Court : Andhra Pradesh
Reported in : 2000(4)ALT363
..... writ appeals by the state are directed against the orders of the learned single judge dated 21-74988 holding that the review petitions filed by the respondents-writ petitioner-before the commissioner, survey, settlements and land records (for brevity 'the commissioner') seeking review of the orders of the commissioner passed in appeal under the provisions of the andhra pradesh (scheduled areas) ryotwari settlement regulation, 1970 (regulation 2 of 1970) (for brevity 'regulation 2 of 1970') are maintainable and directing the authorities to consider the matter afresh and dispose of the same on merits and ..... even on merits also, we find that the learned single judge is right in coming to the conclusion that the review application before the commissioner is maintainable as rule 10 of the rules framed under regulation 2 of 1970 specifically adopts the code of civil procedure with all its implications and procedures as applicable to the proceedings before the settlement authorities and the substantive rights of the parties can be decided in the review. ..... the learned single judge held that since the provisions of the code of civil procedure are made applicable to the proceedings before the settlement authorities, the review applications are clearly maintainable under order 47 rule 1 cpc and accordingly remitted back the matters to the commissioner for fresh consideration setting aside the orders of the commissioner. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD336; 2000(6)ALT289
..... areas) ryotwari settlement regulation, 1970, in writ appeals filed against the order passed in writ petitions setting aside theorder passed by the commissioner, survey settlement and land records, held that the applications filed seeking condonation of delay of 496 days in filing the appeals and of 418 days in re-presenting the appeals, which were returned for compliance of certain objections, in the absence of any proper explanation for the inordinate delay, merely on the ground of heavy rush of work or misplacement of files in the office of the government pleader ..... the settlement officer, rajahmundry in his proceedings sr/11 a/13/1976 dated 30-11-1976 granted ryotwari patta under the provisions of the estate abolition act in his favour observing that the tank water is exclusively used for irrigating the petitioner's land for over hundred years and the petitioner maintained and repaired the tank himself and that the tank is a private tank. ..... in that context, it was held by the division bench of this court that the reasons for the delay should be satisfactorily explained so as to make out a sufficient cause under section 5 of the limitation act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT230
..... points to makes the land ..... a perusal of the judgment under appeal shows the learned single judge to have reached the conclusion because of the acreage mentioned in the sale deed that the sale of the extent of ac.8-00 only and that the boundaries mentioned in the sale deed are not specific to identify a bigger extent of land.10 the boundaries in the sale deed are as follows:east: public roadsouth: dubati lanenorth: dubtai lane west: sanka satyam patta land.the learned counsel for the appellants submits that the meeting point of the four boundaries at the four ..... scheduled areas ryotwari settlement) regulations, 1970 by the settlement officer, respondent no. ..... estate (abolition and conversion into ryotwari) act, 1948. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD142; 2007(1)ALT578; (2007)2LLJ481AP
..... in exercise of the powers conferred by section 19, read with sub-section (2) of section 12, of the banking companies (acquisition and transfer of undertakings) act, 1970, the board of directors of the uco bank, in consultation with the reserve bank of india and with the previous sanction of the central government, made the uco bank (officers') service regulations, 1979 which came into ..... leave was not considered, he intended to report for duty and though he was blind he possessed good experience of about six years of operational experience in the officer cadre and that he was confident that, with the assistance of a stenographer, he could handle matters/ correspondence relating to recovery, follow up action, lodgment and settlement of dicgc, claims of small loans, ssi loans, appraisal of small and medium credit proposals, claims relating to deceased depositors accounts etc. ..... various measures undertaken by the government to provide useful employment to the handicapped persons we commend the government of india to decide the question of providing preference/ reservation to the handicapped in group 'a' and 'b' posts as expeditiously as possible.so far as the claim of visually handicapped for writing the civil services examinations, in braille-script or with the help of scribe, is concerned, we are of the view that their demand is legally justified.the list of category 'a' and 'b' posts, identified as suitable for the visually handicapped by the committee, includes number of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT459
..... in exercise of powers conferred by section 19 read with sub-section (2) of section 12 of the banking companies (acquisition & transfer of undertaking) act 1970 (central act 5 of 1970), the board of directors in consultation with the reserve bank of india and with the previous sanction of the central government, framed the canara bank (officers) service regulations. ..... while dealing with the exercise of power by the state government under the essential commodities act and the orders issued by the state government, the supreme court observed that:'the directions issued by the central government placing restrictions on the movement of the oil seeds outside the state and imposing compulsory levy and directing the millers to sell the product at a fixed price without concurrence of the central government was ultra-vires of its powers'.the supreme court held that:'a delegate is not entitled to exercise powers in excess of or in contravention ..... one of the contentions before the court was that the unrecognised union was not given any representation during the time of negotiations and therefore the settlement was bad. ..... in that case the binding nature of the settlement entered by the recognised union was under consideration. ..... ineffect the contention is that it is not treated as recognised union for the purpose of various settlements and agreements, though it represents about 20% of officers. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALT503
..... after regulation 2 of 1970 came into force, the fourth respondent-settlement officer initiated suo motu enquiries on the basis of the cases built up by the survey party and issued notices to the petitioners as also to the first respondent-devasthanam in all the enquiries and upon enquiry, ryotwari pattas were granted under section 9 of regulation 2 of 1970 in favour of the first respondent-devasthanam and the petitioners' claim for ryotwari pattas was negatived. ..... the administrative control of the devasthanam was under the endowment department of the hyderabad state till the formation of state of andhra pradesh and the day-to-day administration of the temple was carried out by an amin and after the formation of the state of andhra pradesh, a paid trustee was appointed and later replaced by the appointment of the executive officer under the provisions of the andhra pradesh (andhra area) hindu religious and charitable endowments act, 1951. ..... but the records depict that there was no payment ever in spite of several demands by reason where for the executive officer did file an application under section 18 read with section 10 of the andhra pradesh (andhra area) hindu religious and charitable endowments act, 1951 before the competent authority, namely the deputy commissioner, viiayawada for grant of a certificate to enable him to take delivery of possession of the subject land in o.a. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD355
..... the order passed by the director of settlement reads as under:the appellant is non-tribal and as such he has to prove that he has been in continuous possession and enjoyment of the schedule land from 1.7.1946 and that the schedule land was never in possession of a tribal at any time from 1917 when act 1/1917 came into force as required under section 7 of the a.p ..... any other law for the time being in force in the state relating to grant of ryotwari patta: provided that in the case of lands in the estates which have been taken over under the andhra pradesh (andhra area) estates (abolition and conversion into ryotwari) act, 1948 a person who would be entitled to a ryotwari patta under that act shall be granted a patta, if the lands have been continuously in the occupation of that person from the notified date;provided further ..... that in respect of lands other than those to which a person is entitled to a ryotwari patta under the first proviso, no ryot who is not a member of the scheduled tribes shall be entitled to a ryotwari patta in ..... the andhra pradesh (scheduled areas ryotwari settlement) regulation 1970, (for short 'the ..... the estates, situated in scheduled areas, the regulation was enacted in the year 1970 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD228; 2006(6)ALT126
..... in that case, which arose under the a.p (andhra area) estates (abolition and conversion into ryotwari) act, 1948, the appellant was granted the patta by the settlement officer, and a revision, filed by the tahsildar against the order of settlement officer, was dismissed by the director of settlements, on the ground that it was time barred. ..... the provision reads as under:section 9(3): an appeal shall lie to the director against the decision of the settlement officer and to the board of revenue against the decision of the director within sixty days from the date of communication of the order or decision appealed against and the decision of the board of revenue shall be final and shall not be questioned in any court of law.8. ..... --(a) to superintend the survey and settlement operations in the scheduled areas to which this regulation applies;(b) to issue lawful instructions for the guidance of the director and the settlement officers; and(c) to revise or cancel suo motu or on an application any of the orders, decisions or proceedings of any settlement officer or the director:provided that the board of revenue shall not pass any order adversely affecting any party unless such party had an opportunity of making a representation.10. ..... , whether the remedy and relief, under section 5(c) of the andhra pradesh (scheduled areas ryotwari settlement) regulation, 1970 (for short 'the regulation'), is available to an individual, whose appeal, under section 9(3) thereof, is rejected.2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(5)ALD838; 2005(6)ALT614
..... :2(k) 'date of retirement' means the last date of the month in which an employee attains the age of superannuation or the date on which he is retired by the bank or the date on which the employee voluntarily retires or the date on which the officer is deemed to have retired.2(l) 'deemed to have retired' means cessation from service of the bank on appointment by central government as a whole-time director or managing director or chairman in the bank or in any other bank specified in column 2 of the first schedule of the act or banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) or in any public financial ..... institution or state bank of india established under state bank of india act, 1995 (23 of 1955)2(o) 'family in relation to an employee means:(a) to (d)...2(t) 'pension' includes the basic pension and additional pension referred to in chapter vi of these regulations;2(u) 'pensioner' means an employee eligible for pension under these regulations.2(x) 'retired' includes deemed to have retired under clause (1);2(y) 'retirement' means cessation from bank's service,--(a) on attaining the age of superannuation specified in service regulation or settlements;(b) on voluntary .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALT136
..... there is no enabling provision in the act, rules, bye-laws of the district co-operative central bank or the bipartite settlement regulating the service conditions of employees working in the district co-operative central banks providing for such appointments.28. ..... while adverting to the very said memo upon which the entire case of the petitioners rests even in the instant case, the court held that 'the financial burden was thrust upon the societies and the banks, although they did not want the same and thus the state could not have asked the society to pay the salaries at higher rates to the paid secretaries contrary to their financial state of affairs and contrary to the statutory regulations. ..... it is further submitted that if the pay protection is allowed as prayed for by the petitioners and the union, there will be an anomaly resulting in juniors drawing more pay than the seniors who are already working in the central bank and the same may lead to the seniors working in the cooperative central bank claiming the difference benefit and the banks are not in a position to meet any such financial burden.21. ..... cooperative societies amendment act, 1970, section 116-a was inserted in the a.p. .....
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