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Andhra Pradesh Court November 2006 Judgments

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Nov 01 2006

Chaganti Subba Rao and ors. Vs. Thimmaraji Satyanarayana

Court: Andhra Pradesh

Decided on: Nov-01-2006

Reported in: 2007(1)ALD418; 2007(3)ALT408

L. Narasimha Reddy, J.1. Defendants 3 to 9 in O.S. No. 13 of 1986, on the file of the District Munsif, Parchur, filed this Second Appeal, aggrieved by the judgment and decree in A.S. No. 37 of 1987, of the Court of Subordinate Judge, Chirala. The respondent herein is the sole plaintiff.2. The respondent filed the suit, initially for the relief of mandatory injunction, against the 1st appellant and two others, by name Kolla Tirupatirayudu and Battula Subbaiah. Tirupatirayudu died during the pendency of the suit. His legal representatives, appellants 2 to 7 were brought on record.3. It was pleaded that the lands of the respondent are adjoining those of the appellants in Sy. No. 515 of Parchur Village, and there existed a channel, marked as ABCDEF in the plaint plan, to enable the flow of rain water, into the drain channel, on the northern side, and that the same was closed by the appellants, four months prior to the filing of the suit. The location of the lands of the respondent, appella...


Nov 01 2006

Gurukula Vidyalayala Telangana Udyogula Sangam Vs. A.P. Residential Ed ...

Court: Andhra Pradesh

Decided on: Nov-01-2006

Reported in: 2007(1)ALD88; 2007(1)ALT331

Ramesh Ranganathan, J.1. Transfer of an employee, appointed to a particular cadre of transferable posts, is an incident of service and is made in administrative exigencies. No Government servant or an employee of a public undertaking has a legal right for being posted at any particular place. Transfer, from one place to the other, is generally a condition of service and the employee has no choice in the matter. Transfer is necessary in public interest and efficiency in public administration. It is, normally, not to be interfered with by Courts/Tribunals except in rare cases where it has been made in a vindictive manner. Whenever a public servant is transferred he must comply with the order but if there be any genuine difficulty in proceeding on transfer it is open to him to make a representation to the competent authority for stay, modification or cancellation of the transfer order. If the order of transfer is not stayed, modified or cancelled the concerned employee must carry out the ...


Nov 01 2006

Katamareddy Sundarrami Reddy Vs. Election Commission of India, Rep. by ...

Court: Andhra Pradesh

Decided on: Nov-01-2006

Reported in: 2007(1)ALT440

ORDERG.S. Singhvi, C.J.1. In this petition filed in the name of public interest, the petitioner - Shri Katamareddy Sundarrami Reddy has prayed for declaring the election of respondent No. 5 -Shri Polamreddy Srinivasulu Reddy as illegal and for issue of a direction to non-suit him from 127 Kovur Assembly Constituency.2. Learned counsel for the petitioner says that his client has died and he has filed an application for substitution of Shri Niranjan Babu Reddy in place of the deceased petitioner, but the same has not been listed before the Court.3. In our opinion, in a petition filed in public interest, a third person cannot get himself substituted in place of the one who had filed the writ petition and who may have died during the pendency of the petition.4. With the above observations, the writ petition is disposed of as infructuous. However, it is made clear that this order shall not preclude Shri Niranjan Babu Reddy or any other public-spirited person to file fresh petition in public...


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