore it does not come within the purview of these two bodies.2. NIDT started an institution in Kochi in Kerala. It has its ...
Jeenu Nookaraju and ors. Vs. Chakravarthula Venkata Raghava Charyuly a ...
Court: Andhra Pradesh
Decided on: Nov-30-2004
Reported in: 2005(1)ALD745; 2005(2)ALT215
Devinder Gupta, C.J.1. This is an appeal arising out of the order dated 23rd January, 1998 passed by the learned Single Judge dismissing C.M.P. No. 11445 of 1996, filed under Order 1 Rule 10 of the Code of Civil Procedure, in A.S. No. 3326 of 1982.2. Facts, in brief, are that an agreement was entered into, between Jeenu Viswanadham (hereinafter referred to as the 'plaintiff) and the five defendants-respondents, for sale of agricultural land, on 10th April, 1974 after receiving a sum of Rs. 1,500/- as advance. Original Suit No. 137 of 1979 was filed by the said plaintiff seeking decree for specific performance of agreement of sale. It was contested by the defendants. The said suit O.S.No. 137 of 1979 was decreed with costs on 18th March, 1982 by the I Additional Subordinate Judge, Kakinada, for specific performance directing the defendants to execute a registered sale deed conveying the plaint schedule property to the plaintiff at plaintiff's expense pursuant to the agreement of sale. B...
P. Bharath Bhushan and anr. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-30-2004
Reported in: 2005(3)ALD185
ORDERV. Eswaraiah, J.1. Though the arguments are common, the entire batch of 65 cases are divided into two categories. In one batch of writ petitions, the petitioners challenge the action of the respondents in not considering the revised options submitted by them as wholly arbitrary, illegal and contrary to the terms of the tripartite agreements and violative of Articles 14, 16 and 21 of Constitution of India and to direct the respondents to consider the revised options of the petitioners and permit them to be in Andhra Pradesh Northern Power Distribution Company Limited (APNPDCL).2. Some of the writ petitions are filed to declare the action of the respondents in allotting them to different distribution companies ignoring the revised options pursuant to the press statement said to have been issued by the Additional Secretary-cum-Convener of High Level Committee published in Eenadu, Telugu Daily News Paper dated 11-7-2002 as illegal and contrary to the Tripartite agreements and violativ...
Alivelamma Vs. Revenue Divisional Officer
Court: Andhra Pradesh
Decided on: Nov-29-2004
Reported in: 2005(1)ALD19; 2004(6)ALT669
ORDERL. Narasimha Reddy, J.1. Petitioner was appointed as a Fair Price Shop Dealer, vide proceedings, dated 14.12.1997. Her authorization was suspended through proceedings, dated 30.10.2004, on certain allegations, on the basis of a report of the Mandal Revenue Officer, dated 12.10.2004. The same is challenged by the petitioner.2. Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies.3. Learned Counsel for the petitioner submits that under Clause 5(4) of the A.P. State Public Distribution System Control Order, 2001, (for short 'the Control Order') the issuance of notice is mandatory, and the present order, which was passed without issuing notice, cannot be sustained in law. He places reliance upon a judgment of this Court in B. Venkateswara Rao v. the Revenue Divisional Officer, 1997 (1) An. WR 83.4. Learned Government Pleader for Civil Supplies, on the other hand, submits that the suspension in question, was ordered as a measure, pending en...
Mrs. M.B. Jayanthi, In-charge Principal, Cbm, Junior College for Women ...
Court: Andhra Pradesh
Decided on: Nov-29-2004
Reported in: 2005(1)ALT815
ORDERG. Bikshapathy, J.1. Both the Writ Appeals arise out of the order passed by the learned single Judge in Writ Petition No. 19746 of 2003,' dated 20-7-2004.2. The matter relates to appointment to the post of Principal in C.B.M. Junior College for Women, Kakinada, East Godavari District. While Mrs. M.B. Jayanthi claims to ' be senior, equally Mrs. P. Rekha Evangeline also claims the post of Principal on the basis that she is the senior. The learned single Judge, however, taking into consideration the respective claims, disposed of the Writ Petition with the following directions:'The Writ Petition is accordingly allowed with costs payable to the petitioner by the 4th respondent. Now that the Government has already nominated the Regional Joint Director of Intermediate Education, Rajahmandry (2nd respondent) as a Government nominee to be in the Selection Committee for selection to the post of Principal of the 4th respondent-College as per Rules in force, the respondents 2 and 4 are dire...
M. Shobhan Kumar and ors. Vs. Secretary, Regional Transport Authority
Court: Andhra Pradesh
Decided on: Nov-29-2004
Reported in: 2005(2)ALD535; 2005(2)ALT80
ORDERB. Prakash Rao, J.1. Heard the learned counsel, who have appeared for petitioners in each of these Writ Petitions and also the learned Government Pleader for the Transport appearing on behalf of the respondents.2. Since common question is involved, all these matters are taken up together for disposal.3. The facts, in brief, are that the petitioners herein are the owners of the respective three wheeler auto rickshaws, some of which having been obtained under hypothecation. Thereafter, the said vehicles were registered. However, at the time of registration, a specific condition has been imposed in the very permit granted by the respondents, in column No. 6, meant for route/area for which the permit is valid, as 'To ply outside the limits of Municipal area, Warangal, Hanumakonda and Khazipet and within a radius of 60 KMs from the residence of owner excluding prohibited roads'. It is this condition which is sought to be challenged in all these Writ Petitions, inter alia, on the ground...
Siva Oil Rotary Vs. Commercial Tax Officer-ii
Court: Andhra Pradesh
Decided on: Nov-29-2004
Reported in: [2005]142STC129(AP)
ORDERB. Sudershan Reddy, J.1. We do not find any justification on the part of the respondent in not considering the request of the petitioner for issue of way-bills. The issue is pending with the respondent ever since June 10, 2004 for issue of fifty way-bills, out of which, only six have been issued. The petitioner again applied on September 20, 2004 for issue of the remaining way-bills and no decision thereon is taken by the respondent.2. This Court in Sri Kamadhenu Khadi and Village Industries Welfare Society, Kolluru v. Commercial Tax Officer, Tenali (1996) 23 APSTJ 141 held that the only condition prescribed for issue of waybills is payment of costs and payment of tax is not one of the conditions prescribed thereon. That even if any tax is due from the petitioner, denial of the way-bills is not the proper way to recover the tax.3. In the circumstances, this writ petition is disposed of directing the respondent herein to forthwith issue the way-bills as prayed for by the petitioner...
Dr. M.R. Reddy College of Education Vs. Registrar, Kakatiya University
Court: Andhra Pradesh
Decided on: Nov-29-2004
Reported in: 2005(3)ALT312
ORDERN.V. Ramana, J.1. Questioning the order passed by the respondent vide Proceedings No.279/B3/ KU/2004, dated 16-4-2004 imposing a fine of Rs. 1,00,000/-, the petitioner-College filed the present writ petition.2. The case of the petitioner-College, in brief, is that it was established in the year 1992 for imparting the course of Teacher Education and Training. It is stated that for the academic year 2003-2004 the Ed.CET Convener, Andhra University, Waltair, Visakhapatnam allotted 95 students to the petitioner-College as against total strength of 112 students and the petitioner-College was permitted to fill up the 17 students from out of management quota. Out of 95 students allotted by the Ed.CET Convener one student, namely, Sri J.L. Michael has taken away his original certificates from the petitioner-College by citing ill-health. The petitioner-College addressed letters dated 10-5-2003 and 10-6-2003 to the Ed.CET Convener, Andhra University, requesting to allot a student in the sea...
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