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Andhra Pradesh Court March 2012 Judgments

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Mar 28 2012

irrinki Srinagesh. Vs. State of A.P., Rep. by Its Chief Secreta

Court: Andhra Pradesh

Decided on: Mar-28-2012

THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE K.S.APPA RAO W.P.No.32882 o28. 03.2012 Irrinki Srinagesh. State of A.P., rep. by its Chief secretary to Government, General Administration Department, Secretariat, Hyderabad and others. Counsel for the petitioner: Sri N. Ashwani Kumar Counsel for respondent Nos.1 to 3: Advocate General Counsel for respondent Nos.4 to 6:Standing Counsel for Central Government. Counsel for respondent Nos.7 to 10: Sri B. Adinarayana Rao Counsel for respondent Nos.11 to 13 Sri M.S.Ramachandra Rao Counsel for respondent No.14: Sri P. Venugopal. Counsel for respondent Nos.15 & 16: Sri Balanaga Srinivas Gist: Head Note: Cases referred:1. 2002(3) ALD 64.(DB2002. 1) ALT 52.(DB2002. 6) ALD 26.(DB) 4 (1999) 6 SCC 3.5 (2008) 1 SCC 36.6 AIR 198.SC 207.7 (1997) 3 SCC 26.ORDER (Per the Hon'ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the legality and validity of the interim order dated 07.12.2011 passed in O.A.No.1183 o...


Mar 27 2012

The State Represented by the Dy. Superintendent of Police, Spe, Cbi Vs ...

Court: Andhra Pradesh

Decided on: Mar-27-2012

This petition is filed by Deputy Superintendent of Police, SPE, CBI, Hyderabad, under Section 439 (2) r/w 482 Cr.P.C. to call for the records relating to the docket order, dated16-03-2012 passed in RC.18 (A)/2011-C.C.06 of 2012 on the file of the learned Special Judge for CBI Cases at Hyderabad and quash the same. 2. The respondent (A1) is the accused for the offences punishable under Sections 120-B r/w 420 , 409, 420 and 477-A IPC and 13 (2) r/w 13 (1)(c) and (d) of Prevention of Corruption Act, 1988. The docket order, dated 16-03-2012 reads that the case was taken on file on 09-03-2012, that no sanction was obtained for A1 and A11, that on 09-03-2012, the learned Deputy Legal Advisor submitted that filing of charge sheet without sanction orders is not proper, that the matter is posted to today i.e., on 16-03-2012 for further hearing and also for getting sanction orders from the Government and that the sanction orders passed against A1 and A11 are available. The charge sheet was filed...


Mar 27 2012

Mrs. P. Jeyashree Prabhakar Vs. District Educational Officer, Visakhap ...

Court: Andhra Pradesh

Decided on: Mar-27-2012

1. The petitioner is landlady of the 2nd respondent who is stated to be running a Play School under the name and style of “Teeny Boppers” in the tenanted premisis at Visakhapatnam. It is alleged that even after the expiry of the lease period on 24.12.2005, the petitioner is continuing to occupy the premisis and is running Play School without obtaining necessary permission from the Education Department. When the petitioner addressed a letter to the District Educational Officer, Visakhapatnam under Right to Information Act, Deputy Inspector of Schools, Urban Range, Visakhapatnam informed the District Educational Officer, Visakhapatnam by letter, dated 14.02.2012 to the effect that “Teeny Boppers” is being run as Play School and that opening permission has not been granted as per A.P.Educational Act by the District Educational Officer, Visakhapatnam. Therefore, the Deputy Inspector of Schools requested the District Educational Officer for further action in this mat...


Mar 27 2012

Vadiyala Prabhakar Rao and Others Vs. the Government of Andhra Pradesh ...

Court: Andhra Pradesh

Decided on: Mar-27-2012

The petitioners 1 to 9 being aggrieved by order dated 19.05.2003 passed by the Joint Collector, Khammam on their claim petition for deletion of their patta lands to an extent of Ac.600-00 in S.No.81 of Kalavalanagaram village in erstwhile Palvancha Taluk of Khammam District from reservation of forest block of Kalavalanagaram, approached this Court with this writ petition under Article 226 of the Constitution seeking Mandamus declaring the said order as illegal etc., 2) The impugned order dated 19.05.2003 of the Joint Collector, Khammam in Case No.B2-6359/87 gives certain details of the events which lead the Joint Collector to pass the impugned order. An extent of Ac.717.18 guntas of land in S.No.81 of Kalavalanagaram village of Pinapaka Mandal was proposed for reserving in forest block, Kalavalanagaram. The said forest block was notified under Section 4 of the Hyderabad Forest Act I of 1355F vide G.O.Ms.No.409/GAD/GK/III/58, dated 27.10.1949 and published in the State Gazette No.21, da...


Mar 27 2012

K. Achamma Vs. Venkateswara University and Another

Court: Andhra Pradesh

Decided on: Mar-27-2012

ORAL ORDER: The petitioner filed W.P.No.18949 of 2011 seeking regularization of services. This Court passed an elaborate order on 19.7.2011 in the said writ petition directing the respondents to consider the case of the petitioner and pass appropriate orders in accordance with the rules and regulations of it, within a period of six weeks from the date of receipt of a copy of the said order and to communicate the same to the petitioner. Now, the respondents have communicated a memo No.EI(3)/2011 dated 29.10.2011 to the petitioner, stating that the request of the petitioner for change of her date of regularization of service from the date of regularization of service to her juniors is not complied with. The learned Standing Counsel for the 1st respondent submits that the services of the petitioner were regularized with effect from 1.6.2005 as per the permission of the Government. The learned counsel for the petitioner submits that, in fact, the first respondent has not obtained any such ...


Mar 27 2012

United India Insurance Co. Ltd. and Others Vs. N. Srinivas Goud and Ot ...

Court: Andhra Pradesh

Decided on: Mar-27-2012

Common Judgment: These three appeals have been filed by the United India Insurance Company Limited, which is the second respondent in the claim petition before the Tribunal and the cross objections have been filed by the claimants in each case against the award dated 26.10.2006 passed by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Medak at Sangareddy in O.P.Nos.348, 347 and 343 of 2004. 2. I have heard the learned standing counsel for the insurance company and the learned counsel appearing for the claimants/cross objectors. 3. The brief facts leading to filing of the claim petitions before the Tribunal under Section 166 of the Motor Vehicles Act by the claimants in each case may be stated as follows: On the intervening night of 30/01.05.2004 while the deceased viz. Sara Prabhu, his wife Andolamma, his daughter Sara Soni and his son were returning on Luna moped bearing No.APB 3335 after attending a function, and when they reached the outskirts of Sadasivapet tow...


Mar 27 2012

Syed Yaqoob, R.R. District Vs. Spl. Dy. Collector (Land Acquistion), R ...

Court: Andhra Pradesh

Decided on: Mar-27-2012

Petitioner No.1 was assigned an extent of Acs.3.21 guntas of land in Survey No.134/1 of Chinnagollapally Village, Shamshabad Mandal, Ranga Reddy District.  The entire Villages of Chinnagollapally, Ananthareddyguda, Galvaguda and Maqtha Bahadur Ali were affected on account of the establishment of International Airport at Shamshabad.  Petitioner No.1, however, was not paid ex gratia on the ground that there is a dispute as to overlapping of land in Survey No.134/1 with that of the land in Survey Nos. 23 and 24 of Ananthareddyguda Village.  The petitioners contend that from the date of assignment of the land, they are in possession and enjoyment of the same till the date of resumption and that there is absolutely no basis for the respondent in denying the ex gratia. The respondent filed a counter-affidavit. The fact that petitioner No.1 was assigned Acs.3.21 guntas of land in Survey No.134/1 is admitted.  The only reason for not paying ex gratia stated by the responden...


Mar 27 2012

V.K. Rudrama Devi and Others Vs. the State of A.P. and Others

Court: Andhra Pradesh

Decided on: Mar-27-2012

COMMON ORDER: Since the points raised in all these three petitions are one and same, they are heard together and being disposed of by this common order. Crl.P.No.8995 of 2009 is filed seeking to quash the proceedings in C.C.No.820 of 2008 on the file of the Judicial First Class Magistrate at Bhongir, Nalgonda District. Likewise, Crl.P.No.9260 of 2009 is filed seeking to quash the proceedings in C.C.No.821 of 2008 and Crl.P.No.10228 of 2009 is filed seeking to quash the proceedings in C.C.No.161 of 2009 pending before the same Court. Brief facts leading to filing the present criminal petitions, in a nutshell, are as follows: The complainant in respective cases preferred complaint invoking the provision under Section 200 of the Criminal Procedure Code (for short ‘Cr.P.C.’) for an offence under Sections 463, 464 and 465 of the Indian Penal Code (for short ‘I.P.C.’). On such filing, the learned Magistrate referred the matter by invoking the provision under Section 1...


Mar 27 2012

K. Achamma Vs. Sri Venkateswara University and Another

Court: Andhra Pradesh

Decided on: Mar-27-2012

THE HONOURABLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No. 8325 o27. 03.2012 K. Achamma Sri Venkateswara University and another Counsel for the petitioner: Sri M/s V. Jagapathi Counsel for the Respondents: Sri Kasa Jaganmohan Reddy, for R-1 G.P. for Higher Education, for R-2 : : Cases Referred:1. (1976) 3 SCC 19.2. AIR 197.SC 59.3. (1999) 7 SCC 20.ORAL ORDER: The petitioner filed W.P.No.18949 of 2011 seeking regularization of services. This Court passed an elaborate order on 19.7.2011 in the said writ petition directing the respondents to consider the case of the petitioner and pass appropriate orders in accordance with the rules and regulations of it, within a period of six weeks from the date of receipt of a copy of the said order and to communicate the same to the petitioner. Now, the respondents have communicated a memo not EI(3)/2011 dated 29.10.2011 to the petitioner, stating that the request of the petitioner for change of her date of regularization of service from the date o...


Mar 27 2012

The State Represented by the Dy.Superint Vs. B.P.Acharya

Court: Andhra Pradesh

Decided on: Mar-27-2012

THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITON No. 2890 OF 2012. 27-03-2012 The State represented by the Dy.Superintendent of Police, SPE, CBI Hyderabad. B.P.Acharya Counsel for the Petitioner: Mr. P.Kesava Rao, Spl.S.C. for CBI Counsel for the Respondent : Mr.V.Surender Rao : : Cases referred:1. (1978) 1 SCC 11.2. AIR 198.SC 96.ORDER: This petition is filed by Deputy Superintendent of Police, SPE, CBI, Hyderabad, under Section 439 (2) r/w 482 Cr.P.C. to call for the records relating to the docket order, dated 16-03-2012 passed in RC.18 (A)/2011-C.C.06 of 2012 on the file of the learned Special Judge for CBI Cases at Hyderabad and quash the same. 2. The respondent (A1) is the accused for the offences punishable under Sections 120-B r/w 420 , 409, 420 and 477-A IPC and 13 (2) r/w 13 (1)(c) and (d) of Prevention of Corruption Act, 1988. The docket order, dated 16-03-2012 reads that the case was taken on file on 09-03-2012, that no sanction was obtained for A1 and A11, that on 09-03-2...


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