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Andhra Pradesh Court June 2010 Judgments

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Jun 17 2010

Smt.Adduri Surya Subhadrayyamma Vs. Kakindada and Others.

Court: Andhra Pradesh

Decided on: Jun-17-2010

The petitioner assails the order vide proceedings dated 08.10.2002 of the first respondent, namely, the District Collector (Panchayat Wing), Kakinada. In purported exercise of power under Section 265(1) of the Andhra Pradesh Panchayat Raj Act, 1994, the first respondent surcharged the petitioner and directed to recover an amount of Rs.68,309/-. The admitted facts are as follows. The petitioner was elected as Sarpanch of Laxminarsapuram in 1995 when the Office of Sarpanch was reserved for Women (General). Her term expired in October 2000. Though elections were held in June 2001 she could not contest as the Office of Sarpanch of the Village was earmarked for Open Category (General). Be that as it is, in 2000 elections the fifth respondent was elected as Sarpanch. He lodged a complaint alleging various irregularities committed by the Gram Panchayat during the tenure of the petitioner. In response thereto, the first respondent issued a show cause notice in Roc.No.1917/2002A1. The same was ...


Jun 17 2010

A.Rajendra Naidu Vs. the Bharat Petroleum Corporation Limited.

Court: Andhra Pradesh

Decided on: Jun-17-2010

1.This Writ Petition is filed assailing the action of the 2nd respondent i.e. Dealer Selection Board in recommending and placing the respondent Nos.4 and 5 above the petitioner in selection panel for eventual appointment of the 4th respondent as L.P.G. Distributor in the open category for Chittoor town, as illegal and arbitrary. 2. Bharat Petroleum Corporation Limited (for brevity, 'Corporation') issued a public notification in Eenadu daily newspaper dated 16-08-2000 inviting applications for appointing L.P.G. Distributors at Chittoor from the qualified persons. The qualifications as per the notification are : an applicant should be a citizen of India; he should not be less than 21 years or more than 60 years old as on the date of application; the applicant should have completed matriculation or its equivalent and should be a local candidate and where applicants are from more than one District, preference would be given to the applicants belonging to the same revenue districts where di...


Jun 17 2010

Tirumala Tirupati Devasthanam. Vs. the Authority Appointed Under the P ...

Court: Andhra Pradesh

Decided on: Jun-17-2010

Tirumala Tirupati Devasthanam, the petitioner herein, feels aggrieved by the registration of a case against it under the provisions of the Payment of Wages Act (for short 'the Act'), before the 1st respondent, at the instance of the 2nd respondent. The Devasthanam has a separate Forest Wing. It appears that about 300 persons have been engaged in the year 1988. However, they were discontinued, after sometime. Efforts were made by the persons, so engaged, to get themselves reappointed or reinstated. The matter was agitated before the Government as well as the Trust Board of the Devasthanam. The Government issued memo, dated 06.01.2005, giving certain directions to the Board. The Board, in turn, passed a resolution, on 24.10.2005, for allotment of work to about 300 former mazdoors. The resolution, however, was not implemented. Correspondence ensued in this regard. The persons for whose benefit the resolution was passed, constituted themselves into a society, and that they, in turn, filed ...


Jun 16 2010

Manepalli Venkata Sreerama Murthy and Another Vs. Garlapati Lakshmana ...

Court: Andhra Pradesh

Decided on: Jun-16-2010

The respondent filed O.S.No.107 of 2008 in the Court of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada, against the petitioners for the relief of specific performance of an agreement of sale, dated 13-01-2007, and for a mandatory injunction for demolition of the structures, existing on the suit schedule property. The petitioners filed a written-statement, denying the plaint allegations and opposing the suit. The trial Court framed the issues and the trial of the suit commenced. The respondent sought to file the Photostat copy of the agreement of sale, dated 13-01-2007. It was pleaded that the original document was handed over to an Advocate, by name, D.P. Ramakrishna, for preparation of notice, and for drafting the pleadings, and that in spite of repeated requests, the said advocate did not return the original. The petitioners raised an objection for taking the xerox copy of the document, on record. According to them, though there is no dispute as to the exec...


Jun 16 2010

Tandra Venkateshwar Rao Vs. the Jagtial Municipality and Another

Court: Andhra Pradesh

Decided on: Jun-16-2010

The petitioner owns landed property in Jagtial. Initially, he constructed a cinema hall thereon. Thereafter, he submitted an application in the year 1979 to the Municipality with a request to accord permission to construct a shopping complex abutting the road. The permission was accorded on 06/02/1979 for construction of 11 shops with one room behind each shop. The petitioner commenced the construction, however, he could not complete the same within the stipulated time. He submitted an application together with approved plan on 02/07/1983 with a request to grant permission to complete the construction of the ground floor as per the plan sanctioned on 06/02/1979 and to construct first floor thereon. The respondents rejected the same. The petitioner filed O.S.No.150 of 1983 in the Court of District Munsif, Jagtial, for the relief of mandatory injunction in the form of direction to the respondents to accord permission for completion of the construction of the ground floor and constructio...


Jun 16 2010

Pamkuntla Pratap Reddy and Another Vs. State of Andhra Pradesh and ors ...

Court: Andhra Pradesh

Decided on: Jun-16-2010

1.In this revision petition, order dated 14-09-2009 passed by the Revenue Divisional Officer and Sub-Divisional Magistrate, Mahabubnagar in case No.M/2954/2009 is in question. It was an order passed by the Sub-Divisional Magistrate in exercise of powers under Section 147 Cr.P.C. directing the petitioners 1 and 2 not to cause any obstruction to the passers through cart track lying in survey Nos.330/A to 331 and 338 of Kondareddypally Village. The petitioners are owners of lands in the above survey numbers. The Sub-Divisional Magistrate passed the impugned order on a petition filed by the respondents 2 to 4 herein. 2. Main grievance of the petitioners is that the Sub-Divisional Magistrate passed the impugned order without notice to them and without following the procedure prescribed by Section 147(1) Cr.P.C. On the other hand, the counsel for respondents 2 to 4 contends that though the impugned order does not read giving of notice to the petitioners 1 and 2, but there is indication in th...


Jun 16 2010

P. Sathiyya Naidu Vs. the Superintendent of Police, Hyderabad and Othe ...

Court: Andhra Pradesh

Decided on: Jun-16-2010

At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.This Writ Petition is filed for a Mandamus to direct the respondents to close rowdy sheet No.293/Rowdy/2007, dated 31-03-2007, opened against the petitioner.The petitioner is a press reporter by profession. He was working in Vartha telugu daily newspaper. According to him, he wrote a news item against respondent No.3. The petitioner alleged that as an act of reprisal, respondent No.3 registered Crime No.13 of 2007 by falsely implicating him as accused No.2 therein on 07-02-2007 and later, opened a rowdy sheet against him on 31-03-2007 and the same was followed by registration of another Crime being Crime No.61 of 2007 on 18-06-2007 binding over the petitioner under Section 110 (e) of Cr.P.C. According to the petitioner, the action of respondent No.3 in opening a rowdy sheet is wholly vindictive and the same cannot be sustained in law.In the Counter-...


Jun 16 2010

M/S. Narne Estates Pvt. Ltd Vs. A. T. V. Ramana Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-16-2010

(As per Sri Syed Abdullah, Honble Member) These Revisions are arising out of separate orders passed in IA 191/2008 in EA 46/2008 in CC 711/2007 and in IA 192/2008 in EA 48/2008 in CC 710/2007 where under the District Forum had dismissed the petitions on the ground that there is no stay obtained from the State Commission and thereby held that the petitions are not maintainable. Questioning the legality and propriety of the orders to recall the NBWs issued in CC 711/2007 and CC 710/2007, these appeals are filed challenging the orders as erroneous and sought them to be set aside. Both these revisions are being disposed of by common order as the point involved in both the cases is common. The revision petitioners are the opposite parties in both the complaints CC 711/2007 in CC 710/2007. OPs filed IAs in pending EA 46/2008 and EA 48/2008 in the respective CCs 711/2007 and 710/2007 stating that the petitioner had preferred an appeal before the State Commission and the said matter is pendin...


Jun 16 2010

Convener/Vice-chancellor and Another Vs. G. Ravi Kumar

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-16-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The opposite parties in C.D. No. 74 of 2006 on the file of District Forum Warangal are the appellants. Brief facts of the case as narrated by the respondent are that he applied for ICET 2001 conducted by the appellant no.1. He was allotted hall ticket bearing No.2580. The respondent was qualified in the entrance test and he was provisionally admitted into M.Sc (Computer Science). The appellant no.2 informed the respondent that he should pay Rs.20,450/- towards admission fees for the course on 9.11.2001. An admission slip bearing no.2813 dated 8.11.2001 was issued by the opposite parties. The complainant was given admission in Priyadarsini College at Khammam and subsequently he was transferred to Tushara P.G.College, Rampur, Warangal in sliding on 19.12.2001. Admission intimation was not sent to Priayadarsini College, Khammam or Tushara P.G.College Warangal. The principal of Tushara P.G.College Warangal issued letter dated 8.1.2002 to ...


Jun 16 2010

Kavitha Nilayam Flat Owners Welfare Association Vs. M/S. Boppana Const ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jun-16-2010

(As per Sri Syed Abdullah, Honble Member) The appellant is the unsuccessful complainant in C. D. 548/2005 before the District Forum II, Hyderabad, wherein, the complainant filed seeking a direction against the opposite parties to supply all the relevant documents including link documents pertaining to the land bearing No. 1, 2 and 3 in Layout Survey No. 30, 31 and 34 admeasuring 600 Sq. yards at Subash nagar, Yellareddyguda, Hyderabad was dismissed. The impugned order is assailed as erroneous and sought it to be set aside. The facts of the case disclose that the complainants are the flat owners and they formed as an Association in respect of the flats purchased in Kavitha Nilayam situate at Subash nagar, Yellareddyguda, Hyderabad which was built by OP. 1 firm and sold to them. It is stated that 11 flats were purchased by the owners and the same were registered on different dates by taking possession of the same. Individual owners of the flats have requested the opposite parties to sup...


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