Andhra Pradesh Court September 2012 Judgments

Kalakoti Siva Reddy and Others Vs. the District Collector and Others

Court: Andhra Pradesh

Acting Chief Justice This appeal is directed against the order dated 21st September, 2010 passed in Writ Petition No.2153 of 2010, whereby the learned Single Judge dismissed the writ petition filed by the writ petitioners/appellants. 2)   The writ petition was filed seeking a writ of mandamus declaring the notifications issued under Section 4(1) of the Land Acquisition Act (for short, ‘the LA Act’) dated 3.2.2009, published in the newspapers on 9.2.2009, and the declaration under Section 6 of the Act dated 8.9.2009 issued by respondent No.1 as illegal, arbitrary, mala fide, contrary to law and violative of the principles of natural justice, and against the Zonal Development Plan and Master Plan prepared under the Andhra Pradesh Urban Areas (Development) Act, 1975 (for short, ‘the Urban Areas Development Act’). Under the said notifications, the first respondent sought to acquire the lands admeasuring Ac.34.83 cents situated in different survey numbers o...

Md. Gulam Mohammed Vs. the Regional Manager, Apsrtc and Others

Court: Andhra Pradesh

The petitioner, a conductor with the Andhra Pradesh State Road Transport Corporation (APSRTC), seeks a writ of mandamus for declaring the action of the 1st respondent, the Regional Manager, APSRTC in not ordering reengagement with continuity of service benefit, as bad in law. The case of the petitioner is that after going through the process of selection necessary for making regular recruitment, he came to be appointed as a contract conductor on 22.12.2006 and was attached to Hyderabad Central University (HCU) Bus Depot. However, when the petitioner remained unauthorizedly absent from duty from 07.05.2007 up to 30.06.2007, the Depot Manager, HCU Bus Depot terminated his service, through his proceedings, dated 30.06.2007, without conducting any enquiry whatsoever and without providing any opportunity to him. It appears, the petitioner has preferred an appeal against the said order only on 05.12.2011 to the Divisional Manager, Charminar Depot, nearly after 4 years time has lapsed. The Di...

R. Shankaraiah Vs. the Managing Director, Apsrtc and Others

Court: Andhra Pradesh

Reported in: 2012(4)LLN572

G. Rohini, J. The unsuccessful petitioner in W.P.No.283 of 2004 is the appellant before us. The appellant/writ petitioner, while working as a Driver in the A.P. State Road Transport Corporation (for short, ‘APSRTC’) in Vakadu Depot, the bus bearing No.AP-09-Z-5322 driven by him involved in a head-on-collision with another RTC bus bearing No.AP-10-Z-4731 resulting in death of one lady passenger and injuries to 20 passengers and 3 crew members besides heavy damage to both the vehicles. Pursuant thereto, he was charge-sheeted alleging that the said accident was caused on account of his driving the vehicle without precaution and lack of anticipation at a left turn of the road and that the same constitutes misconduct under Regulation 28 (ix) (a) of APSRTC Conduct Regulations, 1963. After due enquiry, the above said charge was held proved by the enquiry officer and accepting the said report, the Depot Manager, APSRTC, Vakadu Depot, who is the disciplinary authority, by order date...

G. Amrutha Rao and Others Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

The petitioners 1 to 5 purchased plots of 200 square yards each, carved out of survey No.233 of Nizampet Village, Kukatpally, in the year 1989 and the 6th petitioner purchased a plot of similar size from the same survey number in the year 1991. The Deputy Collector and Tahsildar, Qutubullapur Mandal, 4th respondent herein, initiated proceedings under the A.P. Assigned Lands (Prohibition of Transfer) Act 1977 (for short ‘the Act’) against the petitioners and certain others. It was mentioned that an extent of Acs.4.00 each, in Sub-division Nos.24, 25 and 26 in Survey No.233 were assigned in favour of Seetharam Reddy, Yella Reddy and Ramakrishna Reddy, respectively, vide orders, dated 15-06-1961, the said assignees have divided the lands into plots and sold them to various persons, including the petitioners. Explanations were submitted stating inter alia that the land was purchased for consideration from the Government and that the provisions of the Act do not apply. Not satis...

United India Insurance Co. Ltd. Vs. Mohd. HussaIn and Others

Court: Andhra Pradesh

1 The United India Insurance Company preferred the present appeal is directed against the order dated 08.08.2003 passed in O.P.No.938 of 1997 on the file of Motor Vehicles Accidents Claims Tribunal - cum - Additional District Judge, Nizamabad wherein a sum of Rs.5,84,000/- was awarded as compensation to  the claimants on account of death of one Saleem (hereinafter referred to as 'the deceased'). 2 The facts in issue are that on the intervening night of 16/17.11.1997 the deceased was travelling in a TATA Van bearing No.MH-26-8303 from Nizamabad to Hyderabad as owner of the goods. At about 2.00 AM when the van reached outskirts of Toopran village, the driver of the offending van drove the same in a rash and negligent manner and dashed against a lorry bearing No.KA-01-2223 from behind. As a result of which, the front portion of the van was completely damaged causing injuries to the deceased. The deceased was initially shifted to Gandhi Hospital, Secunderabad and thereafter while he w...

Bojja Subba Rao Vs. the Government of Andhra Pradesh, Rep.by Its Secre ...

Court: Andhra Pradesh

This writ petition has filed by the petitioner challenging the proceedings of the second respondent in reference No.4829/RD.V(2)/99, dated 5.1.2000 and for consequential direction to the respondents to regularize his services forthwith from the date of his initial appointment in terms of G.O.Ms.No.212 (Finance and Planning (FW.PC.III) Dept dated 22.4.1994. 2. The petitioner was initially appointed as Section Writer on 16.10.1986 on daily wage basis by the District Rural Development Agency, Prakasam Bhavan, Ongole, Prakasam District ( for short ‘DRDA’). 3. The DRDA is a project under the control of the Panchayat Raj Department headed by the second respondent. The main function of the DRDA is to help the rural people by lending the loans or giving financial assistance in order to augment their development. The District Collector is the Chairman of the DRDA at District level. The respondents have also constituted Handicrafts Artisans Marketing Promotion Institute (for short &#...

C. Venkataratnam Vs. the Deputy General Manager, State Bank of Hyderab ...

Court: Andhra Pradesh

1. This writ petition is instituted by a Head Cashier of State Bank of Hyderabad (henceforth called the ‘Bank’), challenging the validity of the orders passed by the second respondent/Assistant General Manager/Disciplinary Authority of the Bank, imposing on him the punishment of dismissal from service through his orders dated 25.01.2002 which order, when appealed against, has been confirmed by the first respondent/Deputy General Manager/Appellate Authority through his orders dated 12.04.2002. 2. While the petitioner was working as Head Cashier at the Jubilee Hills Branch of the Bank, on 03.07.1999, he was suspected to have embezzled a sum of Rs.10.00 lakhs and consequently was suspended from service on 05.07.1999 and subsequently a complaint was also lodged against him with the Jubilee Hills Police Station for an offence said to have been committed by him Under Section 409 I.P.C. It is the specific case of the petitioner that, through proceedings dated 15.10.1999, charges w...

Mohd.Quader Ali Vs. A.P.Transco Ltd., Rep. by Its Chairman and Managin ...

Court: Andhra Pradesh

The present writ petition has been filed to declare a Memo.no.CE/Disc.Cases/AS-XX/611/NA92)/95-7 Dt.17.8.1998 of the Andhra Pradesh State Electricity Board (for short "the Board") and a consequential memo No.CE(DMisc.cases)/DM-XX/6111/Na92)/95-8 dt.30.8.1999 issued by it's successor , the 1st respondent and to set them aside. 2. The petitioner was employed as Revenue Cashier in the erstwhile Board. In September 1994, a complaint was made against the petitioner by a press reporter B.Anjiah of Machareddy Mandal about temporary misappropriation of a sum of Rs.1,003/- paid by a consumer by name Reshma Bee. vide memo dated 20th July, 1994 the petitioner was allegedly 'warned' by the Board. 3. However, an enquiry was ordered against the petitioner and two others for the same alleged misconduct and charge sheet dated 3.2.1996 was issued to the petitioner. He gave a reply to the charge sheet denying the charges on 08.3.1996. A Superintending Engineer of the Board was appointed as the Enquiry O...

Muram Mohan Vs. Gundumogula Venkata Rama Rao and Another

Court: Andhra Pradesh

1. Aggrieved by the quantum of compensation awarded in OP No.628/1994 on the file of Motor Accidents Claims Tribunal-I Additional District Judge, Nellore, and also for not fastening the liability on the insurer to pay the compensation, the claimant preferred the present Motor Accidents Civil Miscellaneous Appeal. 2. The brief facts relevant for consideration in this appeal are as follows: The claimant was a resident of Karumitta village in Tada Mandal, Nellore District. He filed claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 (for short “the Act”) claiming compensation at the rate of Rs.50,000/- on the ground that on 17-7-1994 at about 5-30 AM, he boarded a lorry bearing registration No. AAW 4169 belonging to the first respondent herein at Bheemulavaripalem check post with a load of one gunny bag of Alwar Gaddas (sweet potatoes) for transporting the same to Sullurpet for the purpose of sale by paying freight charges to the driver of the said lorry....

Mohd.Quader Ali Vs. A.P.Transco Ltd., Rep. by Its Chairman a

Court: Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.2341 OF 200.14.09.2012 Mohd.Quader Ali A.P.Transco Ltd., rep. by its Chairman and Managing Director,Vidyuth Soudha, Somajiguda, Hyderabad and others. Counsel for the Petitioner: MR.K.VASUDEVA REDDY Counsel for the Respondents: STANDING COUNSEL FOR APTRANSCO HEAD NOTE: Cases referred 1 (2002) 2 SCC 29.2 (1996) 9 SCC 28.ORDER: The present writ petition has been filed to declare a Memo.no.CE/Disc.Cases/AS-XX/611/NA92)/ 95-7 Dt.17.8.1998 of the Andhra Pradesh State Electricity Board (for short "the Board") and a consequential memo not CE(DMisc.cases)/DM-XX/6111/Na92)/95-8 dt.30.8.1999 issued by it's successor , the 1st respondent and to set them aside.2. The petitioner was employed as Revenue Cashier in the erstwhile Board. In September 1994, a complaint was made against the petitioner by a press reporter B.Anjiah of Machareddy Mandal about temporary misappropriation of a sum of Rs.1,003/- paid by a consumer by name Res...