Andhra Pradesh Court January 2007 Judgments

Municipal Corporation of Kurnool Rep. by Its Commissioner, Smt. K. Vij ...

Court: Andhra Pradesh

Reported in: 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]

ORDERG.S. Singhvi, C.J.1. These petitions filed by the Municipal Corporation of Kurnool for quashing order dated 4-5-2005 passed by Chairman-cum-Presiding Officer, Industrial Tridunal-cum-Labour Court, Anantapur in I.A. No. 413 of 2003 (I.D.No.77 of 2003) and batch have been listed before the Division Bench for determination of the following question of law:Whether Rule 11(6) and Form K-4 of the Andhra Pradesh Industrial Disputes Rules, 1958 are mandatory or directory?The background facts:2. In the year 1989, the Government of Andhra Pradesh, after noticing that the practice of engaging daily wage employees and demand for regularisation of such employees has been resulting in over-staffing in the local bodies, issued Memo No. 102191 / ESTT/IV/88-1 dated 9-1-1989, whereby the Gram Panchayats were permitted to get the work relating to sweeping of roads, cleaning of side drains, maintenance of water supply, electricity and scavenging done on contract basis by meeting the expenditure from ...

K. Anjana Devi and ors. Vs. Government of A.P., Rep. by Its Principal ...

Court: Andhra Pradesh

Reported in: 2007(4)ALD297; 2007(2)ALT322

ORDERC.V. Nagarjuna Reddy, J.1. The four writ petitions involve common issues. Hence, they are being disposed of by a common order.2. Writ Petition No. 4121 of 2006 has been filed by Smt. K. Anjana Devi and 45 others, who claim to be the purchasers of small extent of land forming part of Survey No. 83 of Raidurg (Panmaktha) village, Serilingampally Mandal, Ranga Reddy District. They claim to have purchased the said extents from the General Power of Attorney holder of the original landowners (hereinafter referred to as declarants).3. W.P. No. 4144 of 2006 has been filed by Omprakash Verma and 43 others, who also claim to be purchasers of small extent of land forming part of Survey No. 83 of Raidurg (Panmaktha) Village, Serilingampally Mandal, Ranga Reddy District from the said General Power of Attorney.4. W.P. No. 4141 of 2006 has been filed by Ahmed Abdul Aziz and 14 others, who claim to be the owners of the land of an extent of Acs. 526.07 guntas in Survey No. 83 of Raidurg (Panmaktha...

District Registrar, Department of Registration, Stamps and Assurances ...

Court: Andhra Pradesh

Reported in: AIR2007AP132; 2007(3)ALD755; 2007(2)ALT547

ORDERL. Narasimha Reddy, J.1. The 1st respondent herein purchased an extent of 60.5 square yards of plot in Miryalguda town. Accordingly, she presented a document dated 5-3-2003 for registration to the 2nd petitioner. She paid the stamp duty and registration charges by treating the value of the property at Rs. 60,000/-, the consideration shown in the document.2. The 2nd petitioner entertained a doubt as to the accuracy of the value furnished in the document. Therefore, he referred the matter to the 1st petitioner under Section 47-A of the Stamp Act (for short 'the Act'). A show-cause notice was issued to the 1st respondent and an explanation was submitted thereto. Through his order dated 27-6-2003, the 1st petitioner held that the market value of the property in question is Rs. 4,800/- per square yard. Aggrieved by that order, the 1st respondent filed CMA No. 9 of 2004 in the Court of V Additional District and Sessions Judge (III Fast Track Court) Nalgonda at Miryalguda under Sub-secti...

Sunnam Ramakka Vs. Badisha Naga Vishnu Murthy and ors.

Court: Andhra Pradesh

Reported in: 2007(3)ALD23; 2007(3)ALT635

ORDERP.S. Narayana, J.1. Heard Smt. K. Udayasree, the learned Counsel representing the petitioners in all these batch of C.R.Ps., and Sri Y. Rama Rao, the learned Counsel representing the contesting respondents in C.R.P. No. 6299 of 2006.2. Smt. Udayasree, the learned Counsel representing the revision petitioners in all these batch of C.R.Ps. would contend that these C.R.P.s are filed as against the respective orders by virtue of which the Sub-Divisional Magistrate and Revenue Divisional Officer-cum-Election Tribunal at Mulugu, Warangal District had rejected the respective memos raising preliminary objections relating to the very maintainability of the respective Election Petitions. The learned Counsel would submit that the Election Tribunal failed to appreciate that the election petition has to be filed in accordance with the Rules, framed in G.O. Ms. No. 111, dated 3-3-1993 only as A.P. Panchayat Raj (Election Tribunal in respect of Gram Panchayat, Mandal Parishad and Zilla Parishad)...

Sk. Mohd. Jeelani Vs. Chief General Manager Telecom (Bsnl) and ors.

Court: Andhra Pradesh

Reported in: 2007(3)ALD464; 2008(3)ALT324; [2007(114)FLR251]

ORDERN.V. Ramana, J.1. The writ petition is filed seeking to call for the records pertaining to the engagement of freshers as casual labourers who are juniors to the petitioner duly converting them as fulltime casual labourers and declare the action of the respondents in not considering the case of the petitioner to re-engage as Casual Mazdoor/Labourer duly giving preference over the freshers as illegal and arbitrary, and consequently direct the respondents to consider the case of the petitioner and regularise his services as regular Mazdoor with all consequential benefits.2. The petitioner states that he was engaged as casual labour in the respondents' organisation during the strike period from 7-3-1988 to 8-3-1988. Thereafter, he states that he worked in the Departmental Telegraph Office (DTD), Nellore for eight hours per day without any break and completed 240 days in 1990-91, 1998-99, and continued to work upto 2002. He further states that when he was not re-engaged, he submitted a...

Maheshwari Residency Flat Owners’ Association Vs. Maheshwari Buil ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

G. Bhoopathi Reddy, Member: 1. This is a complaint filed by the President of M/s. Maheshwari Residency Flat Owners Association praying to direct the opposite party to provide the following amenities: 1. to obtain and provide drinking water connection to Maheshwari Residency Apartments duly sanctioned by HMWS and SB; 2. to reimburse Rs. 20,000 to each flat owner which was collected towards sales tax; 3. to drill the bore well up to 300 feet depth; 4. to construct community hall on the terrace of the building; 5. to complete the internal and external painting of Maheswari Residency Apartments; 6. to polish the marble laid in the staircase and lobby; 7. to provide proper coverage for the staircase; 8. to rectify the electric wiring to prevent damage to electrical gadges and to furnish occupancy certificate, plans and designs of water electricity plumbing cable lines; 9. to take proper safety measures from rain water falling on the lifts and hydraulic system; 10. to provide a bore well wat...

Ch. Srinivasa Rao and anr. Vs. District Collector/Election Authority, ...

Court: Andhra Pradesh

Reported in: 2007(3)ALD197; 2007(4)ALT23

ORDERC.V. Nagarjuna Reddy, J.1. The petitioners who claim to have electricity service connection with the third respondent Society filed this writ petition questioning the election notification dated 4.1.2007 issued by the respondent No. 2 as illegal and for consequential direction to include their names in the voters list prepared for the third respondent Society.2. After hearing the learned Counsel for the petitioners and the learned Government Pleader for Co-operation at the admission stage this writ petition is being disposed of.3. The petitioners' case as contended in the affidavit filed in support of the writ petition is that they hold electricity service Connection Nos. 847 and 890 respectively with the third respondent society; the second respondent issued election notification bearing No. 3/2007 dated 4.1.2007 for holding elections for the Managing Committee of the third respondent society; as per the notification, nominations have to be filed on 11.1.2007 and the election is ...

Aitha Dubba Rajam Alias Raju S/O Pochaiah Vs. Aitha Pochaiah, S/O Aith ...

Court: Andhra Pradesh

Reported in: AIR2007AP133; 2007(2)ALD557; 2007(2)ALT464

ORDERG. Yethirajulu, J.1. This Revision Petition is filed by the plaintiff in O.S. No. 29 of 2002 on the file of the Senior Civil Judge, Siddipet. The respondents are the defendants in the said suit. The suit was filed for partition of the suit schedule lands into four equal shares and to allot one such share to the plaintiff.2. A preliminary decree was passed on 30-08-2003 declaring that the petitioner is entitled to 1/4th share and a Commissioner was appointed in the final decree petition and the Commissioner divided the properties into four equal shares and the petitioner has to be allotted one such share. The defendants 1 to 11 remained ex parte and respondent No. 12 was impleaded by order in I.A. No. 239 of 2005. She filed a counter in the final decree petition stating that part of the suit property was purchased by her under a sale deed of the year 1995 and she was also inducted into possession thereof and she is in possession and enjoyment of the property. The plaintiff behind h...

M. Venkata Subbaiah Vs. Engineer-in-chief, Public Health and ors.

Court: Andhra Pradesh

Reported in: 2007(1)ALD657

ORDERP.S. Narayana, J.1. These writ petitions are being disposed of by this common Order in view of the commonality of the facts and also the close nexus between the subject-matter of controversy between the parties.2. In W.P. No. 8752/2006 rule nisi was issued on 8-6-2006 and in W.P.M.P. No. 11143/2006 interim suspension as prayed for was granted.3. The writ petition is filed for a writ of mandamus declaring the action of the respondent No. 3 in cancelling the experience certificate issued on 20-6-2005 to the petitioner without a notice to the petitioner at the instance of respondent No. 4 as illegal, arbitrary, unfair, unreasonable and also opposed to the principles of natural justice and consequentially the petitioner prays that this Court direct the respondents to permit the petitioner to have the benefit of the experience certificate obtained by him in the light of Clause 15 of the Annexure annexed to the Rules issued in G.O. Ms. No. 94, Irrigation & C.A.D., dated 1-7-2003 and pas...

Farhad Gew Irani and ors. Vs. Government of Andhra Pradesh, Rep. by It ...

Court: Andhra Pradesh

Reported in: 2007(2)ALD375; 2007(2)ALT303

ORDERG.S. Singhvi, C.J.1. The above noted writ petitions are being disposed of by a common order because the issues raised therein are inter-related.2. We shall first notice the facts, which have been culled out from the pleadings and documents of the parties. The same are as under:(1) Sri Kaikusroo, son of Shapurji Irani, resident of House No. 1/17, Kazipet, Warangal District filed a declaration under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the 1976 Act') on 24-8-1976 declaring the following lands:Village Survey Nos Extent in Extent inAc.gts. Hectares.Kadipikonda 64,70, 25.18 10,2992 or71,72,73 1,02,992 Sq.mtrs.(2) After holding inquiry, Special Officer and Competent Authority, Urban Land Ceiling, Warangal (hereinafter described as 'the Special Officer') prepared a draft statement under Section 8(4) of the 1976 Act. On 28-6-1985, the Special Officer issued final statement under Section 9, the relevant extracts of which read as under:1. Details of...