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Andhra Pradesh Court February 2012 Judgments

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Feb 21 2012

Sri M. Abraham Vs. the Tahsildar, Kanaganapalli Mandal,

Court: Andhra Pradesh

Decided on: Feb-21-2012

O R D E R : 1. The writ petitioner is an authorized fair price shop dealer for shop No. 27 of Tagarakunta Village, Kanaganapalli Mandal, Anantapur District. His shop was inspected by the Deputy Tahsildar on 02.07.2011. A variation of 6.20 quintals of rice was found and hence, the Tahsildar, Kanaganapalli Mandal passed an order suspending the authorization of the writ petitioner in terms of the power available to him under Clause 5(7) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. The grievance of the writ petitioner is that, without either extending the period of suspension or getting the same confirmed by the disciplinary authority, namely the Revenue Divisional Officer, the writ petitioner is prevented from lifting and distributing the essential commodities after expiry of the 90 days period. The Andhra Pradesh State Public Distribution System (Control) Order, 2008 has been promulgated in exercise of the power available under Section 5 of the Essential ...


Feb 21 2012

The Government of Andhra Pradesh, Rep.by Vs. Shaik Ismail and Another

Court: Andhra Pradesh

Decided on: Feb-21-2012

THE HON'BLE SRI JUSTICE V. ESWARAIAH AND HON'BLE SRI JUSTICE K.G.SHANKAR WP No.23636 o21. 02.2012 The Government of Andhra Pradesh, rep.by its Principal Secretary, Department of Home, A.P. Secretariat, Hyderabad and 3 others Shaik Ismail and another Counsel for the petitioner: G.P. for services I Counsel for the Respondents: N. Ashok Kumar Goud for R-1. Cases referred:1. 2001 (6) ALT 55.2. (2008) 13 SCC 73.= (2009) 1 SCC (L&S3. (2010) 11 SCC 66.ORDER (per Hon'ble Sri Justice K.G. Shankar): The petitioners seek for a Writ of Certiorari to quash the orders of the Andhra Pradesh Administrative Tribunal (The Tribunal, for short) in O.A.No.4507 of 2009, dated 29.01.2010. The first respondent, who is an unemployed person, filed O.A.No.4507 of 2009 questioning the propriety of petitioners 2 to 4 herein in not appointing him to a post under the medical invalidation scheme.2. The father of the first respondent, by name Shaik Chand, was working as Assistant Sub-Inspector of Police, District ...


Feb 21 2012

Datla Panduranga Raju and Others Vs. Datla Venkata Krishnam Raju and O ...

Court: Andhra Pradesh

Decided on: Feb-21-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1098 o21. 2-2012 Datla Panduranga Raju and others .. Datla Venkata Krishnam Raju and others Counsel for petitioners : E. Phani Kumar Counsel for respondents : Government Pleader for Arbitration ORDER: This Civil Revision Petition arises out of order dated 21-11-2000 in L.R.A.No.58/1995 on the file of Land Reforms Appellate Tribunal-cum-IV Additional District Judge, East Godavari District, whereby she has confirmed order of the Land Reforms Tribunal, in L.C.C.No.1086/APM/75, dated 5-6-1995. The facts in brief, which are necessary for disposal of this Revision, are stated hereunder: One Bangaru Raju was the original owner of the properties. After his death, his wife filed declaration before the Land Reforms Tribunal (for short "the Primary Tribunal") on 11-4-1975. The Tribunal, by its order dated 19-2- 1994 determined that the declarant had surplus land to the extent of 0.2137 Standard Holding (SH). The declarant died on 13-7-19...


Feb 21 2012

Smt. S. Narayanamma Vs. the Commissioner and Director of Civil Sup

Court: Andhra Pradesh

Decided on: Feb-21-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 4408 o21. 02.2012 Smt. S. Narayanamma The Commissioner & Director of Civil Supplies,Hyderabad & others Counsel for the petitioner : Sri Uma Sankar Lokanadham Counsel for the respondents : GP for Civil Supplies ORDER : This Writ Petition is instituted questioning the validity of the orders passed on 25.10.2011 by the Revenue Divisional Officer, Tekkali restoring the authorization of the fair price shop run and managed by the 5th respondent of Srimukhalingam-I. The 5th respondent is an authorized fair price shop dealer of shop No.1 at Srimukhalingam Village of Jalumuru Mandal, Srikakulam District. On 28.11.2004, the Tahsildar, Jalumuru lodged a complaint against the 5th respondent holding that the 5th respondent was selling the essential commodities, namely rice, sugar and kerosene oil at a rate which is higher than the rate prescribed by the State Government. In view of the said complaint made by the cardholders, the Revenue D...


Feb 21 2012

Eclat Auto Packs (P) Limited, Rep. by It Vs. the Authority Under Minim ...

Court: Andhra Pradesh

Decided on: Feb-21-2012

THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR Writ Petition No.1354 o21. 02.2012 Eclat Auto Packs (P) Limited, Rep. by its Chairman and Managing Director Prince A. Anand The Authority under Minimum Wages Act and Asst. Commissioner of Labour, Hyderabad-I,RTC X Roads, Hyderabad and others Counsel for the Petitioner: Sri G. Vidya Sagar Counsel for Respondent No.1: GP for Labour Counsel for Respondents 2 to 10: --- Order: In this writ petition, the petitioner is challenging the award passed by the Authority appointed under the Minimum Wages Act, 1948 and Assistant Commissioner of Labour, Hyderabad-I, Hyderabad, in Case not MW/31/97, dated 31.12.1999. The only contention of the learned counsel for the petitioner is that even before passing the order by the above referred authority, the petitioner and the union have entered into an agreement on 31.03.1999 and as per the said agreement, the Union has agreed to withdraw the case pending before the authority and in spite of giving that assurance, Uni...


Feb 21 2012

Sri M. Abraham Vs. the Tahsildar, Kanaganapalli Mandal, Ana

Court: Andhra Pradesh

Decided on: Feb-21-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 4444 o21. 02.2012 Sri M. Abraham The Tahsildar, Kanaganapalli Mandal, Anantapur District & another Counsel for the petitioner: Sri Kothapalli Ram Mohan Chowdary Counsel for the respondents : GP for Civil Supplies Cases referred 1. (2004) 3 SCC 40.2. (2001) 3 SCC 48.ORDER : The writ petitioner is an authorized fair price shop dealer for shop No. 27 of Tagarakunta Village, Kanaganapalli Mandal, Anantapur District. His shop was inspected by the Deputy Tahsildar on 02.07.2011. A variation of 6.20 quintals of rice was found and hence, the Tahsildar, Kanaganapalli Mandal passed an order suspending the authorization of the writ petitioner in terms of the power available to him under Clause 5(7) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. The grievance of the writ petitioner is that, without either extending the period of suspension or getting the same confirmed by the disciplinary authority, namely the ...


Feb 21 2012

G.Dayanand Vs. the District Registrar and Other.

Court: Andhra Pradesh

Decided on: Feb-21-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.14963 OF 200.21.02.2012 G.Dayanand The District Registrar and other. Counsel for petitioner: Sri Domar Mundra Counsel for Respondents : GP for Revenue Cases referred AIR 197.AP 27.(SB) ORDER: The mother of the petitioner owned property, bearing Nos.9-4-65 to 68, 9-4-64/12 to 25 and 9-4-117, with cellar, ground and first floors, constructed over 513 sq. yards at Tolichowki, Hyderabad. It is stated that after the death of the mother of the petitioner, himself and his two brothers - G. Subhash and G. Satyanarayana, succeeded to it. The two brothers of the petitioner also died and the property is now owned jointly by the petitioner and the legal representatives of his brothers. The petitioner submits that recently the widow of one of his brothers, by name, G. Rajasree, expressed her willingness to release 1/3rd share in the property, in case she is paid Rs.20 lakhs. The petitioner is said to have agreed for that, and accordingly, a ...


Feb 18 2012

Sri Kamineni Sankara Rao Vs. the State of Andhra Pradesh, Rep. by Its

Court: Andhra Pradesh

Decided on: Feb-18-2012

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P. No. 4758 o18. 02.2012 Sri Kamineni Sankara Rao The State of Andhra Pradesh, rep. by its Secretary, Municipal Administration and Urban Development Department, Hyderabad & others. Counsel for the petitioner: Sri P. Durga Prasad Counsel for the respondents 1 to 3: GP for Municipal Administration Counsel for respondents 4 and 5: Ms. Shanti Neelam HEAD NOTE: ?Cases referred ORDER: This writ petition is filed seeking a writ of mandamus for declaring the orders contained in Memo dated 23-11-2012, issued by the Government of Andhra Pradesh in its Municipal Administration and Urban Development Department, observing that extension of lease by 25 years more in favour of the petitioner as not advisable, as bad in law. The Commissioner, Srikakulam Municipality, pursuant to a notice issued in his Rc.No.4241/2009/A4, conducted public auction for conferring the leasehold rights on two of the immovable properties, in the form and shape of kalyana Ma...


Feb 17 2012

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court: Andhra Pradesh

Decided on: Feb-17-2012

V.V.S.RAO, J.ORDER: 1. The petitioner assails the award dated 29.09.2011 in Lok Adalat Case No.1890 of 2011 passed by the Lok Adalat, Vijayawada, under Section 19 of the Legal Services Authorities Act, 1987 (the Act). Besides seeking a writ of certiorari to quash the impugned award, a consequential direction is sought to restore the first appeal, being A.S.No.128 of 2007, on the file of the Court of the VII Additional District and Sessions Judge, Vijayawada. The petitioner is a Society registered in 1969 in the name and style of M/s.Sri Durga Malleswara Educational Society (hereafter called, the Society). It was started with the object of establishing and running educational institutions, in furtherance of which, statedly the Society established such institutions including Sathavahana College at Vijayawada in 1971. 2. The Society entered into an agreement of sale dated 11.12.1971 with the second respondent for the purchase of land admeasuring Acs.2.94 cents in NTS No.13, Moghalrajapura...


Feb 17 2012

G. Darshan Vs. the Depot Manager, Apsrtc, Jeedimetla

Court: Andhra Pradesh

Decided on: Feb-17-2012

Order: 1. The petitioner has been seeking a direction in the nature of writ, order or direction more particularly one in the nature of writ of Mandamus directing the respondents to create supernumerary alternative post and appoint the petitioner in the alternative post or in the post of Shramik. 2. The petitioner was appointed as a Driver in the APSRTC on 04.08.1989. Even as seen from the counter filed by the respondents not even a single memo was issued to him during his service. Thus, it appears that the contention of the petitioner that he worked to the utmost satisfaction of his superiors has to be accepted. The petitioner was directed to undergo medical examination. He was found unfit for the post of driver, vide MC No.024487, dated 08.02.2006, due to defective distant vision. According to the respondents, the petitioner was retired from service on medical grounds with effect from 08.06.2006 under regulation 6-A(4) of the APSRTC Employees (Service) Regulations 1964. The further ca...


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