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Andhra Pradesh Court April 2008 Judgments

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Apr 18 2008

K. Ashok Kumar Reddy Vs. State of A.P. Rep. by the P.P.

Court: Andhra Pradesh

Decided on: Apr-18-2008

Reported in: 2008(1)ALD(Cri)995; 2008(2)ALT(Cri)202; 2008CriLJ2783

B. Seshasayana Reddy, J.1. This criminal appeal is directed against the judgment dated 13.01.2004 passed in Sessions Case No. 335 of 2002 on the file of IV Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder the learned Additional Metropolitan Sessions Judge found accused K.Ashok Kumar Reddy guilty for the offence under Section 417 IPC and convicted him accordingly and sentenced him to suffer simple imprisonment for six months and pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months.2. The prosecution case in brief is:- Accused K.Ashok Kumar Reddy and P.Prathima Devi were selected as Sub-Inspectors and underwent training in A.P. Police Academy, Hyderabad, during 1996-97. After training, the accused was posted as Sub-Inspector of Police in A.P.S.P., Vizianagaram, and P.Prathima Devi was posted as Mahila Sub-Inspector of Police, Kadapa. While they were under training, they got acquainted with each other. Incidentally they happen to b...


Apr 18 2008

G. Ganesh Vs. Apsrtc Rep. by Its Vice-chairman and Managing Director a ...

Court: Andhra Pradesh

Decided on: Apr-18-2008

Reported in: 2008(3)ALT152

ORDERL. Narasimha Reddy, J.1. The petitioner is working as a Security Guard in Gajuwaka Depot of A.P.S.R.T.C. On 17-3-2008, the Vigilance and Security Officer, A.P.S.R.T.C, Vizianagaram Zone, 2nd respondent herein issued an order of suspension and a charge sheet against the petitioner. In the charge sheet, it was mentioned that on 14-2-2008, the petitioner adduced false evidence against the Depot Manager, Gajuwaka, 3rd respondent herein, and that he misbehaved, by pointing out his left hand finger to him. On the basis of these allegations, the petitioner was placed under suspension, pending enquiry. The same is challenged in this writ petition.2. Heard S.M. Subhani, learned Counsel for the petitioner and Sri K. Madhava Reddy, learned Standing Court for the respondents.3. It is only in rare cases, that this Court would interfere with the orders of suspension. Where, however, the contents of an order of suspension, even if taken at face value, do not constitute any serious misconduct, th...


Apr 16 2008

Dr. R. Narayana Vs. Government of A.P. Rep. by Its Secretary, Home Dep ...

Court: Andhra Pradesh

Decided on: Apr-16-2008

Reported in: 2008(3)ALT450

ORDERV. Eswaraiah, J.1. Petitioner seeks a Writ of Mandamus to declare the action of the respondents as illegal and arbitrary and contrary to the Criminal Procedure Code and unconstitutional and to set aside FIR. No. 165 dated 24.10.2002 of Bhadrachalam Town Police Station.2. Petitioner submits that he studied MBBS and also completed Diploma course in Ophthalmology and he left a lucrative private practice and joined the Government service as Civil Assistant Surgeon on 20.11.1989 and intentionally opted for a posting in the tribal area. In 1995 he was posted to the Leprosy Control Unit, Area Hospital, Bhadrachalam, as a Medical Officer and was also kept in charge of the office of the Deputy District Medical and Health Officer, Bhadrachalam Division, as a medical officer of the cadre of Civil Surgeon was yet to be posted in the said office. While so, the Project Officer, ITDA, Bhadrachalam, who is the Officer of a different Department and is administratively not concerned with his job is...


Apr 15 2008

P. Mohan Ram Reddy Vs. Prohibition and Excise Superintendent

Court: Andhra Pradesh

Decided on: Apr-15-2008

Reported in: 2008(4)ALD416

ORDERV. Eswaraiah, J.1. Petitioner seeks to issue a writ of mandamus to declare Condition No. V(f) of Auction Notification of the respondent published in the District Gazette, Chittoor, dated 8.4.2002, and the action of the respondent in not refunding the advance amount of Rs. 1,50,000/- paid by the petitioner by way of DD as illegal and arbitrary and against the principles of natural justice and to direct the respondent to refund the said amount along with interest.2. It is the case of the petitioner that pursuant to the notification, dated 8.4.2002, issued by the respondent for grant of leasehold rights for sale of Indian Liquor, Foreign Liquor and Beer in retail under IL 24 licence for the lease year 2002-03, the petitioner submitted an application on 15.4.2002 along with challan for Rs. 5,000/- towards non-refundable application fee and also D.D. for a sum of Rs. 1,50,000/- towards 1/3rd of the annual licence fee. It is stated that he could not present on the date of selection fixe...


Apr 15 2008

Madireddy Seetha Ramayya and ors. Vs. R. Narayana and anr.

Court: Andhra Pradesh

Decided on: Apr-15-2008

Reported in: 2008(4)ALD584

P.S. Narayana, J.1. Heard the Counsel.2. The claimants being aggrieved of the quantum of compensation on the ground that the same is on the lower side had preferred this civil miscellaneous appeal. The Counsel on record made certain submissions - the learned Counsel representing the appellants contending that the quantum of compensation awarded by the Tribunal below cannot be said to be just and proper in the facts and circumstances of the case and on the contrary the learned Standing Counsel representing the Insurance Company/2nd respondent maintaining otherwise that in the light of the reasons recorded in detail, the findings as such cannot be found fault.3. The parties hereinafter would be referred to as shown in M.V.O.P. No. 1638/2000 on the file of II Additional District Judge, Visakhapatnam.4. It was averred in the O.P. that on 27.1.2000 at about 12.45 p.m. while the deceased along with her family members i.e., her husband, daughter, son-in-law and grand children was travelling i...


Apr 13 2008

Marri Pushpal Reddy Vs. Joint Collector and Licensing Authority and an ...

Court: Andhra Pradesh

Decided on: Apr-13-2008

Reported in: 2008(4)ALD336; 2008(4)ALT517

ORDERV. Eswaraiah, J.1. The petitioner, who is the Managing Partner of M/s. Sitara 70 MM theatre, Kalvakunta Village, Sangareddy Mandal and Municipality, Medak District, questions the order of the respondent-Joint Collector, dated 23.3.2004 in proceedings No. C2/CN/109/2004 in cancelling the 'No Objection Certificate' and the construction permission issued earlier vide proceedings dated 22.4.2003 and 31.8.2003 on the ground of violation of the Rule 8(B)(2) of the A.P. Cinemas (Regulation) Rules, 1970 (hereinafter referred to as 'the Rules').2. It is the case of the petitioner that the property in which the cinema theatre is sought to be constructed is situated in Sy. No. 224/4 of Kalvakunta Village and it belong to M/s. Srinivass 70 MM, which is a registered partnership firm and subsequently the said firm was reconstituted on 16.4.2003 under the name of M/s. Sitara 70 MM and the petitioner is the Managing Partner of the said reconstituted Firm.3. It is stated that the earlier firm made...


Apr 13 2008

M. Shanti Vs. Bharat Sanchar Nigam Ltd. a Government of India Enterpri ...

Court: Andhra Pradesh

Decided on: Apr-13-2008

Reported in: 2008(4)ALD523

ORDERL. Narasimha Reddy, J.1. A common question arises for consideration in all these writ petitions. Hence, they are disposed of through a common order.2. The petitioners are working as Stenographers in A.P. Circle of Bharat Sanchar Nigam Limited. All of them have been initially working in other Circles, but were transferred to A.P. Circle on various dates. The post superior to that of Stenographer is the Personal Assistant. The appointment to that post is made on the basis of performance of the candidates in the written test (Part-A) and skill test (Part-B). While 50% of the vacancies of that post are earmarked exclusively for the category of Stenographers in the Circle, the balance are for the other categories of the employees in the Circle.3. The third respondent issued a notification, dated 17.5.2007, proposing to conduct the written test for the post of Personal Assistants. On the basis of the relevant rules, it was mentioned that the Stenographers with five years of regular serv...


Apr 11 2008

District Collector and ors. Vs. Andhra Pradesh Archaka Samakhya Rep. b ...

Court: Andhra Pradesh

Decided on: Apr-11-2008

Reported in: AIR2008AP150; 2008(4)ALD1; 2008(3)ALT421

ORDERAnil R. Dave, C.J.1. In these applications, it has been prayed that interim relief, which has been granted in W.P.M.P. No. 13204 of 2006 in Writ Petition No. 10547 of 2006 on 30-5-2006, be vacated so as to enable the applicants and other government authorities to acquire lands, which are required for implementation of certain irrigation projects, which are stated hereunder:_______________________________________________________________________________________________S. No. Petition No. Project Name District Extent of land proposed to be acquired Acs. Cts._______________________________________________________________________________________________ 1) W.P.M.P. No. 27706 of 2007 Thotapalli Barriage Srikakulam 31.08 Project 2) W.P.M.P. No. 27707 of 2007 Pulichintala Project Guntur 964.29 3) W.P.M.P. No. 31240 of 2007 Gudimellalanka and East Godavari 37.98 Pasarlapudi Village +21.09 (Comprehensive Protected Water Scheme) 4) W.P.M.P. No. 34038 of 2007 Kandaleru Reservior Nellore 30.68...


Apr 11 2008

P. Sankaramma Vs. Government of Andhra Pradesh Rep. by Director of Med ...

Court: Andhra Pradesh

Decided on: Apr-11-2008

Reported in: 2008(4)ALD122; 2008(3)ALT584

ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted aggrieved by the action of the respondents in not considering the application of the petitioner for admission to the 1st year B.Sc. (Nursing course). The writ petitioner after having passed SSC (10th Class) examination conducted by the State Board of Secondary Education prosecuted the two year Multi Purpose Health Worker (Female) course conducted by the Board of Intermediate Education, Andhra Pradesh, Hyderabad. This course was considered as Intermediate (Vocational course). Since the petitioner secured more than 75% of marks in aggregate, she had been declared to have passed the said examination in 'A' grade in March, 2007. Writ Petitioner asserts that the curriculum for the Multi Purpose Health Worker (Vocational course) set by the State Institute of Vocational Education of the Board of Intermediate Education in no unmistakable terms indicated that the candidates who passed the said course without pursuing the 'Br...


Apr 11 2008

District Collector and anr. Vs. Maddukuri Joga Rao and ors.

Court: Andhra Pradesh

Decided on: Apr-11-2008

Reported in: 2008(4)ALD691

ORDERG. Rohini, J.1. These two review petitions are filed by the respondents in the writ petitions with a prayer to review the common order dated 9.2.2007 rendered in WP No. 26464 of 1996 and WP No. 6539 of 2006.2. The writ petitioners claim to be the owners of the land situated in Pavara Village, East Godavari District, which was acquired under the provisions of the Land Acquisition Act, 1894 (for short, 'the Act') for the purpose of providing house sites to the poor. It is not in dispute that the notification under Section 4(1) of the Act was published on 12.4.1984. The enquiry under Section 5A of the Act was dispensed with invoking the urgency clause under Section 17(4) of the Act and the declaration under Section 6 of the Act was published on 28.4.1984. Thereafter, possession was taken on 10.6.1984. However, WP No. 9314 of 1984 filed by the petitioners questioning the action of the respondents in invoking the urgency clause under Section 17(4) of the Act was allowed on 18.10.1985 h...


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