Andhra Pradesh Court September 1981 Judgments
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Kamatham Nagireddi (Died) and ors. Vs. Government of Andhra Pradesh an ...
Court: Andhra Pradesh
Decided on: Sep-14-1981
Reported in: AIR1982AP119
Raghuvir, J. 1. The Appeal arises out of a suit brought to recover Rupees 60,000 by Nagi Reddy for damage sustained by him as a result of percolation of water in branch canal ten under Nagarajunsagar project. For that canal, the State had acquired Ac. 29-59 cents in Thakkalapadu Village including Ac. 0-77 cents owned by Nagi Reddi (the landholder) in Survey No. 381/!-2. The acquired land was taken possession of on August 10,1963. The reference Court under the Land Acquisition Act of 1894 awarded him on Sept. 23, 1970 for the land and a well, compensation amount of Rs. 39,611-15 ps. The claim of the landholder was for Rs. 60,000 before the reference court for likely loss of orchard in one part of the land in S. No. 381/A-2. He was directed to seek relief in a civil court. The instant suit was laid on Nov. 15, 1971 for loss of one hundred and thirty five mango tree, fourteen lemon trees, fourtyfive orange trees, twenty one sapota trees, twenty two batavia trees, thirty two soapnut trees,...
Govindu Venkata Reddy Vs. K. Krishna Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-13-1981
Reported in: AIR1982AP86
Jeevan Reddy, J. 1. This Writ Appeal is preferred against the judgment of Amareswari, J. allowing to the Land Acquisition officer to make a reference to Civil Court in the matter of apportionment of the compensation payable for the land concerned herein. The writ appeal is preferred by the 2nd respondent in the writ petition.2. Survey No. 886 of Bekkar village was sought to be acquired under the provisions of the Land Acquisition Act, 1894. The notification mentioned only the name of the appellant as the person interested in the land. While the proceedings were pending before the Land Acquisition Officer, the 1st respondent in the writ appeal (who will be referred to hereinafter as the 'writ petitioner') filed an application claiming exclusive title to the land acquired, and denying that the appellant has any right, claim, or interest therein. According to him, the father of the appellant was a tenant, after whose death the appellant initiated proceedings under section 50-B of the Andh...
Pasha Vs. the Collector and District Magistrate, Adilabad and ors.
Court: Andhra Pradesh
Decided on: Sep-10-1981
Reported in: 1981CriLJ1714
Jayachandra Reddy, J.1. This is an application to issue a writ of habeas corpus filed through jail by Pasha alias Azad Pasha, detained under Section 3(3) of the National Security Act, 1980. The Collector and District Magistrate. Adilabad, passed the order of detention on 6-4-1981 and while the detenu was absconding he was arrested only on 14-5-1981 and the grounds of detention were served on him both in English and in Urdu on 18-5-1981. 2. After the petition was admitted and numbered, Sri Mukarramuddin, the learned advocate, had instructions from the detenu to appear and accordingly he appeared before us for the detenu. 3. The learned counsel firstly submitted that the grounds are not correctly translated into Urdu and therefore the detenu was not given proper opportunity to make an effective a representation. It is also his submission that some of the grounds are vague. It is his further submission that the contents of some of the grounds and certain averments made in the counter-affi...
Kankanala Raju Bai Vs. Kankanala Peshireddy and ors.
Court: Andhra Pradesh
Decided on: Sep-10-1981
Reported in: AIR1982AP62
ORDER1. The short but important point that arises in this revision is whether the provisions enacted in Section 54 C. P. C., and Order 20 Rule 18 (1) C. P. C., are to be restricted in their operation to the estates paying revenue to the Government or should be allowed to cover ryotwari lands as well.2. The facts in brief are: - The plaintiff is the petitioner who got the decree in a suit for partition of agricultural lands mentioned in the schedules therein and after the preliminary decree being passed, an application was made for the appointment of a Commissioner to divide the properties by metes and bounds. The 1st respondent herein has raised the objection that it is not competent for the Court to appoint a Commissioner as the schedule mentioned lands are 'estate' within the meaning of Sec. 54 and O. 20 R. 18 (1) C. P. C., and therefore the preliminary decree has to be referred to the Collector only for making a final decree. The 1st respondent therefore contended that the appointme...
P. Punnaiah and ors. Vs. the District Collector, Kakinada and ors.
Court: Andhra Pradesh
Decided on: Sep-09-1981
Reported in: AIR1982AP33
ORDER1. The lands of the petitioners are sought to be acquired for providing house sites for the poor. Notification under S. 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in the East Godavari District Gazette dated 4th July, 1980. Under sub-sec. (4) of S. 17 of the Act, enquiry under S. 5-a was dispensed with in view of the urgency of the case, Questioning those proceedings the petitioners have filed this writ petition.2. First, it is submitted by the learned counsel for the petitioners that the substance of the notification under Section 4(1) was not published in the village. In the counter-affidavit is stated that the substance of the notification was published in the village by beat of tom tom on 13th July, 1980. Therefore, this objection is overruled.3. Next, it is submitted that there is a coconut garden and also dwelling houses belonging to the petitioners in the land and, therefore, they are not waste or arable lands and consequently, ...
Mahalakshmi Traders Vs. Deputy Commercial Tax Officer (M and G), Visak ...
Court: Andhra Pradesh
Decided on: Sep-08-1981
Reported in: [1983]53STC263(AP)
1. It is stated that the writ petition is covered by the decision of the court in Shankar Bangle Stores v. State of Andhra Pradesh (Writ Petition No. 5100 of 1975 decided on 2nd September, 1976) printed infra. Accordingly the writ petition is allowed and the Deputy Commercial Tax Officer (M&G;), Visakhapatnam, is directed to determine the amount due to the petitioner on the footing that bangles are general goods and not glassware. No costs....
K. Krishna Murthy Vs. V. Ashwathanarayana Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-05-1981
Reported in: AIR1982AP83
Alladi Kuppuswami, C.J.1. The appellant herein is the second respondent in writ petition No. 4108 of 1975. The said writ petition was filed by the first respondent herein praying for the issue of an appropriate writ quashing the order of the government dated 4-6-1975 made in the following circumstances. The array of the parties will, in this judgement be referred to as in the writ petition.2. On the death of the then permanent karnam of Thummarakuta village, Madnapallle taluk, Chittor District, the Sub-collector, Madanapale appointed the petitioner as Karanam by his order dated 13-7-1974. The second respondent thereupon preferred an appeal to the District Revenue Officer, Chittor, who by his order dated 4-2-1975 set aside the order of the Sub-Collector and appointed the second respondent as the village karnam. The petitioner then preferred a second appeal to the Board of Revenue under R. 61 of the Andhra Pradesh (Andhra Area) Village Offices Service Rules, 1969, referred to in this jud...
K. Nagabhushanam and ors. Vs. Collector, Krishna Distirct and ors.
Court: Andhra Pradesh
Decided on: Sep-05-1981
Reported in: AIR1982AP123
P. Ramachandra Raju, J.1. Bhavanipuram, Patamata and Gunadala are three Gram Panchayats constituted under the Gram Panchayats Act in the vicinity of Vijayawada Municipality. These three Panchayats come within the definition of local area as defined in Sec. 2, sub-section (20) of the A. P. Municipalities Act, 1965 (hereinafter called the 'Municipalities Act') The Government, by G. O. Ms. No. 819 (Municipal Administration) dated 13-8-1979 issued under Sec. 3 (1) (b) of the Municipalities Act, declared its intention to include the aforesaid local areas within the limits of Vijayawada Municipality and invited objections thereto from the residents of the local area or tax-payers of the Municipality in accordance with S. 3 (2) of the Municipalities Act. The Collector, Krishna, by his proceedings, R.O.C. No. 9083/79-55 dated 14-8-1979 informed the Gram Panchayats that in view of the proposal to merge the local areas comprised in the Gram Panchayats in the Vijayawada Municipality, the notifica...
Mangalapuru Subrahmanyam and ors. Vs. the District Collector (Panchaya ...
Court: Andhra Pradesh
Decided on: Sep-03-1981
Reported in: AIR1982AP50
Alladi Kuppuswami, C.J. 1. The petitioner are residents of Vendodu Villae, Gudur Taluk, Nellore District. They have filed this petition praying for the issue of an appropriate writ declaring the election of the third respondent as Sarpanch of Vendodu Gram Panchayat as illegal and void and to set aside the same and further to direct Respondents 1 and 2, namely the District Collector (Panchayat Wing) Nellore and the Electoral Registration Officer and Tahsildar, Gudur to include the names of the petitioners in the final electoral roll for the Vendodu Gram Panchayat, 1980 and hold elections afresh. 2. The case of the petitioners is that the draft electoral roll was published some time before the election. In the draft roll, the names of the petitioner were included. Subsequently, when the final electoral roll was published, the names of all the petitioners were no found in the electoral roll. Certain other defects in the electoral roll are also mentioned in the affidavit filed in support o...
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