Andhra Pradesh Court March 2009 Judgments

P. Sambasiva Rao Vs. Joint Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(4)ALT654

ORDERL. Narasimha Reddy, J.1. The land in survey Nos. 123, 133, 134, and 142 of Mankhal Village, Maheshwaram Mandal, Ranga Reddy District, admeasuring about 60 acres was owned by Sri Janardhan Pershad. He sold the same in favour of Sri Amritlal and Jivanda Kotecha, through sale deed, dated 14-05-1965. Kotecha, in turn, sold the land in favour of Rameshchandra Mehta and 7 others, through sale deed, dated 23-04-1966. Respondents 4 to 8 are said to have purchased the land from Mehta and others under an unregistered document on 30-03-1988. One of the sons of Janardhan Pershad, by name, Bala Pershad, who was said to be minor in the year 1965, executed an agreement of sale, dated 19-09-1993, in respect of Acs.46.22 guntas of land, in the above survey numbers, in favour of the petitioner.2. Respondents 4 to 8 filed an application under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'), before the Tahsildar, Maheswaram, the 3rd respondent herein, wi...

Chakali Narasappa and ors. Vs. K. Ramanna and ors.

Court: Andhra Pradesh

Reported in: 2009(5)ALT33

V.V.S. Rao, J.1. These two appeals - one by United India Insurance Company Limited (insurer) and the other by dependents of the deceased (claimants) - are being disposed of by this common order, as it would be convenient to do so. The parties are referred to as they are arrayed in C.M.A. No. 1289 of 2004 (sic. Insurer's) (claimant's appeal).2. Chakali Narasimhulu, resident of Julakal village in Kurnool District died in a motor accident on 15-11-2001 when he and three others were going in the lorry as labourers for loading groundnut. At about 7.30 p.m., lorry reached Kilometer stone No. 181/8 on N.H.7, the lorry fell to left side. Chakali Narasimhulu died on the spot. His parents (respondent Nos. 1 and 2 herein), his second wife (third respondent herein) and his son (minor son) through second wife filed M.V.O.P. No. 339 of 2002 claiming compensation of Rs. 3,50,000/- before the Motor Accidents Claims Tribunal-cum-Additional District Judge, Kurnool. It was alleged in the petition that Ch...

Northern Power Distribution Company of A.P. Ltd. and Others Vs. Yedell ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

R. Laxminarsimha Rao, Member: Oral: 1. This appeal is filed by the opposite party aggrieved by the order of the District Forum, Khammam passed on 13.6.2008 in C.C. No. 717 of 2007. 2. The respondent filed complaint before the District Forum stating that his wife died due to electrocution on 17.4.2006 at about 6.30 a.m. when she was fetching water from a nearby bore-well, the live wire along with GI wire came into contact with her causing her death. Further it was stated that the appellant laid service wire to the house of Doppalapudi Siromani whose house was adjacent to the house of respondent and the service wire was laid basing on wooden pillers as the distance between the electric pole and the house of Siromani is about 160 mts. The power was passing through the live wire and also through galvanized iron wire and both the wires were hanging at an height of 5 ft from the ground. In spite of request made for several times the appellant had not made any alternate arrangement to the woo...

Ajeya Bharat Party, Rep. by Its National President Ambati Krishna Murt ...

Court: Andhra Pradesh

Reported in: AIR2009AP155; 2009(3)ALT539

ORDERV. Eswaraiah, J.1. Ajeya Bharat Party, the petitioner herein seeks to issue a Writ of Mandamus, declaring the action of the Chief Election Commissioner, Election Commission of India, New Delhi and the Electoral Officer & E.O, Principal Secretary to Government, General Administration (Elections) Department, 'H' South Block, A.P.Secretariat, Hyderabad in allowing the 3rd respondent-Praja Rajyam Party, represented by its President, Konnedala Shiva Shankar Vara Prasad @ Mega Star Chiranjeevi to use the petitioner's flag design with symbol, colour and slogan 'Prajala Rajyam' widely in public meetings including electronic media, which belong to the petitioner registered political party, as illegal, unconstitutional and contrary to the Representation of the People Act, 1950 (hereinafter referred to as 'the RP Act').2. It is stated that the petitioner is a registered political party, registered under Section 29A of the RP Act in the year 1998. It is not a recognized party and therefore, n...

O. Hima Bindu Vs. Bharat Petroleum Corporation Ltd. and anr.

Court: Andhra Pradesh

Reported in: 2009(3)ALT655

L. Narasimha Reddy, J.1. M/s Burmah-Shell Oil Storage and Distribution Company India Limited, has taken on lease, an extent of 300 sq. yards of land in Sy. No. 145/2 of Piler Town from Sri C. Ramaswamy Reddy, on 06-10-1964, for a period of 30 years, and established a petroleum outlet in the land. That company was nationalized through an Act of Parliament i.e. Burmah-Shell (Acquisition of Undertakings in India) Act, 1976 (for short 'the Act'). M/s Bharat Petroleum Corporation Limited, the 1st respondent herein, became its successor. Ramaswamy Reddy gifted the land in favour of his grand-daughter, C. Nirupama.2. Section 5 of the Act provides for renewal of the lease, in case the Central Government or the Government Company desires for such renewal. The 1st respondent, through its Territory Manager, the 2nd respondent herein (for short 'the respondent') addressed letter dated 14-06-1993 to Ramaswamy Reddy, requesting him to know, as to when it will be convenient for him to register the le...

Kallem Chendraiah and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Reported in: 2009(3)ALT414

ORDERGoda Raghuram, J.1. Of the 24 petitioners herein, petitioners No. 2, 3, 4, 5, 7, 8, 9, 11, 14, 15, 16, 17 and 24 are aged 35 years, 23 years, 24 years, 19 years, 26 years, 30 years, 19 years, 31 years, 16 years, 14 years, 12 years, 19 years and 32 years, respectively (as on the date of filing of the writ petition, in the year 2002). The petitioners challenge the order of the 1st respondent-District Collector, Khammam dated 25.4.2002 cancelling Migration-cum-Caste Certificates certifying the petitioners as belonging to a Scheduled Tribe (Lingadhari Koya or Koya, as the case may be) issued by the M.R.O., Cherla Mandal and directing initiation of criminal action as per the provisions of the A.P. (SC, ST and BC) Regulation of Issue of Community Certificates Act, 1993 ('the Act') and the relevant Rules of 1997, against the petitioners.2. The petitioners claim that they belong to the Lingadhari Koya community a Scheduled Tribe and are presently residing in different Mandals of Ranga Red...

General Manager, South Central Railway and ors. Vs. B. Moses

Court: Andhra Pradesh

Reported in: 2009(5)ALT142

ORDERGhulam Mohammed, J.1. This Writ Petition has been filed challenging the order dated 2.9.2008 passed in O.A. No. 285 of 2006 on the file of the Cnetral Administrative Tribunal, Hyderabad, by virtue of which, the Tribunal allowed the O.A.2. Brief facts of the case are that the petitioner approached the Tribunal challenging the order dated 6.7.2005 passed by the Reviewing Authority, by virtue of which Reviewing Authority modified the punishment imposed by the disciplinary authority from reduction of pay to Rs. 8,300/-from basic pay of Rs. 8,650/- in scale of Rs. 5,500-9,000 to 'reduction of pay to Rs. 8,475/- from basic pay of Rs. 8,650/- in the same scale till the date of retirement of the employee i.e. 31.8.2005 with cumulative effect for retirement benefits'.3. Brief facts of the case are that the respondent was working as P.W.I/Grade-III/C/SC in construction wing and he was transferred by an order dated 27.10.1992. He handed over the charge of the jurisdiction to his successor Sr...

Dr. Radhika Vs. B. Rajender (Died) and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. This is an appeal preferred by the opposite party a dentist against the order of the Dist. Forum directing her to pay compensation of Rs. 2 lakh besides costs. 2. The case of the complainant, since died is that he worked as a wireman in Ordnance Factory at Medak. The appellant is a dental surgeon attached to the Ordnance Factory. Since he was suffering from toothache, he was taking treatment in the factory hospital, and when it became acute he was referred to appellant. While so on 26.6.2001 at 8.30 a.m. he had acute pain on the 6th left tooth. The appellant advised him to take pain killers and reviewed on two occasions. When the pain was not controlled X-Ray was taken and basing on the report, the appellant advised for extraction of left 6th tooth. On 20.11.2001 the said tooth was removed. Later 7th tooth started giving pain and when it became acute he approached the appellant. Without conducting any tests, however applying local anaesthesia a tooth wa...

S. Ashok Kumar Vs. Andhra Bank and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. Appellant is unsuccessful complainant. 2. The case of the complainant in brief is that he had an account in R 1 Andhra Bank, Bantumilli. He presented three cheques dated 15.11.2000 for Rs. 15,000, dated 5.11.2000 for Rs. 20,000 and dated 20.10.2000 for Rs. 20,000 issued by Ramkashyap Chit Funds, Machilipatnam for realization of amount, and crediting into his account. When contacted the said bank informed that it had sent the cheques for collection. When it did not inform, he issued registered notice, however, they did neither give reply nor realized the amount under the cheques, and therefore he was entitled to an amount of Rs. 55,000 together with compensation of Rs. 20,000, interest and costs. 3. R1 bank resisted the case. While admitting that the complainant was having an account with it, and that he presented the cheques in question, it alleged that in turn, it had sent the cheques to Andhra Bank, Pattabhi Road Branch, Machilipatnam for collection t...

M. Virupaksha Dattatreya Gowda S/o. B.R.D. Gowda presently working as ...

Court: Andhra Pradesh

Reported in: 2009(3)ALT240

ORDERV. Eswaraiah, J.The petitioners twelve in number are the Senior Civil Judges, working in Andhra Pradesh Judiciary, seeking to issue a writ of mandamus, declaring the action of the High Court of Andhra Pradesh and the Government of Andhra Pradesh in not filling up the vacancies of District and Sessions Judges under Andhra Pradesh State Judicial Service Rules, 2007 simultaneously from among the direct recruitment, accelerated recruitment by transfer and recruitment by transfer among the Senior Civil Judges is irrational and arbitrary and direct them to fill up 39 posts of District and Sessions Judges by accelerated recruitment by transfer/recruitment by transfer from among the Civil Judges (Senior Division), simultaneously along with 13 posts of the District and Sessions Judges (Entry Level) by direct recruitment.1. It is the case of the petitioners that they are initially appointed as Civil Judges (Junior Division) and subsequently promoted as Civil Judges (Senior Division). Senior...