Andhra Pradesh Court March 2008 Judgments
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Sai Anupama Agencies Pvt. Ltd. Vs. K.S.R. Mohan Rao and anr.
Court: Andhra Pradesh
Decided on: Mar-11-2008
Reported in: 2008(4)ALD52; 2008(3)ALT326
D.S.R. Varma, J.1. Since all the abovementioned appeals do arise out of the common order, dated 14-08-2007, in Application Nos. 145 of 2007 and 1071 of 2006 in C.S. No. 14 of 1958, passed by a learned Single Judge of this Court, and the question involved is closely inter-twined, they are heard together with the consent of both the parties and being disposed of by this common judgment, at the stage of admission.2. Heard Sri Vedula Venkataramana, the learned Counsel appearing for the appellants in O.S.A. Nos. 58 and 59 of 2007 as well as Sri Kasa Jaganmohan Reddy, the learned Counsel appearing for the respondents in O.S.A. Nos. 58 and 59 of 2007 and the learned Counsel appearing for the appellant in O.S.A. (SR). No. 7401 of 2007.3. Aggrieved by the common order, dated 14-08-2007, in Application Nos. 145 of 2007 and 1071 of 2006 in C.S. No. 14 of 1958, passed by the learned Single Judge of this Court, O.S.A. Nos. 58 and 59 of 2007 are filed by the second respondent in Application Nos. 145...
S.A. Basha Vs. the Divisional Security Commissioner, Railway Protectio ...
Court: Andhra Pradesh
Decided on: Mar-10-2008
Reported in: 2008(4)ALT422; [2008(119)FLR844]
ORDERL. Narasimha Reddy, J.1. The petitioner is working as Inspector in the Railway Protection Force. On 14.6.2006, he was arrested in Crime No. 7 of 2006, on the file of P.S. Yadgir of Karnataka State. On the same day, he was placed under suspension. Subsequently, the petitioner was reinstated into service on 28.7.2007. The 1st respondent issued charge sheet, dated 21.11.2006, stating that the petitioner is guilty of serious misconduct in discharging his duties, inasmuch as he has been arrested on 14.6.2006, on account of his involvement in Crime No. 7 of 2006, and that he was in judicial custody from 14th to 19th June 2006. The petitioner challenges the charge sheet. He contends that when the sole basis for the departmental proceedings is a case registered in a criminal court, he cannot be expected to reveal his defence in the departmental proceedings, and that such a course would offend his fundamental rights, guaranteed under the Constitution of India.2. On behalf of the respondent...
P. Manoj Kumar and anr. Vs. Vice-chairman and Commissioner, A.P. Housi ...
Court: Andhra Pradesh
Decided on: Mar-10-2008
Reported in: 2008(3)ALT447
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to declare the action of the respondent in interfering with the petitioners' possession of the property bearing municipal No. 10-1-611/51 of West Maredpally, Secunderabad, without notice, as illegal, arbitrary and violative of principles of natural justice. The petitioners also sought for a consequential direction to the respondent not to interfere with their possession of the said property.2. In the affidavit filed in support of the writ petition, the petitioners averred that they are the absolute owners and possessors of the abovementioned property admeasuring 700 square yards situated at West Maredpally, having purchased the same under the registered document bearing No. 2202 of 2004. They asserted that the said property is a private property and the Joint Collector, Ranga Reddy District, gave 'No Objection Certificate' to that effect. They alleged that on 22.01.2007 the officials of the respondent ca...
Maddipatla Jagan Mohan Rao S/O. Nagaiah Vs. Akula Nagamalleswari W/O. ...
Court: Andhra Pradesh
Decided on: Mar-07-2008
Reported in: 2008(4)ALD71; 2008(3)ALT332
ORDERD.S.R. Varma, J.1. Heard Sri K.Chidambaram, learned Counsel appearing for petitioner and Sri V.V. Prabhakara Rao, learned Counsel appearing for respondent No. 1, since respondents 2 to 5 were shown as 'not necessary' vide Cause Title.2. This civil revision petition is directed against the order and decretal order, dated 06-8-2007, passed by the Principal Junior Civil Judge, Avanigadda, Krishna district in dismissing the application I.A. No. 775 of 2007 in Election O.P. No. 12 of 2006, filed under Rule 5(i) and (ii) of Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for brevity, 'the Rules, 1995') and under Section 151 C.P.C., seeking to dismiss the main Election O.P., for non-compliance of mandatory provisions laid down under Rule 5(i) and (ii) of the Rules, 1995 and to decide the non-compliance of it as a preliminary objection.3. The petitioner herein is respondent No. 5, respondent No. 1 is petiti...
T.K. Subhash Vs. Smt. Kamala Bali and ors.
Court: Andhra Pradesh
Decided on: Mar-07-2008
Reported in: AIR2008AP169; 2008(3)ALD582; 2008(3)ALT490
B. Seshasayana Reddy, J.1. These two civil miscellaneous appeals are directed against the common order dated 12.11.2007 passed on applications being I.A. Nos. 2554 and 2555 of 2007 in O.S. No. 300 of 2007 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, filed under Order 39, Rules 1 and 2 r/w. Section 151 CPC, whereby and whereunder the learned Additional Chief Judge refused to grant interim reliefs sought for by the plaintiff pending disposal of the suit.2. Appellant is the plaintiff and whereas respondents are the defendants in O.S. No. 300 of 2007. The plaintiff filed the suit seeking the following reliefs:(a) to declare that the Gift Deed dated 23.03.2005 vide Document No. 1043/2005 registered in the office of SRO - Azampura, Hyderabad is illegal, void and the Plaintiff is not bound by the same.(b) Consequentially to direct the defendants to deliver the vacant possession of suit property to the plaintiff.(c) To grant perpetual injunction restraining the defend...
M. Satyanarayana Vs. Makkan Bharathi and ors.
Court: Andhra Pradesh
Decided on: Mar-07-2008
Reported in: 2008(4)ALD231; 2008(3)ALT711
G. Yethirajulu, J.1. This Appeal has been preferred by the first defendant in O.S. No. 95 of 1997 on the file of V Senior Civil Judge, City Civil Court, Hyderabad. The respondents are the plaintiff and defendants 2 and 3. The plaintiff filed the suit for specific performance of agreement of sale in respect of the suit schedule property requesting the Court to direct the first defendant to execute a registered sale deed after receipt of the balance of sale consideration and if he fails to do the same, the Court to execute the sale deed.2. The averments of the plaint are briefly as follows:The plaintiff is the tenant of the plaint schedule mulgi situated at Jambagh, Hyderabad. One late Smt. Yellamma is the owner of the suit property and she inducted the plaintiff as a tenant by receiving a sum of Rs. 6,000/- towards advance, through the lease agreement dated 26-2-1983. Subsequently, late Yellamma bequeathed her property to the first defendant, who is the only son of her and she died on 1...
A.P. Power Generating Employees Union, Vijayawada thermal Power Statio ...
Court: Andhra Pradesh
Decided on: Mar-07-2008
Reported in: 2008(4)ALD687
ORDERL. Narasimha Reddy, J.1. The 1st petitioner is an employees Union and the petitioners 2 to 12 are the members of 1st petitioner and employees of A.P. Power Generating Corporation Ltd., the 1st respondent. They worked as contract labour, under a Labour Contractor, who was awarded the same contract by the then A.P. Electricity Board. In terms of various orders passed by the Government of A.P. and the then Board, the petitioners were absorbed as Mazdoors, in the year 1996. Subsequently, they were appointed by transfer, as Lower Division Clerks, in the year 2001.2. Petitioners made a representation to the respondents, stating that at the initial stage itself, i.e. in the year 1996, they were entitled to be absorbed or appointed as Lower Division Clerks, since they possessed the requisite qualifications, and that their appointment as LDCs, made in the year 2001, be treated with retrospective effect from 6.12.1996. Through proceedings, dated 22.4.2006, the 2nd respondent rejected the re...
Annam Malla Reddy Vs. Bangi Nagaiah and 2 ors.
Court: Andhra Pradesh
Decided on: Mar-05-2008
Reported in: 2008(4)ALD564; 2008(3)ALT626
ORDERG. Yethirajulu, J.1. This Revision Petition has been preferred by the defendant/Appellant in A.S. No. 3 of 1996 on the file of the Senior Civil Judge, Huzurabad.2. The plaintiffs filed the suit for partition of the suit schedule property into three equal shares and to allot one such share to the plaintiffs with separate possession contending that they were in joint possession and enjoyment of the schedule property. The first defendant remained ex parte and the second respondent, who is the appellant in the Appeal, appeared through his counsel and filed written statement disputing the claim of the petitioners and contended that after the death of the father of the D-1, D-2 and his brother Bhadraiah alienated their share of land in the suit survey number including the area covered by the road and subsequently D-1, his brother Bhadraiah and their elder brother's adopted son Nagaiah jointly executed an agreement of sale in favour of D-2 and after receiving an amount of Rs. 2,000/- as ...
Gautam Prasad Singh Vs. Union Public Service Commission and ors.
Court: Andhra Pradesh
Decided on: Mar-04-2008
Reported in: 2008(3)ALT185
ORDERL. Narasimha Reddy, J.1. The petitioner is a Corporal in the Indian Air Force. The Union Pubic Service Commission, 1st respondent herein, issued Examination Notice No. 10/2005, dated 07.05.2005, for the purpose of recruiting 194 Assistant Commandants in the Central Police Forces (CPF) viz., BSF, CRPF, ITBP and SSB (Sashastra Seema Bal). The recruitment procedure comprised of holding of written, physical and medical tests. The candidates, who are already in service, are also made eligible to submit applications. The required conditions of eligibility and educational qualifications were stipulated. So far as the age limit is concerned, it was mentioned that a candidate must have attained the age of 20 years and must not have crossed 25 years by 01.08.2005. However, relaxation of 5 years, 3 years and 5 years respectively was provided in favour of the candidates belonging to S.Cs & S.Ts, O.B.Cs and Central Government Servants & Ex-Servicemen.2. The petitioner submitted his application...
Prakash Rao and anr. Vs. Appellate Authority Under Payment of Gratuity ...
Court: Andhra Pradesh
Decided on: Mar-04-2008
Reported in: 2008(3)ALD521; 2008(3)ALT519; [2008(118)FLR156]; (2008)IIILLJ460AP
ORDERL. Narasimha Reddy, J.1. In these two Writ Petitions, similar questions fall for consideration, though one arises out of an appeal preferred under the provisions of the Payment of Gratuity Act, 1972 (for short 'the Gratuity Act') and the other under the A.P. Shops and Establishments Act, 1988 (for short 'the Shops Act'). The petitioners, in both the Writ Petitions, are the employees of private establishments.2. The petitioner in W.P. No. 16035 of 2007 was employed as a Manager in the Cement Manufacturers Association. After rendering service for about 13 years, he submitted his resignation. Alleging that his employer did not pay the gratuity due to him, he approached the authority i.e. Assistant Commissioner of Labour-III, Hyderabad, under the Gratuity Act. Through an order, dated 19.02.2007, the authority directed the employer of the petitioner i.e., the 2nd respondent in the writ petition, to pay a sum of Rs. 2,58,977/-. Aggrieved thereby, the 2nd respondent filed an appeal P.G.A...
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