Andhra Pradesh Court December 2008 Judgments

Syed HussaIn Sab (Died) Per L.Rs. Vs. Joint Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(3)ALT316

ORDERK.C. Bhanu, J.1. This Civil Revision Petition, filed under Article 227 of the Constitution of India, is directed against the order, dated 31-12-2005 in Appeal No. F2/21/2005 passed by the Joint Collector, Mahaboobnagar (first respondent), dismissing the appeal filed under Section 24(1) of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, against the order dated 19-11-2002 in file No. K/166/2002 passed by the Revenue Divisional Officer, Mahaboobnagar (second respondent).2. The brief facts that are necessary for disposal of the present revision petition may be stated as follows:The petitioners 2 and 3 herein and the respondents 3 and 4 filed declaration in Form No. 1 prescribe under Sub-rule (2) of Rule 5 of the Andhra Pradesh (Telangana Area) Abolition of Inams Rules, 1975 for registering them as occupants of lands bearing survey Nos. 401 in an extent of Ac.2.28 guntas situated at Inmulnarva village under Section 4(1) of the Andhra Pradesh (Telangana Area) Abolition...

Gangula Venkateswara Reddy and ors. Vs. the State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2009CriLJ1958

A. Gopal Reddy, J.1. This appeal under Section 374 of the Code of Criminal Procedure is preferred by A-l, A-2, A-4 to A-6 against the judgment dt. 18-9-2006 passed in SC ST SC No. 32/2005 on the file of Special Judge for SC & ST (POA) Act-cum-VI Additional District & Sessions Judge, Kurnool.2. The appellants/A-1, A-2, A4 to A-6 along with A-3 who were tried for the offences punishable under Section 302 IPC, alternatively, under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and 148 IPC. The learned trial court convicted the appellants for the offence under Section 3(2)(v) of the Act and Section 148 IPC and sentenced them to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/- each in default to suffer simple imprisonment for a period of six months each and further convicted them for the offence under Section 148 IPC and sentenced them to suffer rigorous imprisonment for a period of one year and to pay a...

Union of India (Uoi), Rep. by Divisional Railway Manager (Commercial) ...

Court: Andhra Pradesh

Reported in: 2008(5)ALT260

C.V. Nagarjuna Reddy, J.1. This batch of Writ Petitions is filed by the Union of India, represented by the Divisional Railway Manager (Commercial), South Central Railway, Vijayawada and other functionaries of South Central Railway, wherein orders dated 26-10-1995 in A.S. No. 61 of 1986 on the file of the Additional District Judge, West Godavari, Eluru and the various consequential orders passed by the Authority under the Payment of Wages Act, 1936 & Deputy Commissioner of Labour, Eluru, (for short 'the Authority') in favour of the respondents for payment of withheld wages are assailed.Background facts:2. In order to adjudicate the various issues raised in these cases, it is necessary to refer to the facts in detail.3. The Railway Porters working in Eluru Railway Station approached the Authority with two different applications - one for the withheld wages for the period from January, 1983 to August, 1984 and the other for the similar claim for the period from September, 1984 to August, ...

Forest Range Officer Vs. K. Gopal Reddy

Court: Andhra Pradesh

Reported in: 2009(1)ALT623

ORDERL. Narasimha Reddy, J.1. The respondent is the owner of a lorry bearing No. AP 26 T 1990. The petitioner noticed that the said lorry was proceeding from Gollapalli Reserve Forest and after chasing for about five kilometers, he stopped it. On verification, it was found that the lorry was loaded with red sander logs. The driver and the cleaner of the said lorry have fled away in darkness. 2. Proceedings under Section 44(2-a) of the Andhra Pradesh Forest Act, 1967, were initiated before the Authorized Officer, Tirupathi. Through order dated 27.12.1995, the Authorised Officer directed confiscation of the lorry as well as red sander logs. Aggrieved by the confiscation of the lorry, the respondent filed A.S.No.63 of 1996 in the Court of IV Additional District Judge, Tirupathi. Initially, the appeal was allowed through judgment dated 11.03.1998. The petitioner filed W.P.No.7808 of 1998. The writ petition was allowed on 30.12.2001 and the matter was remanded to the appellate Court for fre...

Bandaru China Narayana Murthy Vs. A.P. State Finance Corporation and o ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT619

ORDERL. Narasimha Reddy, J.1. The petitioner intended to establish a modern rice mill at Kovuluwada Village, Bogapuram Mandal, Vizianagaram District. He acquired Ac.0.50 cents of land for that purpose. With a view to mobilize resources, he approached the A.P. State Financial Corporation, 1st respondent herein, for sanction of loan. Through a letter, dated 16.03.1993, the 1st respondent sanctioned a sum of Rs. 5,90,000/-. Almost about one year thereafter, a sum of Rs. 4,91,000/- was released to the petitioner. The amount was repayable in 11 half-yearly instalments. The mill became functional in January 1995. However, it was seized shortly thereafter, on the ground that the petitioner failed to pay the instalemtns. It was put to auction on 26.07.1997. The 3rd respondent herein offered Rs. 6,30,000/- towards consideration. At that stage, the petitioner approached this Court by filing another writ petition. He has also paid a sum of Rs. 1,50,000/-. In view of this development, the sale was...

Post Master and Others Vs. Chukka Appa Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.D. No. 926/2005 on the file of District Forum-I, Visakhapatnam, opposite parties preferred this appeal. 2. The brief facts as set out in the complaint are that the complainants son was doing his M.Sc. in United Kingdom, State Bank of India, MVP Colony, Visakhapatnam and he was sanctioned an Educational loan. The said bank released Rs. 1,99,053 towards second instalment of the loan and issued a Demand Draft for which SBI Overseas Branch, Visakhapatnam issued a foreign currency draft and the same was sent on 28.3.2005 by registered post from the Post Office of 1st opposite party to the complainants son. The complainant lodged a complaint with 1st opposite party on 12.4.2005 and since the said letter did not reach the destination, on 15.4.2005, the complainant booked two addressee telegrams to 1st and 2nd opposite parties. On 25.4.2005, the complainant booked two separate phonograms to opposite parties 3 and 4 requesting for immedia...

Parsineni Venkateswarlu Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2009CriLJ2326

V. Eswaraiah, J.1. The appellant is the accused in S.C. No. 1 of 2004 on the file of the IV Additional District and Sessions Judge, Fast Track Court, Markapur. He was tried for the offences punishable under Sections 302 and 201 IPC. The learned Sessions Judge found him guilty of the offence punishable under Section 302 IPC, convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/-, in default to suffer two months rigorous imprisonment.2. The case of the prosecution, in brief, is that P.W.3 is the brother-in-law and P.W.4 is the husband of the deceased Mandla Subbamma (hereinafter referred to as 'the deceased'). The material witnesses, the deceased and the accused are resident of Kondepalli village. The accused had illicit intimacy with the deceased and in that connection, P.Ws.3 and 4 chastised the deceased. On 28.08.2002, P.W12-Panchayat Secretary of Seethanagulavaram came to know that the dead body of the deceased was found on the road between Seethanagu...

Andhra Pradesh Public Service Commission Rep. by Its Secretary Vs. G. ...

Court: Andhra Pradesh

Reported in: 2009(15)ALT596

ORDERGhulam Mohammed, J.1. This writ petition is filed by the Department aggrieved by the order of the A.P. Administrative Tribunal in O.A. No. 5750 of 2004, dated 4.9.2007.2. The facts in brief are that the Department has issued notification for filling up the posts of Junior Lecturers in Government Junior Colleges. Pursuant to which, the 1st respondent-applicant who belongs to S.C.-'C' has applied for the post of Junior Lecturer in Telugu. He also participated in the selection process and secured 353 marks. The applicant could not be selected on the basis of his merit in Zone-Ill to which he belongs. According to the applicant, there were 9 posts of Junior Lecturers of Telugu in Zone - IV, including one post reserved for S.C. 'C. The applicant claims that he is eligible to be considered for selection and appointment to the said post in the aforementioned vacancies, basing on his merit as a non-local candidate. Applicant also asserted that as per the Presidential Order, 60% of the vac...

Banda Sattaiah S/O Late Banda Mallaiah and ors. Vs. the Secretary to G ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT492

ORDERV.V.S. Rao, J.1. Petitioners filed instant writ petition seeking a writ of Mandamus declaring action of respondents, namely, Government of Andhra Pradesh in Department of Revenue (Urban Land Ceiling), Commissioner of Appeals in office of Chief Commissioner, Land Administration, and Special Officer and Competent Authority, Urban Land Ceiling (ULC), Hyderabad, in treating land comprised in survey No. 145/1, Mailardevarpally village of Rajendranagar Mandal, as surplus vacant land by not applying Government order in G.O.Ms. No. 733, dated 31.10.1988, as illegal, arbitrary and violative of Article 14 of Constitution of India besides being violative of provisions of Urban Land Ceiling (Ceiling and Regulation) Act, 1976 (ULC Act), and for a consequential direction to respondents to treat land in survey No. 145/1 as non-surplus land.2. There are thirteen petitioners. All of them belong to one family and are closely related. It is their case that family of petitioners purchased an extent o...

Ch. V. Subrahmanya Sarma Vs. High Court of Andhra Pradesh Rep. by Its ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT592

G. Chandraiah, J.1. Aggrieved by the proceedings of the 1st respondent - High Court of A.P. Hyderabad, represented by its Registrar (Administration), in Roc. No. 5886/2005/ Estt-2 dated 16.11.2007, in communicating rejection of representation submitted by the petitioner in response to the Gradation (Seniority) list of Computer Operators in High Court as on 1.7.2005, the present writ petition is filed.2. The petitioner joined service in High Court of Andhra Pradesh on 20.12.1985 as Typist. He acquired additional qualifications viz., LL.B. degree in 1996; Post Graduate Diploma in Computer Programming in August, 2000 and; Post Graduate Diploma in Cyber Laws and Legal Information system (PGDCL) in December, 2002. While so, the 1st respondent issued circular in Roc. No. 6017/2000-Estt dated 24.10.2000 calling for particulars from the members of the High Court Establishment for filling up the posts of Computer Operators, which are Category 3(b) of Division-II post as per High Court Service R...