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Andhra Pradesh Court February 2016 Judgments

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Feb 12 2016

M.K. Tirupathi Rao Vs. The Deputy General Manager, Syndicate Bank, Ind ...

Court: Andhra Pradesh

Decided on: Feb-12-2016

This Writ Petition, under Article 226 of the Constitution of India, 1949 is filed by the petitioner to issue a writ of certiorari calling for the records in proceedings No.711/ZOH/PSWW/303286 dated 12.03.1999 as reconfirmed by letter No.2801/ZOH/PS/AS/303286/99 dated 18.09.1999 and quash the same as they are illegal, arbitrary and in violation of clause 17(a) of the 5th Bi-Partite Settlement (for short, the B.P.S.) dated 10.04.1989 and reinstate the petitioner into service with all consequential benefits. The case of the petitioner, in brief, is that initially he joined as Clerk in respondent-bank on 09.04.1979; served in various branches and completed two decades of unblemished service; while he was working at Vijayawada Main Branch, he proceeded on leave duly informing the Manager, submitted leave application in June, 1998 and was extending leave from time to time annexing medical certificates confirming that he was still under treatment. While the petitioner was undergoing treatment...


Feb 11 2016

Govindula Sathaiah Vs. Govindula Manjula

Court: Andhra Pradesh

Decided on: Feb-11-2016

1. The unsuccessful petitioner/husband filed this civil revision petition under Article 227 of the Constitution of India assailing the orders dated 21.09.2011 of the learned Senior Civil Judge at Jagtial passed in IA.No.378 of 2011 in OP.No.18 of 2008 filed under Section 45 of the Indian Evidence Act requesting to refer the petitioner, the respondent/his wife and her son Shiva Kumar for DNA test at Centre for Cellular and Molecular Biology, Habsiguda, Hyderabad for determination of parentage of the said male child Shiva Kumar by the Centre. 2.I have heard the submissions of the learned counsel for the petitioner and the learned counsel for the respondent. I have perused the material record. 3.The facts, which are necessary for consideration, in brief, are as follows: The petitioner and the respondent are man and wife. The petitioner filed the original petition before the trial Court for grant of divorce by dissolution of the marriage between the parties and in that original petition, h...


Feb 11 2016

B. Jayaprada and Another Vs. State of Andhra Pradesh, rep. by its Prin ...

Court: Andhra Pradesh

Decided on: Feb-11-2016

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue (AP). Questioning the jurisdiction of the Tahsildar, in cancelling the DKT patta granted in favour of Chakala Guravaiah, the present writ petition is filed. The averments in the affidavit filed in support of the writ petition are as under: The first petitioner claims himself to be the absolute owner and possessor of land admeasuring Ac.0.66 cents in Sy.No.490 of Kalavagunta Village, Penumuru Mandal, Chittoor District, having purchased the same through a registered sale deed dated 19.02.2003 from Smt. Sarala, who inturn purchased the same from Smt. Saraswathi. It is also claimed that the second petitioner purchased Ac.0.94 cents in Sy.No.490 of Kalavagunta Village, Penumuru Mandal, Chittoor District, through a registered sale deed dated 17.08.2001 from R.Sahadevan, R.Janakiraman and R.Namasivayan, who were the successors of Rangaswamy Mudaliyar, who inturn purchased the said property through reg...


Feb 11 2016

Timber Lake Colony Plot Owners Association Vs. The State of Telangana, ...

Court: Andhra Pradesh

Decided on: Feb-11-2016

Common Order: As these writ petitions pertain to common subject matter, namely, right of way claimed by the residents of M.Prabhakar Reddy Chitrapuri Colony Welfare Association (for short the Chitrapuri Colony') and opposed by the Timber Lake Colony Plot Owners Association (for short the Timber Lake Colony'), they are heard and being disposed of together. W.P.No.23667 of 2015 is filed by the Timber Lake Colony for a mandamus to declare the inaction of respondent Nos.2 and 3 therein i.e., Greater Hyderabad Municipal Corporation (GHMC) and the Collector, Ranga Reddy District, in considering its representations, dated 12.10.2014 and 29.12.2014, as illegal and arbitrary and sought for a consequential direction to the said respondents to consider its representations. W.P.No.32203 of 2015 is filed M/s.Telugu Cine Workers Co-operative Housing Society Limited for a mandamus to declare the inaction of the GHMC and its Officials in not undertaking the work of forming connectivity road through th...


Feb 10 2016

M. Srinivasulu Reddy and Another Vs. The Station House Officer, Vijaya ...

Court: Andhra Pradesh

Decided on: Feb-10-2016

Common Order: 1. Since the petitioners in these two writ petitions share the common grievance, this Court deems it appropriate to dispose of these two writ petitions by way of this common order. 2. Accused 1 and 2 in F.I.R.375 of 2007, on the file of the Station House Officer, Vijayawada Rural Police Station, Payakapuram, Vijayawada, Krishna District registered for the alleged offences under Sections 405, 409, 418, 423 and 464 IPC are the petitioners in these writ petitions. According to the petitioners, the petitioner in WP.No.26246 of 2007 purchased an extent of Ac.5-00 cents in Sy.No.852/1 from the petitioner in W.P.26369 of 2007 of Nunna Village, Vijayawada Rural Mandal, Krishna District, by way of a registered sale deed bearing Doc.No.5115/2007 dated 01.03.2007 registered on the file of the Sub-Registrar, Kavali. On the complaint made by the second respondent, the police registered the subject crime. Seeking quashment of the said crime, the present writ petitions came to be filed....


Feb 10 2016

M/s. Sridhar Enterprises Vs. Bank of Baroda, ARM Branch and Others

Court: Andhra Pradesh

Decided on: Feb-10-2016

Common Order: (A. Shankar Narayana, J.) 1. Since subject matter of all these writ petitions and the parties are one and the same, they are being disposed of by this common judgment. 2. W.P. No.36652 of 2015 is filed by M/s. Sridhar Enterprises, represented by its proprietor Pathallapally Sridhar seeking Mandamus to declare the auction, dated 10-03-2015, conducted by respondent No.1 - Bank of Baroda, ARM Branch, Himayath Nagar, Hyderabad, and consequential issuance of Certificate of sale of moveable properties, dated 24-09-2015, in favour of respondent No.2 in respect of movable properties of the petitioner as unconstitutional, unjust, illegal and violative of principles of natural justice. 3. W.P. No.36625 of 2015 is also filed by the petitioner in W.P. No.33652 of 2015 seeking Mandamus to declare the auction, dated 13-03-2015, and consequential issuance of sale certificate, document No.7414/15, dated 24-09-2015, in respect of immovable property admeasuring Acs.15-00, situated in Surve...


Feb 10 2016

Nandru Ramesh and Others Vs. Village Reconstruction Organization (VRO) ...

Court: Andhra Pradesh

Decided on: Feb-10-2016

Nooty Ramamohana Rao, J. Defendants 2, 4 to 8, 10 to 12, 14, 16, 18 and 19 in the suit are the appellants. The 1st respondent herein is the plaintiff. We prefer to describe, now on, the parties as they are arrayed before the civil Court, for convenience sake. The suit, O.S. No. 1 of 2011 was originally instituted on the file of the II Additional District Judge's Court at Vijayawada. Subsequently, it came to be transferred to the Court of the XVI Additional District and Sessions Judge at Nandigama, Krishna District on point of jurisdiction, where it was re-numbered as O.S.No. 92 of 2013. When this Appeal was entertained by this Court, an interlocutory order was passed on 24.08.2015 in A.S.M.P. No. 1758 of 2015, which was moved seeking for stay of execution of the decree, directing the appellants to deposit the suit costs within four weeks. That order has not been complied with, but however, on three different occasions, adjournments were sought for on one ground or the other. On 07.12.2...


Feb 09 2016

K. Krishna Swamy and Others Vs. Chairman and Managing Director, The Si ...

Court: Andhra Pradesh

Decided on: Feb-09-2016

Common Order: 1. As the issue raised in these two writ petitions is same, the writ petitions are disposed of by this common order. 2. Petitioners are employees of Singareni Collieries Company Limited (for short, SCCL ?). These two writ petitions are instituted aggrieved by the conditions imposed for consideration for recruitment to the post of Management Trainee (Personnel) in the Notification No.1 of 2015. Particularly petitioners are aggrieved by fixation of two years duration of Post Graduate Degree/Diploma with 60% minimum marks. 3. At the time of admission, this Court granted interim order to receive the applications of the petitioners and permit them to write the examination for selection to the post of Management Trainee (Personnel). Petitioners were accordingly permitted to write written examination held on 01.06.2015. Though the selection process is completed and though this Court has not stayed finalization of the selections, having regard to the interim directions issued for...


Feb 09 2016

Syed Arif and Another Vs. The State of Andhra Pradesh Rep. by the Publ ...

Court: Andhra Pradesh

Decided on: Feb-09-2016

U. Durga Prasad Rao, J. 1. This appeal is preferred by the appellants/A1 and A2 aggrieved by the judgment dated 26.08.2011 in S.C.No.188 of 2008 passed by learned I Additional Sessions Judge, Nizamabad convicting A1 and A2 for the charge under Section 302 r/w 34 IPC and sentencing them to undergo rigorous imprisonment for life and also to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for a period of one month, while acquitting them of the charge under Section 307 r/w 34 IPC. 2a) The prosecution case is that on 22.05.2007 at about 11 PM, when PW2 and LW3 went to fetch water from the bore well situated in front of house of accused in the open place of Dwakra Mahila Sangham in Rajaramnagar Colony, Armoor, A1 ”Syed Areef abused them in filthy language and thrown them on the ground. On hearing the quarrel, PW1 and deceased ”Chaika Gangadhar went to the bore well and all the accused abused them in filthy language and suddenly A1 went into the house and brough...


Feb 09 2016

Mahabubnagar District Cricket Association, rep. by its General Secreta ...

Court: Andhra Pradesh

Decided on: Feb-09-2016

The writ petition is filed challenging the communication dated 16.02.2015 of the 2nd respondent. It is the case of the petitioner that pursuant to the election conducted for the Executive Committee of the petitioner's association, which is a registered society under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 (for short, the Act ?) Fasli, vide Reg. No.5801/99 on 18.08.1999, certain office bearers were elected and in terms of Section 9 of the Act, the list of the elected members of the Executive Committee was submitted to the 2nd respondent-Registrar of the Societies. It is stated that it is the duty of the 2nd respondent to take the same on file and keep on record. However, by the impugned letter, the 2nd respondent-Registrar has entered into an arena which is not authorized and permitted, to return the communication with an advise to approach the Court of law. The returning of the communication/intimation submitted by the petitioner, at the instance of ...


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