Andhra Pradesh Court October 2008 Judgments
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The District Collector (Pt. Wing) and ors. Vs. A. Saidulu
Court: Andhra Pradesh
Decided on: Oct-15-2008
Reported in: 2009(1)ALT147
ORDERGhulam Mohammed, J.1. This writ petition is filed seeking to quash the order dated 14-12- 2005 passed in O.A. No. 3363 of 2004 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad.2. The respondent-applicant filed the above O.A. challenging the rejection of his appointment as Panchayat Secretary vide proceedings No. 2865/2003, dated 08-04-2004 issued by the District Collector, Nalgonda. The case of the respondent is that his father, while working as Attender, had submitted a representation on 08-11-1999 seeking retirement from service on the ground of medical invalidation. The request was allowed with effect from 28- 01-2000, being the date of issue of certificate of medical invalidation by the District Medical Board, Nalgonda. The respondent claims that he is entitled to appointment on compassionate grounds in terms of G.O.Ms. No. 44, dated 17-02-2003 and G.O.Ms. No. 144, dated 01-05-2003. When his case was not considered, he filed O.A. No. 6119 of 2003 before the Tri...
Mandala Penchalaiah and ors. Vs. Superintendent of Police and ors.
Court: Andhra Pradesh
Decided on: Oct-15-2008
Reported in: 2009(1)ALT664
L. Narasimha Reddy, J.1. In this batch of six writ petitions, claims of one form, or the other, are made in respect of different extents of land, owned by a religious endowment, by name, Seethanna Chalivendram (for short 'the Institution'). Hence, they are disposed of through a common judgment.2. Shorn of unnecessary details, the circumstances that gave rise to the filing of the writ petitions are as under:One Sri Mallavarapu Seethanna was running a Chalivendram, near Venkatachalam village of Nellore District, to cater to the needs of the travelling public. An extent of Ac.399.70 cents of Kanupuru Bit-1 was endowed to the Chalivendram. While the petitioners in W.P. No. 20720 of 2007 state that the land was endowed by the erstwhile Nawabs of Arcot, according to the petitioners in W.P. No. 19562 of 2007, the endowment was made by Karnataka Nawabs. The land in various bits is said to be under the enjoyment of the petitioners, and their ancestors. The revenue was being collected by Seethan...
Gandepalli Nuka Raju and ors. Vs. State of Andhra Pradesh Rep. by Its ...
Court: Andhra Pradesh
Decided on: Oct-15-2008
Reported in: 2009(2)ALT554
L. Narasimha Reddy, J.1. The petitioners challenge the order dated 30-08-2008, passed by the District Collector, East-Godavari, at Kakinada, the 3rd respondent, under Section 5A of the Land Acquisition Act (for short 'the Act'), in both the writ petitions. They also pray for quashing the notifications dated 04-06-2008 and 09-09-2008, issued under Sections 4(1) and 6 of the Act, by the 3rd respondent, in relation to the lands in question.2. The petitioners are owners of Ac. 16.14 cents of land, in different survey numbers of Uppada Village of U. Kothapalli Mandal, East-Godavari District. The 3rd respondent issued notification dated 04-06-2008, under Section 4(1) of the Act, proposing to acquire the lands of the petitioners for the purpose of providing house sites to the weaker sections under a Government sponsored scheme. The 4th respondent was appointed as the Land Acquisition Officer.3. The inquiry under Section 5A of the Act was held. In response to the notices issued to them, the pe...
A.P.S.R.T.C. Rep. by Its M.D. Vs. Chigurupalli Krishna and anr.
Court: Andhra Pradesh
Decided on: Oct-14-2008
Reported in: 2009(5)ALT253
Nooty Ramamohana Rao, J.1. This Civil Miscellaneous Appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the Andhra Pradesh State Road Transport Corporation (henceforth referred to as 'the Corporation'), aggrieved by the quantum of compensation awarded by the Motor Accidents Claims Tribunal-cum-I Additional District Judge at Visakhapatnam, in O.P.No.896 of 1995.2. During the pendency of the present Appeal, the 1st respondent-claimant died on 10-05-2006 and consequently, his wife and two sons have been impleaded as respondents 3, 4 and 5.3. The 2nd respondent in this Appeal is the Driver of the Corporation, due to whose rash and negligent driving, the accident alleged to have been committed. The 2nd respondent-driver remained ex parte before the Tribunal and as well as in this Court. For convenience sake the parties are referred to as they are arrayed in the M.V.O.P.4. The claimant was working as a Laboratory Technician with the Andhra Medical College at Visa...
State of Andhra Pradesh Rep. by the District Collector Vs. T.V. Krishn ...
Court: Andhra Pradesh
Decided on: Oct-14-2008
Reported in: 2009(2)ALT575
G.V. Seethapathy, J.1. This appeal is directed against the judgment and decree dated 05.03.2001 in O.S. No. 141 of 1997 on the file of the I Additional District Judge, Nellore, wherein, the suit filed by the respondents 1 to 5 herein, for recovery of a sum of Rs. 13,59,420/- with interest at 24% per annum, was decreed in part for a sum of Rs. 6,31,724/- with future interest at 12% per annum from the date of the suit, till the date of decree and thereafter, at the rate of 6% per annum, till the date of realization.2. The first respondent herein filed suit against the appellant-State in OS No. 149 of 1995 on the file of the Subordinate Judge, Nellore, which was later transferred to the District Court, Nellore and re-numbered as OS No. 141 of 1997, with the following averments: The Superintending Engineer, Irrigation Circle, Vijayawada invited tenders for the work of 'Construction of Double Lane Bridge at M 14/7 + 200 of K.W.Bank Canal', at Vallabhapuram village, Emani Taluq, Guntur distr...
K. Suri Babu and anr. Vs. Nuclear Fuel Complex and ors.
Court: Andhra Pradesh
Decided on: Oct-14-2008
Reported in: 2008(6)ALT390; (2009)IIILLJ477AP
ORDERG. Bhavani Prasad, J.1. Whether the writ petitioners are governed by the Industrial Employment Standing Orders (for short 'the Standing Orders') certified under the Industrial Employment (Standing Orders) Act, 1946 (for short 'the Act') or the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'the Rules'), is the common question involved in these two writ petitions, which were, hence, heard together and are being disposed of by this common order.2. The petitioner in W.P. No. 9541 of 2008 was appointed as Helper/A on adhoc basis in an industrial temporary establishment of Nuclear Fuel Complex, Hyderabad with effect from 26-5-2001. His other terms and conditions of appointment were stated to be those already communicated to him in a letter dated 5-5-2001. He claimed to have been declared as an approved probationer with effect from 25-5-2002 and to have received a memorandum dated 23-4-2003 from the Administrative Officer calling upon him to explain w...
T. Tulasamma @ Padma W/O T. Nageswara Rao Vs. the Chief Secretary, Gov ...
Court: Andhra Pradesh
Decided on: Oct-14-2008
Reported in: 2009(1)ALT553
ORDER1. This writ petition is filed by the petitioner seeking a writ of habeas corpus directing the respondents to produce her husband, by name, Timmasathi Nageswara Rao-alleged detenu, who was detained in Central Prison, Rajahmundry, before this Court and he may be ordered to be released forthwith.2. The brief facts of the case are that the second respondent-Collector and District Magistrate, Krishna District has passed an order, dated 25.03.2008, under Section 3(1) & (2) r/w Section 2(a) & (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act'), detaining the alleged detenu in Central Prison, on the ground that he is a bootlegger within the meaning of the Act and with a view to prevent him from action in a manner prejudicial to the maintenance of public order. It is stated that from July, 2005 to February, 2008, seven cases were registered against the all...
G. Nagabhushanam Vs. T. Eswaramma
Court: Andhra Pradesh
Decided on: Oct-14-2008
Reported in: 2009(3)ALT651
ORDERL. Narasimha Reddy, J.1. The three revisions are filed by the defendant in O.S. No. 214 of 2005.2. The respondent filed the suit, against the petitioner, for the relief of perpetual injunction, in respect of the land in Sy. Nos. 930 and 931 of Chinnachowk village of Kadapa District. The petitioner filed I.A. No. 1343 of 2007, under Order XXVI Rule 9 C.P.C., with a prayer to appoint an Advocate Commissioner, to measure the suit schedule property as well as the neighbouring land in Sy. Nos. 1043 and 1044, with the help of Mandal Surveyor. The I.A. was allowed on 3-11-2007.3. The respondent filed C.R.P. No. 5589 of 2007, against the order in I.A. No. 1343 of 2007. Her grievance was that the order passed by the trial court enabled the petitioner herein to gather evidence. The CRP was allowed by this Court on 15-2-2008, and the order dated 3-11-2007, was set aside. The trial court was directed to pass fresh orders in I.A. No. 1343 of 2007.4. In pursuance of the directions issued by thi...
Daggumalli Ravichandra and ors. Vs. District Co-operative Officer and ...
Court: Andhra Pradesh
Decided on: Oct-14-2008
Reported in: 2009(5)ALT145
ORDERL. Narasimha Reddy, J.1. Petitioners are the Members of Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Limited, 4th respondent herein. The term of the managing committee expired in 2003. The person-in-charge viz., 5th respondent herein, was appointed, for managing the affairs of the society. He issued a show cause notice, dated 12.05.2008, to the petitioners and certain others, directing them to explain as to why their membership shall not be cancelled. The reason mentioned in the show cause notice was that the meeting of the general body, in which a resolution was passed admitting the petitioners as members, is defective. The petitioners submitted their explanations on 28.05.2008. Not being satisfied with the same, the 5th respondent issued individual proceedings, dated 30.05.2008, cancelling the membership of the petitioners. The said proceedings are challenged in this writ petition.2. Heard the learned Counsel for the petitioners, learned Government Pl...
Gubbala Chinna Ganga Rao S/O Late Muralaiah and Gubbala Narayana Rao S ...
Court: Andhra Pradesh
Decided on: Oct-13-2008
Reported in: 2009(2)ALT693
C.V. Nagarjuna Reddy, J.1. This Writ Petition is filed for a Writ of Mandamus to declare the acquisition proceedings initiated by respondent No. 1 in respect of Ac.0.24 cents of land belonging to the petitioners comprised in Survey Nos. 253/3 and 253/4 of Gunupudi village, Bheemavaram Municipal limits, West Godavari District, as illegal and arbitrary.2. The petitioners claimed to have purchased Ac.0.24 cents (1161 Sq. yards) of land in Revenue Survey Nos. 253/3 and 253/4 of Gunupudi village, for a sum of Rs. 3,600/- under registered sale deed dated 22-6-1977. They averred that in the first quarter of 1997 when the petitioners went to the land they found that a part of their land was being converted into a road and stones were planted in the other portion; that their enquiries revealed that a part of their land was acquired for laying internal road to the proposed Housing Board Colony in the adjoining land; and that the petitioners addressed letter dated 11-3-1997 to respondent No. 1 re...
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