Andhra Pradesh Court February 2005 Judgments
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M. Abdul Lateef Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Feb-28-2005
Reported in: 2005(2)ALD752; 2005(2)ALT762
G. Bikshapathy, J. 1. The writ petition is filed challenging the Order passed by the Andhra Pradesh Administrative Tribunal in O.A. No. 5746 of 2002, dated 22.4.2003.2. Petitioner is the applicant before the Tribunal. He joined the service as Cooperative Sub-Registrar in 1995. While so, at the relevant time namely 1999, he was working as Sales Officer in Guntur Cooperative Central Bank. According to the duties attached to his post, he has to collect over due loans from the borrowers. One Mr. Gudibandla Vema Reddy and his mother Samrajyamma are members of Primary Agricultural Cooperative Society, Gorantta. They have taken a loan of Rs. 67,100/- and Rs. 62,400/- from the financing Bank viz. Guntur Cooperative Central Bank for purchase of a tractor in the year 1994. It is stated that the said borrowers have been paying the instalments for sometime according to the terms and conditions of the sanction of the loan, but they committed default in payment of the instalments during 1998. Theref...
Bonthu Veera Reddy Vs. Kolli Venkateswara Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2005
Reported in: 2005(2)ALD894
ORDERS. Ananda Reddy, J.1. This revision is filed by the second judgment-debtor aggrieved by the order passed by the III Additional Junior Civil Judge, Vijayawada, in P.P. No. 232 of 2002 in OS No. 608 of 1987 dated 24-9-2002 under which the petitioner was directed to remove the constructions at his own cost.2. According to the petitioner, the Respondents 1 to 4 filed a suit both for Mandatory Injunction as well as for Permanent Injunction with reference to the constructions across the passage between D, D1 and C, C1. The said suit, after full trial, was decreed in favour of the respondents-decree holders granting both mandatory injunction as well as permanent injunction. While granting decree, the judgment-debtors were given three months time to remove the constructions. The decree-holders filed the execution petition seeking to order the removal of constructions across the passage between D, D1 and C, C1. The said petition was contested by the respondents stating that the mandatory i...
Management of Bharat Heavy Electricals Ltd. Vs. Labour Court-ii and an ...
Court: Andhra Pradesh
Decided on: Feb-25-2005
Reported in: 2005(3)ALD383; (2005)IILLJ957AP
ORDERC.V. Ramulu, J.1. This writ petition is filed by the Management aggrieved by the Award dated 3-7-1995 in ID No. 256 of 1992 on the file of the Labour Court-II, Hyderabad, wherein the 2nd respondent workman was directed to be reinstated with continuity of service and attendant benefits, but without any back wages.2. It is the case of the petitioner-management that it is a public sector undertaking and the 2nd respondent was working as a Security Guard to ensure the safety and security of the property as well as the personnel of the company. While so, on the night of 29-7-1981, the 2nd respondent along with M. Sharanappa and G. Babaiah, senior Security Guards boarded the third shift incoming bus (Route No. 2) at the main check post around 10.00 p.m., and alighted at 'J' gate of the factory. At that time, one PGV Naidu, Foreman also alighted from the bus along with his wife Smt. P.V. Shanta Kumari. While PGV Naidu had gone towards cycle shed, the 2nd respondent assaulted his wife Smt...
Apsrtc, Rep. by Its General Manager Now Re-designated as Managing Dire ...
Court: Andhra Pradesh
Decided on: Feb-25-2005
Reported in: 2005(3)ALT449
V.V.S. Rao, J 1. The Andhra Pradesh State Road Transport Corporation is appellant. By an order dated 31-3-1999 in O.P.No. 361 of 1996, the Motor Accidents Claims Tribunal-cum-Additional District Judge, Medak awarded a sum of Rs.50,000/- to legal heirs of Anja Goud who died in the accident on 19-1-1996 when allegedly the driver of R.T.C. Bus bearing No. AP 9Z 3465 drove it in a rash and negligent manner and dashed against lorry bearing No. AAE 7475 in which Anja Goud was travelling. The claimants in the O.P. or A.P.S.R.T.C. did not lead any evidence. Therefore, the learned Tribunal having regard to Exs.A-1 to A-3 which are the certified copies of F.I.R., Charge-sheet and Inquest report respectively awarded a sum of Rs.50,000/- under no fault liability.2. Learned Counsel for the appellant, Ms. Kalyani, submits that in the absence of the owner and driver of the lorry, the O.P. filed by the claimants suffers from incurable defect and the learned Tribunal ought to have dismissed the O.P. Fu...
Md. Nazeer Ahmed and anr. Vs. Economic Transport Organisation
Court: Andhra Pradesh
Decided on: Feb-25-2005
Reported in: 2005(3)ALD527
ORDERV.V.S. Rao, J.1. The Defendants 1 and 2 in O.S. No. 131 of 1979 on the file of the Court of Subordinate Judge (Senior Civil Judge), Vijayawada are in appeal before this Court. By impugned judgment the Trial Court decreed the suit of the sole respondent-plaintiff directing the appellants herein to pay a sum of Rs. 24,768,98 ps with subsequent interest on Rs. 23,168.75 ps at 12% per annum from 25-4-1979 and costs of Rs. 3,170.50 ps A Full Bench of five learned Judges of this Court in Vallabhamni Lakshmana Swamy v. Valluru Basavaiah : 2004(5)ALD807 (LB)), considered the question as to whether A.P. Civil Courts (Amendment) Act, 30 of 1989 is retrospective or prospective in operation. Be it noted that by the said amendment, the pecuniary jurisdiction to entertain the appeal, inter alia, the District Courts/Chief Judge, City Civil Court, Hyderabad, was raised from Rs. 30,000/- to Rs. 1,00,000/- and by a further amendment, the pecuniary limits to entertain appeal was raised to Rs. 3,00,0...
Sri Susheela Cotton Corporation and ors. Vs. Government of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(2)ALD430; 2005(2)ALT291
B. Sudershan Reddy, J.1. The petitioners in this writ petition invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and accordingly pray for issuance of a writ of mandamus declaring the action of the respondents in not disbursing the amounts which were due and payable to them and not extending the benefit of G.O. Rt. No. 412, Industries and Commerce (Tax) Department, dated 14-7-2003 as illegal. The petitioners also pray to declare Section 12-A(9) of the Andhra Pradesh Cooperative Societies Act, 1964 as amended by Act 16 of 2003 as unconstitutional. They accordingly pray for issuance of a consequential direction to the respondents to disburse the amounts which were deposited in the scheduled bank pursuant to the directions of this Court issued in WP No. 19867 of 2000 dated 8-5-2001.Factual Matrix:2. In order to consider as to whether the petitioners are entitled for grant of any relief, a few relevant facts leading to filing of this writ pet...
Vedantam Srinivasa Chary Vs. Assistant Commissioner, Endowments Dept., ...
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(2)ALD581; 2005(3)ALT43
ORDERP.S. Narayana, J.1. The principal controversy revolves around the Occupancy Rights (Patta) certificate (for brevity 'certificate') granted by the Competent Authority viz., 3rd respondent-Sub-Collector, Bhongir, Nalgonda District in W.P.No. 16848 of 1999 under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for brevity 'the Act of 1955') to the petitioner viz., Vedantam Srinivasa Chary and Sri Chennakeshava Swamy Temple (for brevity 'temple'), Aroor Village, in relation to the lands, the subject-matter of these writ petitions, which were granted to the respective parties without affording any opportunity to the other party. Though virtually these are rival claims for issuance of certificates under the Act of 1955, relating to the self same property, the quasi-judicial authority-cum-Sub-Collector, Bhongir, decided these matters and issued certificates in favour of both the petitioners in Proceedings No. F/2419/92, dated 22-4-1993 and also the temple in Proceedings ...
Madhu Wines and ors. Vs. Special Chief Secretary, Revenue (Excise-ii) ...
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(2)ALD762; 2005(3)ALT137
L. Narasimha Reddy, J.1. In this batch of writ petitions, some of the existing licensees of IL-24 wine shops in the State of Andhra Pradesh, challenge the validity of the amendment to Rule 26-A of the A.P. Indian Liquor and Foreign Liquor Rules, 1970 (for short 'the Rules') through G.O. Ms. No. 991, Revenue (Excise-II) Department, dated 4.12.2004, and the excise policy of the Government, enunciated in G.O. Ms. No. 184, dated 7.2.2005, in relation to IL-24 shops, for the excise year 2005-06. In some of the writ petitions, the validity of G.O. Ms. No. 206, dated 10.2.2005, which brought about further amendments to the Rules, is challenged.The background:2. The manufacture, sale, transport and storage of intoxicants in the State of A.P. is governed by the provisions of A.P. Excise Act (for short 'the Act') and the Rules made thereunder. Apart from various regulatory measures, the Act provides for grant of different kinds of licences, in such matters. The Rules prescribe the procedure for ...
Podugu Madusudhan Vs. Konduri Krishnaiah and ors.
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(2)ALD747; 2005(3)ALT17
L. Narasimha Reddy, J.1. The 1st respondent filed O.S. No. 12 of 2000, in the Court of Senior Civil Judge, Nagarkurnool, for the relief of declaration of title and perpetual injunction, in respect of the suit schedule property. He also filed I.A.Nos. 117 and 3246 of 2000, for grant of temporary injunction, against two sets of respondents. Two more applications, being I.A.Nos. 368 of 2000 and 301 of 2001, are filed, for the relief of restitution of the suit schedule property to its original position. The enquiry into all the four applications is said to be still pending.2. In respect of a portion of the suit schedule property, the petitioner, who is the Defendant No,3 in the suit, obtained permission from the Gram Panchayat, the 2nd respondent herein (Defendant No. 4 in the suit), to construct a building. The 1st respondent filed I.A. No. 196 of 2004, with a prayer to stay the proceedings, in which the permission was accorded to the petitioner, by the 2nd respondent. The application was...
Government of Andhra Pradesh, General Administration Dept. and ors. Vs ...
Court: Andhra Pradesh
Decided on: Feb-24-2005
Reported in: 2005(3)ALT548
G. Bikshapathi, J. 1. All the Writ Petitions can be disposed of by a common order, as they arises out of the recruitment to the posts of Sub-Inspector of Police for the year 1998.2. The Writ Petition No. 34306 of 1998 was filed assailing the order passed by the A.P. Administrative Tribunal, in O.A.No. 2172 of 1998 and batch, dated 24-9-1998. Subsequently, some more O.As were filed seeking relief under the Presidential Order and also basing on the order passed in O.A.No. 2172 of 1998 and batch and the Tribunal granted interim directions from time to time. Finally O.As were also disposed of, without recording any finding on the merit of the case, on the ground that the applicants were appointed to the post, and as such no further orders were necessary. Aggrieved by those orders, the Government carried the matter in the present Writ Petitions. Therefore, it is found appropriate to dispose of the connected matters at a time, so as to put a quietus to the lis.3. Before we go to other Writ P...
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