Andhra Pradesh Court January 2007 Judgments
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Mohd. Sadiq Ali Vs. Presiding Officer, Labour Court and anr.
Court: Andhra Pradesh
Decided on: Jan-05-2007
Reported in: 2007(2)ALD691; [2007(113)FLR1002]
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed questioning the Award dated 17.2.1995 of the 1st respondent - Labour Court, Godavarikhani, Karimnagar District (for short 'the Labour Court') in I.D. No. 2 of 1993 and for consequential direction to respondent No. 2 to reinstate the petitioner into service with back wages and all other benefits.2. The facts briefly summarized are as under:3. The petitioner was a driver working with the 2nd respondent. Departmental proceedings were initiated against the petitioner in respect of an incident involving him on 21.2.1992 while he was on duty. After preliminary enquiry, a charge-sheet was issued to the petitioner, comprising a solitary charge, which reads as under:For having consumed liquor and broken the shutter glass of the bus No. AP 9Z 201 while you were performing duties at Medaram Jatara on 21.2.1992.4. The petitioner submitted his explanation denying the charge. He pleaded in his explanation that he along with his co-driver, w...
S. Suresh Vs. Indian Oil Corporation Ltd., Southern Region and anr.
Court: Andhra Pradesh
Decided on: Jan-05-2007
Reported in: 2007(3)ALD243; 2007(3)ALT742
ORDERRamesh Ranganathan, J.1. Seeking a declaration that the order of the first respondent in Proceedings No. R.SCD.132 dated 21.9.1994, terminating the retail outlet agreement with the petitioner, is illegal and arbitrary and for a consequential direction to have the order set aside, the present writ petition is filed.2. The petitioner was appointed as a dealer of the first respondent-Corporation, for running a retail outlet for High Speed Diesel (HSD), under the name and style of Sree Rama Service Station at Autonagar, Ranga Reddy District. This retail outlet was established pursuant to the permission granted by the respondent Corporation in its letter dated 16.3.1979.3. The impugned order dated 21.9.1994 refers to the inspection of the retail outlet on 28.12.1991. The Inspection Report dated 28.12.1991, in turn, refers to the earlier Inspection Reports dated 28.9.1991 and 24.8.1991. In the Inspection Report dated 24.8.1991 it is stated that the stock particulars were within permissi...
S.K. Fareed Vs. Managing Director, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Jan-05-2007
Reported in: 2007(3)ALD232; 2007(4)ALT118
ORDERN.V. Ramana, J.1. The petitioner joined the service of the respondents-Corporation as Driver in 1974. While working as such, he sustained defective vision on 7-10-2003. Therefore, he applied for retirement on medical grounds on 21.10.2003. The respondents accepting his request, retired him from service on medical grounds on 27-10-2003. A day after he sustained defective vision and much before the date he was retired from service on medical grounds, the respondents issued notification in P.D. No. 14/2003, dated 8.10.2003, informing that the Board vide Resolution No. 128/2003, dated 28.7.2003, has accorded their approval to amend Regulation 6A(5)(b) of the APSRTC Employees (Service) Regulations, 1964 (hereinafter referred to as 'the Regulations'), and notified the amendment, which provided for payment of better benefits to Drivers who are retired on medical grounds. The petitioner states that he having taken retirement, in terms of the amended Regulation 6A(5)(b) of the Regulations,...
Syed MunavvaruddIn Quadri Vs. Chief Executive Officer, A.P. State Wakf ...
Court: Andhra Pradesh
Decided on: Jan-05-2007
Reported in: 2007(3)ALD711; 2007(4)ALT192
ORDERV.V.S. Rao, J.1. The petitioner is 'person interested' in the affairs of Jamia Mosque, Mulugu in Warangal District. He is statedly Ex-President of the Managing Committee till 22.9.2006. An election was held in 2001 for electing Managing Committee by all the Mussallies (Namazees, who perform prayers in the Mosque). After expiry of the term of the Managing Committee, the first respondent by proceedings dated 22.9.2006 appointed another committee by nomination. Objections were raised. The Joint Collector, Warangal, ordered enquiry by the fourth respondent. After conducting enquiry, fourth respondent submitted a report recommending election by ballot on 14.10.2006. After receiving the report of the Joint Collector, the first respondent commenced election process through the third respondent and fixed 17.12.2006 as the date for election of members or Managing Committee, duly cancelling the earlier proceedings dated 22.9.2006 nominating the committee. The second respondent prepared the ...
Reddy Subbarao (Died) Per L.Rs. Vs. Nunne Venkataramanna and ors.
Court: Andhra Pradesh
Decided on: Jan-05-2007
Reported in: 2008(1)ALD474; 2008(1)ALT160
C.Y. Somayajulu, J.1. Since both these appeals arise out of the same judgment, they are being disposed of by a common judgment. For the sake of convenience, parties to these appeals would hereinafter be referred to as they are arrayed in the trial Court.2. Reddy Subbarao (Plaintiff) filed the suit for partition of the properties specified in A to C schedules appended to the plaint i.e. wet lands, two buildings and movable properties respectively, into two equal shares by metes and bounds and to further divide one such share into two equal shares and allot a total of 3/4th share in the plaint A to C schedule properties to him. Subsequently, the father-in-law of the plaintiff filed I.A. No. 205 of 1983 seeking amendment of the cause title of the plaint by adding his name as the power of attorney holder of the plaintiff on the ground that he was given a power of attorney by the plaintiff to conduct proceedings on his behalf. That petition was allowed by the trial court on 23.06.1983.3. Th...
C. Bala Krishnaiah Vs. A. Kannaiah (Died) and ors.
Court: Andhra Pradesh
Decided on: Jan-04-2007
Reported in: 2007(2)ALD281; 2007(2)ALT477
ORDERL. Narasimha Reddy, J.1. A matter, which is somewhat delicate on facts, but interesting from the point of view of law, arises for consideration in this petition. The sole respondent in S.A. No. 136 of 2002 filed this application, with a prayer to set aside the compromise decree passed by this court on 29-10-2003. The facts, which are relevant for the purpose of this petition, may briefly be stated, as under.2. The petitioner herein filed O.S.No.3 of 1993, in the Court of Principal Senior Civil Judge, Tirupati, against one Sri A. Kannaiah, the father of the respondents, for the relief of specific performance of an agreement of sale, dated 22-8-1984. The suit was decreed by the trial court on 15-3-2000. Kannaiah filed A.S.No.37 of 2000, in the Court of III Additional District Judge, Tirupati. The appeal was dismissed, through judgment dated 14-12-2001. Kannaiah died, thereafter, and his legal representatives, the respondents herein, filed the present Second Appeal, against the petit...
Kanihgolla Gopala Krishna Guptha Vs. Majeti Lakshmi Devi
Court: Andhra Pradesh
Decided on: Jan-04-2007
Reported in: 2007(2)ALD631; 2007(3)ALT65
ORDERV. Eswaraiah, J.1. The civil revision petitions arise out of the Rent Control proceedings in R.C.C. No. 27 of 2000 on' the file of Rent Controller-cum-Principal Junior Civil Judge, Eluru, West Godavari District, dated 6-11-2003.2. The petitioner in C.R.P. No. 2560 of 2004 is the tenant and the petitioner in C.R.P. No. 3078 of 2005 is the landlady.3. For the sake of convenience, the parties hereinafter be referred to as 'the landlady' and 'the tenant'.4. The landlady filed R.C.C. No. 27 of 2000 on the file of Rent Controller-cum-Principal Junior Civil Judge, Eluru, West Godavari District, seeking eviction of the tenant on the ground of wilful default in payment of rents and that the petition schedule shop bona fidely required for the son of the landlady to run a business. The Rent Controller, through order, dated 6-11-2003, allowed the said R.C.C. on both the grounds and directed the tenant to vacate and handover vacant possession of the petition schedule shop to the landlady withi...
K. Malathi Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jan-04-2007
Reported in: 2007(3)ALD452
ORDERC.V. Ramulu, J.1. This writ petition is filed seeking a mandamus declaring the action of the respondents in taking steps to renotify the petitioner's fair price Shop No. 20 of 11th Ward, Guntakal, Ananthapur District, on the strength of the Orders of the 1st respondent in D.Dis. No.K4/ATP/601/2004, dated 3-2-2006 as arbitrary, illegal and contrary to the guidelines issued by the Government from time to time and consequently to set aside the Orders of the 1st respondent dated 3-2-2006.2. It appears that in pursuance of a notification issued by the 3rd respondent-Revenue Divisional Officer, Ananthapur dated 29-8-1998 to fill up the vacancy of F.P. Shop No. 20 of 1lth Ward, Guntakal on permanent basis, petitioner along with others applied for the same. Respondent No. 3, after considering the respective merits of the candidates, appointed the petitioner as fair price shop dealer on 22-9-1998 against F.P. Shop No. 20 of 1lth Ward, Guntakal. Aggrieved by the said Order of appointment, 4...
Totakuri Narayana Vs. Totakuri Venkaiah and anr.
Court: Andhra Pradesh
Decided on: Jan-04-2007
Reported in: 2007(3)ALD644; 2007(3)ALT629
L. Narasimha Reddy, J.1. The plaintiff in O.S. No. 1237 of 1987 in the Court of II Additional District Munsif, Khammam, filed this second appeal. The 1st respondent (defendant No. 2 in the suit) is the brother of the appellant, and the 2nd respondent (defendantNo. 1 in the suit) is a third party.2. The appellant filed the suit, initially against the 2nd respondent alone, for the relief of perpetual injunction. He pleaded that the suit schedule property, a house bearing No. 2-74 of Lachagudem Village of Khammam District, is owned and possessed by him, and that the 2nd respondent started interfering with his possession without any basis. The 2nd respondent filed a written-statement admitting the possession of the appellant, and stating that he has no objection for the suit being decreed.3. Subsequently, the 1st respondent got himself impleaded. He stated that about 22 years prior to the filing of the suit, himself and his brother migrated to a village, by name, Manikyaram, from Lachagude...
Teddu Jyothi and anr. Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jan-03-2007
Reported in: 2007(2)ALD528
ORDERP.S. Narayana, J.1. The matter appeared in the list on 28.12.2006 and the same was adjourned to 29.12.2006. Learned Assistant Government Pleader for Municipal Administration had taken notice on behalf of R-1. Smt. Preethi Reddy, learned Standing Counsel had taken notice on behalf of R-2and the earned Counsel requested time to get instructions. This matter is coming up for admission today.2. The learned Assistant Government Pleader for Municipal Administration would submit that it is true that G.O. Ms. No. 420, dated 13.9.2005 had been issued and the same is applicable. However, Smt. Preethi Reddy, learned Standing Counsel representing respondent No. 2 would submit that further instructions are required in the matter.3. Sri K.S. Murthy, earned Counsel representing the writ petitioners would submit that the petitioners have no knowledge in English and unless the relevant orders and proceedings are furnished in Telugu, they may not have able to know or follow the contents thereof. In...
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