Andhra Pradesh Court March 2005 Judgments
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Dhunji J. Mistry Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Mar-03-2005
Reported in: 2005(3)ALD422; 2005(4)ALT59
ORDERP.S. Narayana, J.1. The writ petitioner, Dhunji J. Mistry, had invoked the jurisdiction of this Court under Article 226 of the Constitution of India praying for issuance of a writ, order or direction more particularly a writ of mandamus declaring the notification in Memo No. D3/4157/93, dated 2-7-1993, declaration in Memo No. D3/4157/93, dated 14-7-1994 and Award No. B/251/89, dated 31-1-1997 as illegal, arbitrary and unenforceable as being violative of Sections 4, 5, 11 and 11-A of Land Acquisition Act and principles of natural justice and consequently set aside the same and to pass such other suitable orders.2. Originally notification under Section 4(1) of the Land Acquisition Act, 1894, hereinafter referred to as 'Act' for the purpose of convenience, was published in A.P. Gazette, dated 17-6-1990 in Memo No. D3/4199/89 and the same had lapsed for non-taking of further steps under the Act. Subsequent thereto yet another notification under Section 4(1) of the Act in Memo No. D3/4...
Vastava Chit Funds (Private) Ltd. Vs. Madala Benarjee and ors.
Court: Andhra Pradesh
Decided on: Mar-02-2005
Reported in: 2005(3)ALD881; 2005(3)ALT405; III(2005)BC546
ORDERElipe Dharma Rao, J.1. Aggrieved of the docket order dated 8-12-1999 passed by the learned Junior Civil Judge, Vijayawada, returning the plaint to the petitioner, herein, as time barred, and to enable him to confine the suit claim in respect of the instalments due from 33rd to 30th (sic. 40th) instalments.2. Few facts that are necessary for the disposal of this revision petition are that the petitioner-plaintiff is a Company Registered under the Companies Act, 1956 and has been doing chit fund business; with its Registered Office at Sainagar, Vijayawada. The first defendant joined as member of the plaintiff company agreeing to abide by the Rules and Regulations of the Company and he was allotted Ticket No.20 in LT2BR Series, for a total chit value of Rs. 2.00 lakhs at the rate of Rs. 5,000/- per month for 40 months and signed an agreement on 12-5-1995. Under the terms and conditions, the subscribers get dividends so long as they pay the instalments regularly; and the prized subscr...
T. Krishna Murthy Vs. Engineer-in-chief, I and Cad (Admn. Wing) and or ...
Court: Andhra Pradesh
Decided on: Mar-02-2005
Reported in: 2005(4)ALD522
G. Bikshapathy, J 1. The Writ Petition No. 2626 of 2005 is filed by the Government assailing the Order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 7741 of 1996, dated 27.12.2004. W.P. No. 815 of 2005 was filed by one Mr. T. Krishna Murthy after obtaining leave of this Court challenging the order passed in the above O.A.2. Respondent in W.P. No. 2626 of 2005 is the applicant before the Tribunal. He filed O.A. No. 7741 of 1996 seeking review of the promotions made in Proceedings No. 294 M/86, dated: 27.5.1986 of the Administrator, Vamsadhara Project, Stage I, CADA, Srikakulam and to promote the applicant as Senior Assistant notionally from the date of his juniors were promoted and fixing his rank as 3rd candidate with all consequential benefits.3. Certain essential facts leading to the filing of the O.A. referred to herein. We are referring to the parties as arrayed in W.P. No. 2626 of 2005. Respondent was initially appointed as Junior Assistant during Feb...
R. Basaveswarudu and ors. Vs. Secretary, Union of India (Uoi), Ministr ...
Court: Andhra Pradesh
Decided on: Mar-02-2005
Reported in: 2005(5)ALT252
G. Bikshapathy, J.1. All the Writ Petitions can be disposed of by a common Order as common questions of law arise in these Writ Petitions.2. The Writ Petitions are filed challenging the Order passed by the Central Administrative Tribunal, Hyderabad in O.A.No. 1362 of 2002, dated 17-2-2004 and other similar O.As. Petitioners are the unofficial respondents in the O.As. filed before the Central Administrative Tribunal. The applicants before the Central Administrative Tribunal were working as Data Entry Operators Grade-B. They challenged the Recruitment Rules issued in notification dated 29-11-2002 in so far as they relate to the conditions imposed in Clause (a) and Note-1 of Clause (b) of Column No. 12 of Group 'C' of Recruitment Rules, 2002 for eligibility condition for promotion to the cadre of the Inspector of Customs and Central Excise, providing opportunities to the cadres that were existing prior to the restructure cadre and the restructure process was already effected with effect f...
Union of India (Uoi) and ors. Vs. G. Krishna
Court: Andhra Pradesh
Decided on: Mar-02-2005
Reported in: 2005(2)ALD603; 2005(2)ALT637; (2005)IILLJ768AP
G. Bikshapathy, J.1. The writ petition is filed by the South Central Railway challenging the order passed by the Central Administrative Tribunal, Hyderabad in O.A. No. 80 of 2001, dated 30.10.2003.2. The respondent was the applicant before the Tribunal. He was working as Chief Ticket Inspector (C.T.I.) at Vijayawada. While so, he was issued with a charge memo alleging that during the period 1992 to 1995, he removed 13 defective extra fare tickets (EFTs) from the stock and put them to use and issued receipts to the passengers and thereby misappropriated the amount. It was alleged that the applicant has issued EFT passenger foil No. SC/A 741081 for Rs. 268/- by Train No. 6004 on 14.6.1995 with difference of fare. Similarly, on 2.12.1995 he got issued EFT No. 230340 by Train No. 2711 for Rs. 146/- and appropriated the said amounts without remitting the said amount to the Railways thereby he failed to maintain the absolute integrity and also failed to protect the interest of the Railways a...
B. Venkat Ram Reddy Vs. K. Srinivas and ors.
Court: Andhra Pradesh
Decided on: Mar-01-2005
Reported in: 2005(2)ALD735; 2005(3)ALT674
ORDERL. Narasimha Reddy, J.1. The petitioner is the 1st defendant in O.S. No. 41 of 2003 on the file of the learned Senior Civil Judge, Wanaparthy. It was filed by Respondents 1 to 3 herein. Respondents 4, 5 and 6 are Defendants 2, 3 and 4. The suit was filed for the relief of recovery of a sum of Rs. 6,50,000/-. The petitioner filed his written statement denying the liability. The trial of the suit commenced. The evidence of the plaintiffs' side was closed. So far as the defendants are concerned, the petitioner herein deposed as D.W.1. Though Respondents 4, 5 and 6 have filed their written statement, they have not chosen to depose as witnesses. The petitioner filed IA No. 26 of 2005 under Order 16 Rule 1(3) CPC with a prayer to summon Respondents 4, 5 and 6 as witnesses. The application was resisted and ultimately through its order, dated 18-2-2005, the Trial Court dismissed the I.A. Hence, this civil revision petition.2. Sri Venu Gopal, learned Counsel for the petitioner, Submits tha...
K. Raghavendra Raju Vs. Syed Yousuf and ors.
Court: Andhra Pradesh
Decided on: Mar-01-2005
Reported in: 2005(3)ALD79; 2005(3)ALT645
ORDERA. Gopal Reddy, J.1. This revision petition is directed against the order dated 23-11-2004 passed in OS(SR) No. 8795 of 2004 on the file of Principal District Judge, Ranga Reddy District in returning the plaint filed for specific performance of agreement of sale dated 10-2-1994.2. The petitioner herein is the plaintiff and he instituted the above suit against the respondents-defendants for specific performance of agreement of sale dated 10-2-1994 entered into with Defendants 1 to 5 for the sale of agricultural land measuring Ac.0-38 guntas, in Sy.No. 110, Ac.1-14 guntas in Sy.No. 115, Ac.1-21 guntas in Sy.No. 116, and Ac.0-26 guntas in Sy.No. 118, total admeasuring Ac.4-19 guntas, situated at Hydernagar Village, Balangar Mandal, Ranga Reddy District. In the plaint it is alleged that the plaintiff was always ready and willing to perform his part of the contract and after execution of the agreement of sale and after receipt of total sale consideration of Rs. 12 lakhs on various date...
M. Krishna Reddy Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Mar-01-2005
Reported in: 2005(3)ALD297
ORDERC.Y. Somayajulu, J.1. Questioning the rejection of the application of the revision petitioner for grant of quarry lease over an extent of 1.494 hectares in Sy.No. 103 (P) of Konidena Village, Ballikurava Mandal, Prakasam District, petitioner filed this writ petition.2. The facts, which are not in controversy, are one K. Nageswara Rao applied for prospecting licence over 2 hectares of land in Sy.No. 103 (P) of Konidena Village, which was to expire on 17-8-2002. During the pendency of that licence i.e. on 14-8-2002, revision petitioner submitted an application for quarry lease for colour granite in the said sy.no. in Form No. 'N' as per Rule 12(5) of the A.P. Minor, Mineral Concession Rules, 1966 (hereinafter referred to as the Rules). Fourth respondent also gave an application on 19-8-2002 for quarry lease for 3 hectares in the said sy.no. The Director of Mines and Geology, in his proceedings dated 23-10-2004, while rejecting the quarry lease application of the revision petitioner ...
N.V. Narasaiah Vs. Depot Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Mar-01-2005
Reported in: 2005(3)ALD579
K.C. Bhanu, J.1. Questioning the proceedings of the first respondent in No. E1/255(4)/2003-JPT dated 28.1.2005 as well as the consequential Proceedings No. E1/255(4)/ 2003-JPT dated 31.1.2005 changing the date of birth of the petitioner from 3.1.1949 to 15.7.1945, the present writ petition is filed.2. The case of the petitioner is that his date of birth is 3.1.1949 by virtue of Driving Licence obtained from the Regional Transport Authority under and joined in the Respondent-Corporation with effect from 9.2.1979. Thereafter, on the directions of the first respondent, the petitioner obtained transfer certificate from the School authorities where he has studied upto 8th class, which discloses the date of birth of the petitioner as 15.7.1945. Therefore, third respondent issued show-cause notice dated 30.6.2003 to the petitioner calling for his explanation. Thereafter, he filed WP No. 13508 of 2003 before this Court and this Court initially stayed the said show-cause notice and thereafter d...