Andhra Pradesh Court June 2007 Judgments
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V. Muralidhar Vs. S. Anjaiah Goud and anr.
Court: Andhra Pradesh
Decided on: Jun-06-2007
Reported in: AIR2007AP347; 2007(5)ALD559; 2007(6)ALT779
C.Y. Somayajulu, J. 1. Plaintiff in a suit for declaration that he has a permanent right of occupancy to keep his hoardings in a space admeasuring 2325 Sq.ft on the terrace of plot No. 5, Piaga Colony, Secunderabad (hereinafter referred to as the suit space) under three agreements dated 9-3-1998, executed by Smt. Shakuntala, the mother of the respondents, and for the consequential relief of perpetual injunction restraining, the respondents and their men from interfering with its possession and enjoyment of the hoardings erected and installed by it in the suit space is the appellant in this second appeal.2. The case, in brief, of the appellant, who is the proprietor of M/s. Frontline Advertisers, is that he is carrying on business in outdoor advertising and that he had obtained the suit space on permanent lease from the mother of the respondents for installation of four hoardings of different sizes on an annual rent of Rs. 45,000/- for the first four years which has to be enhanced at th...
Ravindra Yadav Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Jun-06-2007
Reported in: 2007(5)ALD527
ORDERG.S. Singhvi, C.J. 1. In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed as under:It is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or order or direction in the nature of a writ, declaring the order of the 3rd respondent in N0. R. XHI 17/97-ESTT.3 dated 10-3-1998, confirming the date of order of the 4th respondent in P.VIII/17/96-90 ECU dated 14-7-1997, dismissing the petitioner from service, as highly illegal, irregular, improper, arbitrary and as made in violation of Article 311 of Constitution of India and the violative of principles of natural justice and in any event as being grossly disproportionate to the charges alleged and to set-aside the same and to consequently direct the respondents to reinstate the petitioner into service with all consequential benefits with full back wages etc.For deciding whether the petitioner is entitled to the above noted relief, it will be ...
Penmetsa Suryanarayana Raju and ors. Vs. Kalidindi Appala Narasu and o ...
Court: Andhra Pradesh
Decided on: Jun-06-2007
Reported in: 2007(5)ALD534; 2007(6)ALT785
G.V. Seethapathy, J. 1. This appeal is directed against the judgment and decree dated 31.3.1992 in OS No. 103 of 1987 on the file of Subordinate Judge, Bheemavaram, wherein the suit filed by first respondent herein for partition and separate possession of 1/8th share in the plaint A and B schedule properties, was decreed in part.2. The first respondent herein filed suit against the appellants-defendants 2 to 7 and respondents 2 and 3-defendants 1 and 8, for partition and other reliefs with the following averments:The plaintiff, defendants 1 to 3, 5 to 7 and Satyanarayana Raju, father of 4th defendant were the children of one Smt. Surayya. She died intestate in January 1987. On her death, all the movable and immovable properties, cash and jewellery belonging to her devolved on her legal heirs, plaintiff, defendants 1 to 3, 5 to 7 and father of 4th defendant. The plaintiff became entitled for l/8th share therein. Ever since the death of Smt. Surayya, the plaintiff has been demanding for ...
Osmania University, Rep. by Its Registrar Vs. A. Sreenaiah and ors.
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(5)ALD761; 2007(4)ALT231
G.S. Singhvi, C.J.1. These appeals are directed against order dated 26-4-2007 passed by the learned Single Judge in W.P.M.P. Nos. 10986 and 10886 of 2007 in Writ Petitions No. 9458 and 9457 of 2006 and W.V.M.P. No. 399 of 2007 in WPMP. No. 1503 of 2007 (Writ Petition No. 1176 of 2007), whereby he stayed the selection process initiated by the appellant in respect of Group I and III posts.2. A perusal of the record shows that in compliance of order dated 27-8-2004 passed by the learned Single Judge in Writ Petition No. 8664 of 1998 and batch, the direction given by the Division Bench in Writ Appeal No. 244 of 2005, and permission accorded by the Government of Andhra Pradesh, the appellant University issued Advertisement No. 1 of 2006, dated 31 -3-2006 for recruitment of 163 Assistant Professors. The opening paragraph of the advertisement reads as under:In compliance of direction of Hon'ble High Court in W.P. No. 8664 of 1998 and batch, dated 27-8-2004 and direction of Hon'ble Division Be...
S. Chittaranjan Das and ors. Vs. the Secretary, A.P. Residential Educa ...
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(5)ALD212
L. Narasimha Reddy, J.1. Petitioners challenge the proceedings dated 17-10-2005, through which respondents 6 to 11 were promoted as Superintendents from the category of Senior Assistants. They also challenge the action of the 1st respondent in not promoting them to the posts of Superintendents and not treating them as seniors to respondents 2 to 11.2. The 1st respondent is a Society, registered by the Government of Andhra Pradesh, for the purpose of establishing Residential Educational Institutions. It is funded by the State and Central Governments. The 1st petitioner was appointed as Typist/LDC on 10-07-1972, and petitioners 2 and 3 were appointed into that category on 12-03-1981 and 29-07-1981, respectively. All of them were promoted as Senior Assistants, on 11-11-1984. The respondents 2 to 11 are juniors to the 1st petitioner in the category of Typist/LDC and Senior Assistants. Petitioners 2 and 3 are seniors to respondents 4 to 8 and 11, in the said categories.3. The 1st respondent...
B. Ramachandra Rao (Died) by Lrs. Vs. Syndicate Bank and anr.
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(4)ALD707; 2007(5)ALT326
ORDERRamesh Ranganathan, J.1. The order of the Chairman and Managing Director of the Syndicate Bank dated 20-2-1996, and the order of the General Manager dated 23-3-1992, are under challenged in this writ petition and a writ of certiorari is sought to quash both these orders. During the pendency of this writ petition the petitioner died. Thereafter, by order in WPMP No. 22228 of 1999 dated 9-11-1999, his wife and both his sons were brought on record as his legal representatives.2. Facts, in brief, are that, while working as the Divisional Manager of the respondent-bank at Patna, the petitioner was issued charge memo dated 24-11-1990 for certain irregularities alleged to have been committed by him during the period, between 11-7-1983 and 3-6-1989, while functioning as the Divisional Manager at the Divisional Office, Hyderabad (Rural Division). The relevant portion of the charge memo reads thus:Following irregularities are observed in the matter of recommending/sanctioning of the said lo...
G. Murali Krishna and anr. Vs. State of A.P. Rep. by Assistant Commiss ...
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(5)ALT45
P.S. Narayana, J.1. These Civil Miscellaneous Appeals are filed as against Common Order made in I.A. No. 1841/2004, I.A. No. 1842/2004 and I.A. No. 1843/2004 in I.A. No. 387/2003 in O.P. No. 434/2003 on the file of Chief Judge, City Civil Court, Hyderabad under Section 11 of the Criminal Law Amendment Ordinance, 1944, hereinafter in short referred to as 'Ordinance' for the purpose of convenience. The respective appellants herein as petitioners moved the said applications under Section 4(4) of the Ordinance to raise the attachment in respect of 3rd and 6th floord Adithya Enclave, Ameerpet, Hyderabad and office space No. 2 on the first floor of the commercial complex known as Manjeera Square in MCH Ward No. 7, Block No. G of MaithriviharComplex, Ameerpet, Hyderabad. In the light of the respective stands taken by the parties, the learned Judge having marked Exs.P-1 to P-4 and Exs. R-1 to R-6 in I.A. No. 1841/2004, Exs. P-1 to P-3 and Exs. R-1 to R-6 in I.A. No. 1842/2004 and Exs. P-1 to P...
M. Akram and ors. Vs. Government of A.P., Transport, Roads and Buildin ...
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(5)ALT24
ORDERL. Narasimha Reddy, J.1. The petitioners are owners of different categories of vehicles, registered in the State of Andhra Pradesh. In this batch of writ petitions, they assail the validity of G.O. Ms. No. 239, Transport, Roat & Buildings (TR.I) Department, dated 24-11 -2006. Through the impugned G.O., the State ordained that the Light Commercial Vehicles, Goods Vehicles, Maxi Cabs (passenger vehicles), Educational Institution buses, registered in the Districts of Hyderabad, Ranga Reddy, Nalgonda and Chittoor, and such of the vehicles, though registered in other Districts, but operating in the Districts referred to above, must be fitted with speed governors, limiting the maximum speed at 65 K.Ms. per hour. It was also directed that the speed governors so fitted shall bear an official seal of the concerned Road Transport Authority, in such a way as not to leave any scope for tampering.2. The petitioners contend that the G.O. is contrary to Rule 118 of Central Motor Vehicles Rules 1...
Ch. Nagaraju Vs. Board of Directors, Dredging Corporation of India Ltd ...
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(5)ALD776; 2007(5)ALT193
ORDERRamesh Ranganathan, J.1. The order of the Chairman and Managing Director, Dredging Corporation of India Limited dated 04-10-1996, whereby the petitioner was imposed the penalty of removal from service, as confirmed in appeal, by the Board of Directors of Dredging Corporation of India Limited, in its order dated 13-06-1997, is under challenge in this writ petition on the ground that the findings of the enquiry officer, (which was accepted both by the disciplinary and appellate authority), are perverse, based on no evidence and that the punishment imposed is arbitrary, discriminatory and in violation of Articles 14 and 16 of the Constitution of India.2. The jurisdiction, to issue a writ of certiorari and quash the order of punishment imposed on a delinquent employee, is supervisory and the Court exercising it does not act as an appellate Court. This limitation necessarily means that findings of fact reached by the inferior Court or Tribunal, as a result of appreciation of evidence, ...
P. Badrinath Vs. A.P. Housing Board and anr.
Court: Andhra Pradesh
Decided on: Jun-05-2007
Reported in: 2007(5)ALD800
ORDERL. Narasimha Reddy, J.1. The A.P. Housing Board, the 1st respondent herein, issued notice of public auction, proposing to sell plot Nos. 79, 80, 81 and 82, in Phase-IX of Kukatpally Housing Board Colony. The auction was to be held on 25.10.2002. The petitioner quoted Rs. 6,650/- per sq.yard, for plot No. 82, and he emerged as highest bidder. In addition to EMD of Rs. 1,00,000/-, he paid l/4th of the cost of the plot, on the next day. The balance 3/4th of the amount was required to be deposited, in 30 days, i.e., on or before 25.11.2002.2. The Executive Engineer, A.P. Housing Board, Western Division, the 2nd respondent herein, issued another notice of auction, dated 16.11.2002, proposing to sell open plots in Phase-IX, being Plot Nos. 77, 78, 78/A and 83. Out of these plots, plot No. 83, on the eastern side, and plot No. 78/A on the rear side (northern side) of plot No. 82, are triangular in shape. The petitioner filed W.P. No. 23578 of 2002, challenging the action of the responden...
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