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Andhra Pradesh Court September 2012 Judgments

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Sep 10 2012

Kola Durga Prasad Vs. State of A.P., Rep., by Its Public Prose

Court: Andhra Pradesh

Decided on: Sep-10-2012

THE HON'BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.6377 o10. 09.2012 Kola Durga Prasad State of A.P., rep., by its Public Prosecutor, High Court of A.P., and others Counsel for the Petitioner: Ms. P.Radhika Counsel for Respondent No.1: Additional Public Prosecutor Counsel for Respondent Nos.2 to 5: Sri K. Suresh Reddy Counsel for Respondent No.6: : : Cases referred: (2004) 13 Supreme Court Cases 421 A.I.R. 1994 SC 143.ORDER: This criminal petition is filed by the petitioner-accused under Section 482 Cr.P.C to quash the proceedings in Miscellaneous Case No.127 of 2010 in Crime No.47 of 2010 of Gudlavalleru Police Station, Krishna District.2. Heard the learned counsel appearing for the petitioner-accused and the learned counsel appearing for the respondents 2 and 3 and the Additional Public Prosecutor representing the first respondent-State.3. According to the petitioner, he is the tenant of the respondents 2 to 4 in the building bearing door no.5-129. The father of the responden...


Sep 10 2012

M.Ramachander Rao Vs. the Member (Finance), New Delhi and 2 Ot

Court: Andhra Pradesh

Decided on: Sep-10-2012

THE HON'BLE Ms. JUSTICE G. ROHINI AND WP.No.25768 o10. 09.2012 M.Ramachander Rao The Member (Finance), New Delhi and 2 others. COUNSEL FOR PETITIONER: Sri K.V.Manikya Rao COUNSEL FOR RESPONDENTS: Sri B.Narasimha Sarma Mrs. S.Nanda : ?CITATIONS:1. 2001 (9) SCC 18.2 1985 (3) SCC 39.ORDER: (Per G. Rohini, J) The writ petitioner while working as Accounts Officer in the office of Telecom District Engineer, Ongole was imposed the penalty of withholding increment for a period of two years without cumulative effect vide proceedings of the 2nd respondent dated 27.01.1997. Aggrieved by the same, he preferred an appeal before the 1st respondent. The appellate authority taking a lenient view reduced the duration of the penalty imposed by the disciplinary authority from two years to one year by order dated 30.06.1999. Challenging the said order, the writ petitioner filed O.A.No.980 of 2000 before the Central Administrative Tribunal, Hyderabad Bench contending inter alia that the appellate authority...


Sep 08 2012

indukuri Anil and Others Vs. the Commissioner (Appeals) and Others

Court: Andhra Pradesh

Decided on: Sep-08-2012

The petitioners feel aggrieved by the order, dated 04.09.2010, passed by the Commissioner (Appeals), Hyderabad, the 1st respondent herein, in a revision filed under Section 7(d) of the A.P. Estates Abolition (Conversion into Ryotwari) Act, 1948 (for short ‘the Act’), in so far as it has remanded the matter to the Joint Collector-cum-Settlement Officer, Visakhapatnam, the 2nd respondent herein. Briefly stated, the facts that gave rise to the filing of the writ petition are: The land in old survey No.3 of Kapparada Village, Visakhapatnam Urban Mandal, admeasuring Acs.66.60 cents, was part of Zamindari estate of the Vizianagaram Zamindar. The estate holder gave it on permanent lease to one Namballa Family, way back in the year 1865. Thereafter, several transactions have taken place, and ultimately, an extent of Acs.10.00 was purchased by M/s.Jagannadha Raju, through a sale deed, dated 04.11.1969. The said Company obtained loan, from Bank of India, offering that property as sec...


Sep 08 2012

indukuri Anil and Others and Vs. the Commissioner (Appeals) and Others ...

Court: Andhra Pradesh

Decided on: Sep-08-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.26480 OF 201.08.09.2012 Indukuri Anil and others and The Commissioner (Appeals) and others. Counsel for petitioners: Sri A.K.Kishore Reddy Counsel for Respondents : GP for REvenue HEAD NOTE: ?Cases referred ORDER: The petitioners feel aggrieved by the order, dated 04.09.2010, passed by the Commissioner (Appeals), Hyderabad, the 1st respondent herein, in a revision filed under Section 7(d) of the A.P. Estates Abolition (Conversion into Ryotwari) Act, 1948 (for short 'the Act'), in so far as it has remanded the matter to the Joint Collector-cum-Settlement Officer, Visakhapatnam, the 2nd respondent herein. Briefly stated, the facts that gave rise to the filing of the writ petition are: The land in old survey No.3 of Kapparada Village, Visakhapatnam Urban Mandal, admeasuring Acs.66.60 cents, was part of Zamindari estate of the Vizianagaram Zamindar. The estate holder gave it on permanent lease to one Namballa Family, way back in the...


Sep 07 2012

P. Srinivasulu, S/O. Natarajan Mudaliar and Others Vs. the Sub-registr ...

Court: Andhra Pradesh

Decided on: Sep-07-2012

This writ petition is filed seeking direction by way of mandamus to declare the action of the first respondent in not registering and releasing the document presented by the first petitioner in relation to the land admeasuring Acs.11.95 cents in Survey No.6 of Tukiwakam Village of Renigunta Mandal in Chittoor District basing on the letters in Rc.No.KGT-31/2007, dated 26.12.2007, Rc.No.N1/34576/2007, dated 11.12.2008 and Rc.No.N1/27520/2009 dated 19.04.2010 addressed by the respondents 3 and 5 as illegal and arbitrary, and contrary to the provisions of the Registration Act, 1908. The case of the petitioner is as under: Sri Kandala Govindacharyula Trust, Gopalapuram Matam, Chinna Bazar Street, Tirupati (hereafter, the Trust) is purely a private trust. It was endowed with the land admeasuring Acs.29.85 cents in Survey No.6 situated at Tukiwakam Village of Renigunta Mandal in Chittoor District (hereafter, the Trust land). The trustees of the Trust passed a resolution dated 30.6.1981 author...


Sep 07 2012

M. Ch. Subba Rao and Another Vs. the Depot Manager, Apsrtc, Chilakalur ...

Court: Andhra Pradesh

Decided on: Sep-07-2012

Common Judgment (CPK, J) 1. Lack of anticipation resulting in a fatal road accident made a driver of APSRTC bus bearing No.AP 9 Z 5273 come before us seeking back wages by way of W.A.No.865 of 2012. Questioning the very order of reinstatement with continuity of service and also awarding 50% of back wages by the learned single Judge, the Corporation preferred W.A.No.1106 of 2012 and W.A.No.913 of 2012 respectively. 2. Since these appeals arose out of same set of facts, parties and issues being one and the same, they are being disposed of by a common judgment. For the sake of convenience, the parties are referred to as they are arrayed in Writ Petition No.27122 of 2008 filed by the driver of RTC bus. 3. The petitioner was appointed as a driver in the 1st respondent Corporation in January 1986. On 31.08.1998, bus which he was driving on route from Chilakaluripet to Punur met with a fatal accident at Gandhi Circle near Clock Tower centre, Chilakaluripet. The 1st respondent while placing th...


Sep 07 2012

N.S. Sriramrao and Others Vs. the A.P. State Road Transport Corporatio ...

Court: Andhra Pradesh

Decided on: Sep-07-2012

Common Judgment: As the issues raised in both these Writ Petitions are inter-related, they are heard and being disposed of together. The Andhra Pradesh State Road Transport Corporation (for short "the Corporation") issued a notification which was published in the newspapers on different dates. This notification has invited sealed tenders for running stalls/shops/canteens/vacant spaces/scooter/cycle stands etc. It is mentioned in the tender notice that the persons who are interested to run business in the notified fields may pay fees and obtain tender forms from any of the units in Ranga Reddy Region from 29-2-2012 to 14-3-2012. The last date for filing of the tenders in the tender box placed on the second floor of the Mahatma Gandhi Bus Station (MGBS), Gowliguda, Hyderabad, was fixed as 15-3-2012  by 2.00 P.M. and the tenders were scheduled to be opened at 3.00 P.M. on the same day. The petitioner and respondent No.4 in W.P.No.10586/2012 and others filed their tenders for running ...


Sep 07 2012

Sri Sathya Sai Vruddhashramam,rep. by It Vs. the District Collector, A ...

Court: Andhra Pradesh

Decided on: Sep-07-2012

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.27404 o07. 09.2012 Sri Sathya Sai Vruddhashramam,rep. by its President, Ananthapur District. The District Collector, Anantapur and another Counsel for petitioner: Sri P.R. Balarami Reddy Counsel for Respondents : G.P. for Revenue HEAD NOTE: ?Cases referred ORDER: The petitioner is a society registered under the Societies Registration Act, in the year 2001. With a view to establish a Home for aged, disabled destitute and women of Hindupur, Madakasira, Chilmathur and Pargi Mandals, it purchased an extent of Ac.3.18 cents of land in Sy.No.457-IC of Srikantapuram Village of Hindupur Mandal, through a sale deed dated 15-07-2010. The purchase was preceded by a 'No Objection Certificate' issued by the District Collector, Anantapur, the 1st respondent herein, on 22-10-2008. The petitioner submits that in the immediate neighbourhood of its land, there exists Government land in Sy.No.458-2, admeasuring Ac.4.97 cents, and that the same has...


Sep 07 2012

N.S. Sriramrao Vs. the A.P.State Road Transport Corporation

Court: Andhra Pradesh

Decided on: Sep-07-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.Nos.10586 of 2012 and Batch 7-09-2012 W.P.No.10586 of 2012 N.S. Sriramrao The A.P.State Road Transport Corporation, Represented by its Managing Director, Musheerabad, Hyderabad and others W.P.No.11297 of 2012 N. Naveen Kumar and another .. Petitioners Regional Manager,A.P. State Road Transport Corporation, Ranga Reddy Region, MGBS, Hyderabad and others.. Respondents W.P.No.10586/2012 : Counsel for petitioner : Sri C.B. Rammohan Reddy Counsel for respondent Nos.1 to 3 : Sri C. Sunil Kumar Reddy Counsel for respondent No.4 : Sri C.V. Mohan Reddy, Senior Counsel for Sri C. Sumon W.P.No.11297/2012: Counsel for petitioners : Sri C. Ramachandra Raju Counsel for respondent Nos.1 & 2 : Sri C. Sunil Kumar Reddy Counsel for respondent No.3 : Sri C.V. Mohan Reddy, Senior Counselfor Sri C. Sumon ?CASES REFERRED:1. 2000) 2 SCC 61.2.1975) 1 SCC 42.3.(359 U.S. 535: Law Ed. (Second Series4. (1979) 3 SCC 48.5.(1994) 6 SCC 65.COMMON JUDGMENT: As the issue...


Sep 06 2012

T. Babji Vs. the A.P.S.R.T.C Rep. by Its Managing Director

Court: Andhra Pradesh

Decided on: Sep-06-2012

This writ petition is preferred by a driver of the Andhra Pradesh State Road Transport Corporation challenging the correctness and validity of the proceedings dated 25.7.2000 passed by the 2nd respondent herein declining to interfere with the orders of the Deputy Chief Traffic Manager, Eluru and thus refusing to exercise the power of review of the punishment imposed on the petitioner. The petitioner appears to have been recruited to the service of the APSRTC as a driver in the year 1987. It was his claim that he was recognized as one of the careful and cautious drivers of the corporation. But, however, all due to sheer bad luck, while he was operating one of the buses on 4.3.1995 on route Bhimavaram to Penugonda in West Godavari District, an accident had occasioned involving the bus in which an old lady fell down on the road and later on succumbed to the injuries. Though the petitioner has claimed that he is not responsible in any manner for the accident and that it had occasioned all ...


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