Andhra Pradesh Court December 2005 Judgments
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K. Narasimha Reddy and anr. Vs. G. Sudhakara Chary
Court: Andhra Pradesh
Decided on: Dec-14-2005
Reported in: 2006(1)ALD812; 2006(1)ALT862
ORDERL. Narasimha Reddy, J.1. Defendants in O.S.No. 421 of 2004 on the file of the learned Principal Junior Civil Judge at Sangareddy, are the petitioners herein. The respondent herein filed the suit for the relief of perpetual injunction, restraining the petitioners from interfering with the functioning of the factory in the suit schedule premises. It was alleged that the 2nd petitioner was taken as a dormant partner in the partnership firm, by name M/s. Kiran Mayee Engineering Work Limited. The respondent pleaded that the 2nd petitioner retired from partnership, by executing a deed of dissolution, dated 27-2-2003, and thereafter, she was paid certain amounts towards her share. The firm is said to have since been reconstituted, by taking one Mr. G. Satyam as partner.2. The respondent filed I.A.No. 924 of 2004 under Order 39 Rules 1 and 2 of C.P.C, seeking the relief of temporary injunction. The application was resisted by the petitioners'. The trial Court allowed the I.A. through its ...
Dr. Gopal Chevuru Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Dec-14-2005
Reported in: 2006(2)ALD86
ORDERL. Narasimha Reddy, J. 1. The petitioner completed his Post Graduation in M.D.(General Medicinfrom the Nizam Institute of Medical Sciences in December 2003. The NTR University of Health Sciences, second respondent herein, for short 'the University', conducts Super Speciality Courses in several subjects. Admission to such courses is processed, by conducting an entrance examination. The petitioner intended to get admission into a Super Speciality Course, viz. D.M. (Neurology).2. According to the prospectus issued by the University, there is one seat in D.M. (Neurology), in Osmania Medical College, Hyderabad, and one seat in Andhra Medical College, Visakhapatnam. The seat in Osmania Medical College is treated as State-wide course, whereas the one in Andhra Medical College is treated as Non-State-wide, for the purpose of the Presidential Order, issued under Article 371D of the Constitution of India. The petitioner appeared in the entrance examination conducted on 29-5-2005, and secure...
E.V. Sadasiva Reddy Vs. Chief General Manager (Telecom A.P. Circle) an ...
Court: Andhra Pradesh
Decided on: Dec-14-2005
Reported in: 2006(3)ALD708
ORDERV. Eswaraiah, J.1. Petitioner seeks a writ of mandamus to declare the action of the respondents in disconnecting his telephone bearing No. 225730 of Kurnool exchange is illegal and arbitrary.2. Learned Counsel for the petitioner submits that the petitioner is a subscriber of telephone connection bearing No. 225730 installed on 9.3.2003 at his residence bearing No. 40-326/3, Park Road, BPR Complex, Kurnool and the same was disconnected with effect from 16.2.2005 without giving any notice to him on the ground that his wife, who was subscriber in respect of LPT No. 48201, defaulted an amount of Rs. 4,128/- in respect of the said local public telephone. The learned Counsel further submits that the wife of the petitioner was sanctioned a Local Public Telephone No. KNL - 48201 on 23.8.1999 and the same was installed at the premised bearing No. 27-47, Chinna Market Area, Kurnool Town. As the said public call office was not running properly petitioner's wife made an application to shift t...
Koya Narasimha Swamy Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2005
Reported in: AIR2006AP108; 2006(1)ALD285
ORDERV.V.S. Rao, J.1. The first respondent issued notification on 27.12.2004 inviting tenders/bids and participation in the auction to lease out right to quarry sand for Kothapet reach in Krishna river. The auction was conducted on 17.1.2005. The petitioner became the highest bidder by quoting a sum of Rs. 22,00,000/- and paid a sum of Rs. 5,55,000/- being 25% of bid amount. The tender conditions require the successful bidder to deposit balance of the bid amount within five days after the issue of confirmation order. The petitioner alleges that he made all arrangements for discharging the said obligation. He was laid up due to ill health from 5.2.2005 to 2.3.2005 but did not receive any confirmation order from the first respondent. He states that when he went to the office of the second respondent, he was informed that the confirmation order was sent by post. He did not receive the same but he voluntarily approached the second respondent and submitted a demand draft for an amount of Rs...
Ambati Srinivasulu Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2005
Reported in: 2006(1)ALD229
G.S. Singhvi, C.J.1. Rules of natural justice are multi faceted and multi dimensional. Different facets of these rules have been applied by the Courts in India to invalidate administrative as well as judicial, quasi-judicial actions and orders. One of the facets of the rules of natural justice is that all judicial, quasi-judicial and even administrative authorities who are entrusted with the task of deciding lis between the parties or passing order which affects the rights, interest or status of a person must record reasons in support of their findings and conclusions and such reasons should be communicated to the person concerned. The requirement of recording reasons by judicial, quasi-judicial and even administrative authorities and communication thereof to the affected persons has been highlighted and reiterated in various judgments of the Supreme Court including the often referred decisions in Harinagar Sugar Mills v. Shyam Sundar : [1962]2SCR339 , M.P. Industries Limited v. Union ...
D. Raja Ram Vs. Divisional Electrical Engineer and anr.
Court: Andhra Pradesh
Decided on: Dec-13-2005
Reported in: 2006(1)ALD349
ORDERL. Narasimha Reddy, J.1. The petitioner is working as Assistant Lineman, in the Andhra Pradesh Central Power Distribution Company Limited. The first respondent issued a memo, dated 1.8.2003, pointing out two alleged irregularities, on the basis of the information received from the second respondent, vide his memo dated 24.7.2003. It was alleged that the billing for two service connections, within the jurisdiction of the petitioner, was being done, without there being a meter and that the service meter was not fixed to one consumer, even after he handed over a Demand Draft of Rs. 520/-. The petitioner submitted his explanation on 18.8.2003. On a consideration of the same, the first respondent imposed the punishment of postponing of two annual increments, without cumulative effect, against the petitioner, through the memo dated 6.9.2003. Aggrieved thereby, the petitioner preferred an appeal before the second respondent. The appeal was rejected on 20.12.2004. The said orders are chal...
Manda Ram Reddy Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2005
Reported in: 2006(1)ALD441; 2006(2)ALT371
ORDERV.V.S. Rao, J.1. The petitioner filed a declaration under Section 6 of the Urban Land (Ceiling and Regulations) Act, 1976 (for short 'the Act'). He filed an appeal under Section 33 of the Act, aggrieved by the final order/final statement under Section 8(4) of the Act determining the surplus vacant land. He also filed applications for stay of operation of the proceedings of the Special Officer. By impugned order, dated 7.12.2005, the second respondent rejected the request for stay without giving any reasons. This order is assailed in the writ petition. This Court heard learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue (Urban Land Ceiling).2. It is well settled that ordinarily the appellate authority must exercise sound discretion while passing orders in the applications for stay of operation of the impugned order of the lower authority. There can be umpteen situations where the remedy of appeal itself would be rendered futile and useless if...
K. Simhadri Vs. Regional Manager, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Dec-13-2005
Reported in: 2006(1)ALD683; [2006(108)FLR1180]
ORDERL. Narasimha Reddy, J.1. The petitioner is a displaced employee, on account of a nationalisation of a Bus service. The other employees, who were engaged by the owner of the bus, were taken into service, with effect from 18-2-1987. However, the case of the petitioner was not considered, on certain grounds. Thereupon, the petitioner filed W.P. No. 1981 of 1987, which was disposed of on 21-4-1988, with a direction to the respondents to consider the case of the petitioner also. In compliance with the same, the respondents appointed the petitioner as Conductor on 16-2-1989.2. Petitioner filed W.P. No. 16141 of 1994, claiming the relief of seniority with effect from 18-2-1987. The writ petition was allowed and the respondents were directed to fix the seniority in the post of Conductor with effect from 18-2-1987.3. An application, under Section 33-C(2) of the Industrial Disputes Act (for short 'the Act') was filed by the petitioner before the Labour Court, Guntur, as Miscellaneous Petiti...
A. Nalini Kumari Vs. Director of Collegiate Education, Government of A ...
Court: Andhra Pradesh
Decided on: Dec-13-2005
Reported in: 2006(3)ALD620
ORDERL. Narasimha Reddy, J. 1. The petitioner was appointed as Lecturer in Public Administration and Politics, in VMC Manila Vidyapeeth Degree College for Women, the second respondent herein, ever since its inception. The college is admitted to grant-in-aid. The petitioner pleads that she has been working as In-charge Principal, from 10-1-1997 onwards.2. The management of the college submitted proposals to the first respondent, seeking permission to fill the post of Principal, on regular basis. The permission was accorded, and a Selection Committee was constituted, in terms of G.O. Ms. No. 127, dated 7-6-1993. The petitioner and two other Lecturers, by name B. Sujanamathi and N. Gayatri Devi, were considered by the Selection Committee, and the petitioner was selected.3. The second respondent appointed the petitioner as Principal and submitted proposals on 18-5-1998 to the first respondent, for according approval. At about that time, the Commissioner considered the representation of Smt...
E.C.E. Industries Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2005
Reported in: 2006(1)ALD341
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by ECE Industries (formerly known as Electric Construction and Equipment Company Limited) represented by its GPA holder Mr. S.C. Agarwal with a prayer to issue a writ of mandamus declaring the action of respondents in proposing to acquire the lands, buildings, godowns etc., to an extent of Ac.23.18 cents comprising Sy.Nos. 57-3&4, 58-1, 59-1,2 & 3 and 66-1A, 1B, 2, 3 & 4 of Marripalem village, S.Nos. 1/3, 41-1, 2 & 4 and 42-4 of Kapparada village, Visakhapatnam for expansion of Visakhapatnam Industrial Estate.2. The case of the petitioner-company, in brief, is:The petitioner is a company registered under the Companies Act. It deals in manufacture and distribution of transformers and motors. The said products are manufactured in the units set up by the petitioner-company at various places in the country. The petitioner-company has one such unit at Visakhapatnam for the purpose of manufacturing the above said products. The...
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