Andhra Pradesh Court August 2009 Judgments

Punadipadu Primary Agricultural Co-operative Credit Society Ltd. Vs. D ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT228

ORDERP.S. Narayana, J.1. In view of the interdependency and commonality of the questions involved, both these writ petitions are being disposed of by a common order.2. Heard Smt. Bobba Vijayalakshmi and Sri Venkateswarlu Posani and the learned Government Pleader for Cooperation and also Sri B. Adinarayana Rao, representing the parties in both these writ petitions.3. P.V.S. Ramabrahmam, writ petitioner in W.P. No. 7959 of 2008 prayed for issuance of a writ of Mandamus directing the respondents to pay gratuity amount of Rs. 2,81,375/- to the said writ petitioner along with interest at 12% with effect from 31.8.2002 and pass such other suitable orders.4. The said writ petitioner is the second respondent in W.P. No. 27578 of 2008. The Punadipadu Primary Agricultural Cooperative Society, third respondent in W.P. No. 7959 of 2008, is the writ petitioner in W.P. No. 27578 of 2008. The said writ petition was filed praying for issuance of a writ of Certiorari calling for records pertaining to t...

Gopavarapu Ramalinga Swamy Vs. Nimmala Kondalu and anr.

Court: Andhra Pradesh

Reported in: 2009(6)ALT204

ORDERL. Narasimha Reddy, J.1. The first respondent filed O.S. No. 6 of 2000 in the Court of the Junior Civil Judge, Macherla against the second respondent for recovery of certain amount. The suit was decreed on 05-09-2000. After the decree became final, he filed E.P. No. 121 of 2000 and, in the process, an item of immovable property was brought to sale. The sale proceeds of Rs. 82,500/- were deposited into the Court.2. The petitioner filed O.S. No. 126 of 2000 against the second respondent in the same Court for recovery of a sum of Rs. 64,000/-. That suit was decreed on 19-12-2000. During the pendency of the suit itself, he is said to have got attached the same item of immovable property under Order 38 Rule 5 C.P.C. On coming to know that the property was sold and sale proceeds were deposited, the petitioner filed E.A. No. 198 of 2001 under Section 73 C.P.C. He wanted the reteable distribution of the sale proceeds, along with the first respondent. The application was opposed by the fir...

K. Suguna Lakshmi Vs. Uco Bank and anr.

Court: Andhra Pradesh

Reported in: 2009(6)ALT630

ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted by the wife of a deceased employee of the UCO Bank, a Government of India undertaking. The husband of the writ petitioner, while working as an officer with the respondent UCO Bank, has been subjected to disciplinary proceedings and pursuant to an order passed on 23-12-1988 inflicting punishment of dismissal from service, his relationship with the UCO Bank has been brought to an end. Ultimately, the husband of the writ petitioner died on 18-09-1998. Since, the husband of the writ petitioner has contributed during the years of his service to the Provident Fund account bearing No. 5311, the amount outstanding therein is liable to be returned. It is the case of the writ petitioner that she has represented on several occasions for release of the said amount, but the bank officials have not released it on one pretext or the other. It is also asserted by her that the Regional Provident Commissioner at Bhubaneswar, who has ...

K. Bhagyamma (Died) Per Lr Vs. Government of A.P. Rep. by Its Principa ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT271

ORDERP.S. Narayana, J.1. This Court issued rule nisi on 23-1-2009 and in W.P.M.P. No. 1l51 of 2009 made the following order:There shall be interim stay of dispossession of the petitioner from his lands. However, this will not preclude the authorities from proceeding with the matter under the Land Acquisition Act for taking further steps, subject to the result of the Writ Petition.2. The Writ Petition was filed by one K. Bhagyamma and since the said Bhagyamma died, K. Munirathnam, the 2nd petitioner was brought on record as legal representative of the deceased writ petitioner as per order in W.P.M.P. No. 20630/2009, dt. 20-8-2009. Originally, the Writ Petition was filed as against R.1 to R.4. M/s. Sri City (P) Ltd., - R.5 came on record by virtue of an order made by this Court dt. 20-8-2009 in W.P.M.P. No. 8631 of 2009.3. The original writ petitioner -K. Bhagyamma filed this Writ Petition praying for a Writ of Mandamus declaring the action of the respondents in trying to dispossess the ...

Varun Motors Limited, Rep. by Its Managing Director, Siripuram and Oth ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.784/04 on the file of District Forum, Visakhapatnam, opposite party no.2 preferred F.A.No. 287/2006 and opposite party no.1 preferred F.A.No.1504/06. Since both these appeals arise out of a common C.D.No.784/04 they are being disposed of by a common order. The brief facts as set out in the complaint are that the complainant, an interior decorator and builder having passion for cars purchased Maruthi Esteem D1 Car on 12.10.2002 from the second opposite party and submits that since the date of purchase of the car the vehicle was giving him frequent troubles and stopped during running which could not be rectified even by service personnel of the opposite parties. Mileage of the vehicle has drastically fallen down and the opposite parties changed Calibrator but could not rectify the defect and one of the Service Engineer by name G.Prasannan even drove the vehicle for trial for a distance of 20 Kmts. and on hi...

Chalapathi Chit Fund Private Limited, Rep. by Its Manager /Foreman Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.D.No. 232/2001 on the file of District Forum, Guntur, opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant joined as a subscriber with the opposite party Chit Fund Company for a chit value of Rs.3 lakhs each under chit nos. ST-2R-4 and ST-2R-14 payable in 30 monthly instalments of Rs.10,000/-. The complainant paid 15 instalments regularly but some payments were not entered in the pass book. The complainant did not pay monthly instalments of January and February 2001 due to oversight and sent two cheques for these two months. But the opposite party returned these two cheques saying that they have allotted the chits to somebody else and that the complainant was terminated and threatened to adjust the amount towards some other chit in which the complainant stood as surety. The complainant requested them to receive the instalments with interest and continue he...

R.J.R.M. Degree College Rep. by Its Correspondent Vs. Government of An ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT694

ORDERG. Rohini, J.1. The petitioner herein is a degree college located in Maripeda Village and Mandal in Warangal District.2. This writ petition is filed seeking a declaration that the permission granted by the first respondent - Government of A.P.-vide G.O.Ms. No. 22 dated 28-02-2009 for establishment of a Government Degree College at Maripeda Mandal in Warangal District for the academic year 2009-2010 is arbitrary and illegal.3. It is contended by the petitioner that establishment of a new Degree College in Maripeda Mandal is contrary to the Andhra Pradesh Educational Institutions Establishment, Recognition, Administration and Control of Institutions of Higher Education Rules, 1987 made under G.O.Ms. No. 29 dated 05-02-1987. It is also contended that in the absence of a notification by the second respondent - A.P. State Council for Higher Education - inviting proposals to establish a new college, the first respondent ought not to have granted permission under the impugned order.4. A ...

Government of Andhra Pradesh Rep. by Principal Secretary, Finance and ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT34

ORDERV. Eswaraiah, J.1. This writ petition is filed challenging the order dated 25-04-2001, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 2805 of 2001, whereby it directed the writ petitioners to regularize the services of the respondent herein in terms of G.O.Ms. No. 212, Finance and Planning (FW.PC.III) Department, dated 22-4-1994 and G.O.(P). No. 112, Finance and Planning (FW.PC.III) Department, dated 23-07-1997.2. The Government of Andhra Pradesh issued G.O.Ms. No. 212, dated 22-04-1994, and by the said G.O., the Government decided that the services of such persons who worked continuously for a minimum period of 5 years and are continuing as on 25-11-1993 be regularized by the appointing authorities subject to fulfilment of the following conditions:(1) The persons appointed should possess the qualifications prescribed as per rules in force as on the date from which his/her services have to be regularized.(2) They should be within the age limits on the...

Vadada Ganeswara Rao and anr. Vs. Mummidisetti Vijaya Chamundeswari an ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT195

ORDERL. Narasimha Reddy, J.1. The petitioners in CRP. No. 3435 of 2003 filed O.S. No. 44 of 2000 against the respondent in the Court of junior Civil Judge, Salur, for refund of the amount covered by an agreement of sale. The petitioners in CRP. No. 3471 of 2003 filed O.S. No. 45 of 2000 in the same Court against the respondents for identical relief. The respondents filed written statements and raised several objections including the one of territorial jurisdiction. The trial Court framed identical issues in both the suits.2. The respondents filed I.A. Nos. 127 and 126 of 2002 under Order 14 Rule 2 CPC with a prayer to decide the question of limitation, and territorial jurisdiction covered by issues 2 and 4 as preliminary issues. Accordingly, the trial Court took up those issues, without recording evidence. The question as to limitation was not touched. It was, however, held vide separate orders, dated 30.06.2003, that the trial Court does not have territorial jurisdiction, since the ag...

Mohd. ShareefuddIn Vs. Regional Manager, Apsrtc, Secunderabad City Reg ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT246

ORDERP.S. Narayana, J.1. The matter is coming up for admission.2. Sri K. Madhava Reddy, learned Standing Counsel takes notice on behalf of respondents 1 and 2. Sri P. Venkateswar Rao, learned Counsel representing the petitioner would maintain that in the light of the view expressed in M. Rama Rao v. Asst. Traffic Manager, APSRTC, Hyderabad and Anr. : 1998 (2) ALT 534 : 1998 (3) ALD 76 and also Mohd. Hameeduddin v. Regional Manager, APSRTC, Mahaboobnagar Region at Mahaboobnagar, A.P. and Anr. in W.P. No. 12380 of 2009 the relief prayed for in the present writ petition is to be granted. Sri K. Madhava Reddy, the learned Counsel representing the respondents would submit that it is true that in similar matters, such relief had been granted.3. The writ petition is filed for a writ of Mandamus declaring the action of the respondents in not paying the gratuity amount to the petitioner for his out of employment period (i.e., from 18-5-1973 to 8-2-1978) concerned with his removal as illegal, ba...