Andhra Pradesh Court September 2005 Judgments
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Pappu Venkata Rao Vs. Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2005
Reported in: 2006(3)ALD161; 2005(5)ALT714
Ramesh Ranganathan, J.1. The petitioner, a Junior Assistant, working as Manager of Kothapatnam Group Temples, Prakasam District, (prior to his suspension), seeks issuance of a Writ of Quo Warranto that the 2nd respondent is not competent to hold office of 'Commissioner of Endowments' in view of the proviso to Section 4(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as 'the Act'). A declaration is also sought that the Commissioner of Endowments, 1st respondent, does not have the power to suspend the petitioner or to frame charges against him. Consequential directions are sought to set aside the order dated 20-7-2005 whereby the 1st respondent, while framing seven charges and directing that he be placed under suspension, called upon the petitioner to submit his explanation to the charges framed against him.2. Facts, to the extent necessary for this writ petition, are that the petitioner, a temple employee, originally...
C. Prabhakar Rao Vs. General Manager and Appellate Authority, Syndicat ...
Court: Andhra Pradesh
Decided on: Sep-05-2005
Reported in: 2005(6)ALD444; 2005(5)ALT658; (2006)ILLJ1058AP
ORDERK.C. Bhanu, J.1. Challenging the final orders passed by the first respondent in proceedings No. PRS (O)/57/PD/IRD/DA-7, dt. 15-4-1999 and to reinstate the petitioner into the service of the bank with all consequential benefits, the present Writ Petition is filed.2. The brief facts required for disposal of the Writ Petition are as follows:The petitioner joined the respondent bank as clerk in the year 1975 and subsequently promoted as Officer. He received a letter dated 23-9-1995 from the second respondent that he committed some irregularities while he was working as Branch Manager, Donkeshwar branch and advising him to submit his explanation within seven days, which he handed over to his Union and kept quiet. It is stated that he received another letter dated 9-5-1996 alleging that he committed irregularities while working in the above branch, which are different from the items mentioned in the earlier letter. Subsequently, he was served with a Charge sheet dated 5-10-1996, which i...
Kottapati Jayachandra Reddy Vs. Depot Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2005
Reported in: 2005(6)ALD247
ORDERL. Narasimha Reddy, J.1. The petitioner is working as a conductor in Hindupur depot of APSRTC. Disciplinary proceedings were initiated against him, alleging certain irregularities, in the matter of issuance of tickets. On the basis of the report submitted by the enquiry officer, a show-cause notice, dated 1.7.1999, was issued. In this, the punishment of stoppage of annual increment, for a period of two years, with cumulative effect, was straight away imposed, and explanation was sought from the petitioner, as to why the period of suspension shall not be treated, as not on duty. The petitioner submitted his explanation on 9.7.1999. The explanation was not accepted, and the period of suspension was treated, as not on duty. The petitioner preferred an appeal, before the Divisional Manager, Hindupur, the second respondent. The appeal was rejected on 5.4.2002. Review filed before the Regional Manager, Anantapur, the third respondent, was also rejected on 25.3.2003. Hence, this writ pet...
Financial Advisor and Chief Accounts Officer (Wst), Scr and ors. Vs. C ...
Court: Andhra Pradesh
Decided on: Sep-05-2005
Reported in: 2005(6)ALD494; 2005(6)ALT705
T. Meena Kumari, J.1. With the consent of both the learned Counsel, the writ petition itself is disposed of at the interlocutory stage.2. The writ petition is filed by the South Central Railways represented by three officers challenging the Order dated 14.10.2003 in O.A. No. 463 of 2003 and the order of review dated 16.1.2004 in R.A. No. 82 of 2003 in O.A. No. 463 of 2003, on the file of the Central Administrative Tribunal, Hyderabad.3. Petitioners herein are the respondents and the respondent herein is the applicant in the said O.A.4. The O.A. was filed by the respondent-employee to set aside the charge-sheet dated 17.11.2000 issued to him as without jurisdiction and the consequential order dated 6.7.2002 of the second petitioner-disciplinary authority removing him from service and the order dated 20.12.2002 of the first petitioner-appellate authority confirming the orders of removal by declaring them as illegal and arbitrary and for a consequential direction to the petitioners to rei...
Ch. Ramaiah Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2005
Reported in: 2005(6)ALD309; 2005(6)ALT358
ORDERV.V.S. Rao, J.1. The petitioner's father was assigned an extent of Acs.3.00 of dry land in Survey Nos. 778/1 and 778/2 of Charakonda Village, Vangooru Mandal, Mahaboobnagar District. The land was brought into cultivation. After the death of petitioner's father, the petitioner succeeded to the property and his name was also allegedly entered in the revenue records, but due to severe drought, he could not raise crops and started eking out livelihood as a cooly. When he visited the village in April 2004, he observed that fourth respondent, who also got assignment of land in Survey No. 778/6 admeasuring Acs.2.00, encroached/ occupied the land assigned to petitioner's father and therefore, he approached the revenue authorities requesting to take necessary action under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity), in vain. Therefore, he filed the present writ petition seeking direction to the respondents 1 to 3 to take appropriate act...
Puvvada Susheelamma Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2005
Reported in: 2005(6)ALD522
ORDERC.Y. Somayajulu, J.1. An extent of Ac.140.44 cents, including the land to an extent of 0.78 cents in S.No. 69/2 of Pellur Village belonging to the petitioner, was acquired by the Government for Nagarjuna Sagar Project from various landholders. After completion of the project since it was felt that some of the lands acquired were not necessary for the project, those lands seem to have been re-conveyed to the concerned landowners on their repaying the amount of compensation paid to them. Since the land of the petitioner was not utilized in the construction of the project she made a request to the respondents to re-convey 0.78 cents in S.No. 69/2 acquired from her, as the said land is kept vacant. As she did not receive any response from the respondents she got issued a registered notice through an advocate to the respondents on 9.5.1995, seeking re-conveyance of the land acquired from her. By the communication Rc.No. B1/ 3670/95 dated 28.8.1995, the District Collector (2nd responden...
Khaja Shoukat Ali and ors. Vs. Smt. Khairunnissa Begum and ors.
Court: Andhra Pradesh
Decided on: Sep-02-2005
Reported in: 2005(6)ALT710
ORDERN.V. Ramana, J.1. The petitioners aggrieved by the order dated 6-7-2005, passed by the Junior Civil Judge, Devarakonda, Nalgonda District, allowing the application in E. A. No. 13 of 2004 in E.P.No. 5 of 2004 in O.S.No. 50 of 1997, filed by the respondents seeking police protection for enjoying the fruits of the decree, have filed this C.R.P.2. The respondents claim to have obtained a judgment and decree for perpetual injunction against the petitioners in respect of the property in O.S.No. 50 of 1997 from the Court of the Junior Civil Judge, Devarakonda on 30-3-2001. Against the said judgment and decree, the petitioners filed appeal in A.S.No. 31 of 2001 on the file of the. IV Additional District Judge, Nalgonda, which was dismissed by judgment dated 31 -7-2003. The said judgment was confirmed by this Court in S.A.No. 999 of 2003 by this Court vide order dated 25-3-2004. Thereupon, the respondents filed E.P.No. 5 of 2004. During the pendency of the said petition, the petitioners a...
Paladugu Venu Vs. Vakkavanthula Srujana
Court: Andhra Pradesh
Decided on: Sep-02-2005
Reported in: 2005(6)ALT819
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the order dated 9-11-2004, passed by the Junior Civil Judge, Kodad, dismissing the application in I.A.No. 609 of 2004 in O.S.No. 184 of 2004, filed by the petitioner for sending the document, namely the receipt said to have been issued by the husband of the respondent, to the District Collector for impounding for collecting the deficit stamp duty.2. Heard the learned Counsel for the petitioner-defendant and the learned Counsel for the respondent-plaintiff.3. The learned Counsel for the petitioner submitted that inasmuch as even an unstamped document can be impounded under the provisions of Section 38 of the Indian Stamp Act, 1899 (for short 'the Stamp Act') through the Collector, the Court below committed an error in not sending the document to the Collector for impounding for collection of stamp duty on the ground that there was no stamp duty at all on the document.4. On the other hand, the learned Counsel for the respondent conte...
Ankit Packaging Limited Vs. Additional Commissioner (Ct) (Legal)
Court: Andhra Pradesh
Decided on: Sep-02-2005
Reported in: [2006]148STC578(AP)
Ramesh Ranganathan, J.1. The revised show cause notice, in CCT's Ref. L. III(2)/2270/2003 dated March 1, 2005, issued by the Additional Commissioner (CT-Legal), Hyderabad, whereby the respondent (on finding that the set-off of tax of Rs. 3,73,739 allowed by the Appellate Deputy Commissioner earlier, was prejudicial to the interest of the Revenue), proposed to disallow the set-off, in revision, is impugned in this writ petition, as without jurisdiction.2. The facts, to the extent necessary for the purpose of this writ petition, are that the petitioner, a registered dealer on the rolls of the Commercial Tax Officer, Marredpally Circle, manufactures flexible packaging material. For the assessment year 1997-98, the Commercial Tax Officer passed final assessment orders on March 31, 2001, assessing the petitioner on a net turnover of Rs. 2,42,79,770. Aggrieved by the assessment order, the petitioner preferred an appeal (Appeal No. P/88/2001-2002), to the Appellate Deputy Commissioner (CT), P...
Sardar Pratap Singh and anr. Vs. S. Basanth Singh and ors.
Court: Andhra Pradesh
Decided on: Sep-01-2005
Reported in: 2005(6)ALD219
A. Gopal Reddy, J.1. This appeal is filed assailing the correctness of the order dated 6-7-2004 passed by the learned II Additional Senior Civil Judge, Warangal, in Memos vide SR. Nos. 1568 and 2133 of 2004 in LA. No. 285 of 2004 in O.S. No. 135 of 2004.2. The appellants herein filed the above suit for declaration, partition of movable and immovable properties and for permanent injunction. They also filed LA. No. 285 of 2004 seeking injunction restraining the respondents not to alienate the suit schedule property. The lower Court by order dated 9-4-2004, granted ad interim exparte injunction in favour of the appellants herein subject to compliance of the provisions of Order XXXIX Rule 3 CPC. On service of the notices, respondents 5 and 6 filed a Memo in SR. No. 1568 of 2004 and respondents 1 and 2 also filed another Memo in SR. No. 2133 of 2004 for vacating the said ex parte injunction order on the ground that the copies of plaint documents have not been enclosed and therefore, the app...
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