Andhra Pradesh Court April 1993 Judgments

Sidagam Surya Rao Vs. the Land Acquisition Officer and Spl. Dy. Collec ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT269

G. Radhakrishna Rao, J.1. This is an appeal preferred by the claimant against the judgment of the II Additional District Judge, East Godavari at Rajmundry dated 11-9-1987 passed in O.P. No. 596 of 1985.2. An extent of Ac.6-39 cents of dry land, situate in R.S. No. 22 of Kattumilli village of Yellavaram taluk was acquired for formation of Y.R. Project. The said land is situate in an agency area. Section 4(1) notification was published in the A.P. Gazette on 27-12-1980. The Land. Acquisition Officer after taking into consideration the potentiality of the land and other relevant features, fixed the market value of the land at Rs. 3,000/- per acre, having been dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, the matter was referred to the lower court under Section 18 of the Land Acquisition Act, at the instance of the claimant. The matter came up before the learned II Addl. District Judge, Rajahmundry. P.Ws. 1 to 4 were examined and Exs. A-1 and A-2 wer...

P. Sadasiva Reddy Vs. Divisional Engineer, Operation A.P.S.E. Board an ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT467

ORDERB. Subhashan Reddy, J.1. It is distressing to note that the petitioner's property was taken over promising him to pay compensation at the market rate by the State Electricity Board and having taken possession of the same under that promise, has subjected him to litigation which has lasted nearly 5 years. The petitioner was a Sarpanch of Marala Village and he was approached by the State Electricity Board officials i.e., respondents 1 and 2 requesting him to part with his valuable land of Ac. 1.51 cts. comprised in S. No. 105-1 of Marala village, Bukkapatnam Mandalam of Ananthapur District for erecting an electricity sub-station. The petitioner in good faith, that the same is required for emergent public purpose and specific promise; made by respondents 1 and 2 to pay the market rate, has parted with the said land. The possession of the said land was taken over by respondents 1 and 2 and the electricity sub-station was erected and it is now catering the needs of the public so far so...

Smt. Suram Ramakka Vs. the Dist. Collector, Karimnagar and Another

Court: Andhra Pradesh

Reported in: AIR1994AP5; 1993(1)ALT695

ORDER1. The relief sought for in this writ petition is to refer the matter to a competent Civil Court under S. 18 of the Land Acquisition Act, for determination of proper compensation. Admittedly, the Award was passed on 23-6-82 and S. 12(2) notice was also served by the said date order S. 18 application was filed on 16-8-1982 by the petitioner seeking a reference and the same is well within time as the same was filed within two months from the date of the service of S. 12(2) notice. The objection of the learned Government Pleader is that the amount was received otherwise than under protest. But, in paragraph 6 of the affidavit, it is stated categorically by the petitioner on oath that she had orally protested with regard to the quantum of compensation.2. The petitioner is an illiterate land lady residing in a remote corner of the rural area and the law does not prescribe any particular mode of protest and such an oral protest is a valid protest under law. The assertion that oral prote...

Utchala Jayarami Reddy Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1993(2)ALT(Cri)123; 1993CriLJ3827

ORDER1. The first accused in Crime No. 60 of 1992 of Muddanur Police Station (P.R.C. No. 7/93) is the petitioner. He along with eight others was alleged to have committed offences under Ss. 148, 307, 302 r/w Section 34, I.P.C. Section 25(1)(b)(a) and Section 27 of the Arms Act and Sections 3 and 5 of the Explosive Substances Act. He states that he was arrested on 29-9-1992 and the charge-sheet was taken on file on 27-1-1993. As more than 90 days period has expired from the date of his arrest and the date of taking cognizance of the offences, he filed an application under section 167, Cr.P.C., Criminal M.P. No. 75/93, in the Court of the II Additional Sessions Judge, Cuddapah. That petition was dismissed on 24-2-1993. He says that his continuance in remand after 90 days without taking cognizance of the offence amounts to illegal detention and prays that he may be released on bail. 2. Sri. M. Sreeramulu Reddy, the learned counsel for the petitioner, submits that as the learned Magistrate...

Mummadi Siva Reddy and ors. Vs. the Superintendent of Police and ors.

Court: Andhra Pradesh

Reported in: 1993(3)ALT174

ORDERB. Subhashan Reddy, J.1. This writ petition has been filed challenging the order dated 15-9-1989 issued by the Circle Inspector of Police, Yerraguntla of Cuddapah District, the 2nd respondent herein, by which he has permitted the respondents 4 to 6 to enjoy the lands admeasuring Ac.9-66 cents of Mittapally village. The petitioners 1 and 2 contend that they have obtained Ac. 14.00 comprising several survey numbers of Kotluru village of Vallur Mandalam in Cuddapah District on lease from M. Naga Subba Reddy, the 7th respondent herein in the month of March, 1980 and that they had been in possession of the same. The petitioners 3 and 4 contend that they have also taken Ac.9-66 cents of land in the same village from the same owner and had been in possession and enjoyment of the same. Respondents 4 to 6 tried to interfere with the possession and enjoyment: of the petitioners of a total extent of Ac.23-66 cents and two cases were filed in ATC 5 and 6 of 1986 on the file of the Special Off...

Rasheedulla Khan and anr. Vs. Bhagawathi Bai and anr.

Court: Andhra Pradesh

Reported in: 1993(3)ALT437

ORDERD.J. Jagannadha Raju, J.1. This CRP is filed against the order dated 12-7-1990 in RCA No. 10 of 1988 on the file of the Principal Subordinate Judge, Warangal. The facts leading to the filing of the present CRP are somewhat strange and appalling.2. The revision petitioners are the tenants. They originally took the premises on rent from the husband of the first respondent and father of the second respondent one Mr. Dhanraj. Rents were being paid upto 1980 to late Dhanraj. After Dhanraj died, disputes arose and then RCC No. 45 of 1981 was filed. It is the claim of the present revision petitioners that as the landlords were refusing to receive rents, they filed RCC 31 of 1981 and that they went on depositing the rents. It was ultimately found by the Court that Mr. S.S. Parvaiz, the advocate who was appearing for the present revision petitioners, deposited only a few amounts and he appears to have misappropriated various amounts that were said to have been paid to him. Ultimately he ad...

Sri C. Anantha Kishan Vs. K. Ramesh Kumar and anr.

Court: Andhra Pradesh

Reported in: 1993(1)ALT708

P. Ramakrishnam Raju, J.1. In this revision petition, the second defendant in O.S.No. 1094/85 on the file of the IV Assistant Judge, City Civil Court, Hyderabad is challenging an order made in I.A. 62/92 dated 28-2-1992, whereunder, the application filed by him under Order 8, Rule 9 C.P.C. seeking amendment of the written statement was dismissed by the learned IV Assistant Judge, City Civil Courts, Hyderabad.2. The respondent-plaintiff filed O.S. 1094/85 seeking specific performance of the agreement of sale dated 6-4-1973 executed by one C.Ramaswamy, the father of the petitioner, agreeing to sell 250 Sq. yards of site together with super structures bearing Municipal No. 1-4-907/908 situated at Bakaram, Hyderabad. As the said Ramaswamy did not co-operate in executing the sale deed, the suit was filed and as he died, pending the suit, his sons, the petitioner and his brother were brought on record as defendant Nos. 2 & 3. The evidence on the side of the respondent-plaintiff was closed as...

Smt. Satyavani and Another Vs. A.P. Pollution Control Board and Others

Court: Andhra Pradesh

Reported in: AIR1993AP257

ORDERMs. S.V. Maruthi, J. 1. This Writ Petition is filed by Smt. Satyavani, Head of the Women Wing of the Society for protection of animals for the State of Andhra Pradesh, Hyderabad and another one Dr. A. Kishan Rao. Smt. Satyavani is the Honorary Animal Welfare Officer of the Animal Board Government of India. The 2nd petitioner is also an Honorary Animal Welfare Officer of the State Board.2. The relief claimed in this writ petition is an injunction restraining the respondents 1 to 5 from making any type of killing of animals for any purpose. After the filing of the writ petition, a petition was filed for amending the prayer in the writ petition by adding the additional prayer, namely, to set aside the industrial licence granted to the 5th respondent in November, 1992 by the Union of India, Industries Department and to declare the same as illegal. The petition was allowed on 2-2-93.3. It is necessary briefly to refer to the facts which led to the filing of the writ petition: M/s, Al-K...

The Vice-chairman and Housing Commissioner, A.P. Housing Board and Oth ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The opposite parties Nos. 1 to 3 in C.D. No. 384 of 1991 are the appellants. The respondent, who is the complainant was allotted an L.I.G. House at Proddutur, on payment of installments, amounting to Rs. 8,740-00. He paid the installments and also the escalation cost being l/8th of the installment, that is, Rs. 362-00. After completion of the building, an agreement was entered into on 31-3-1989 between the complainant and the opposite parties. It is relevant to note that even before entering into the agreement, the complainant gave a notice on 17-1-1989 complaining that there is leakage and cracks in the building. As, according to the Complainant, it is not possible to live in the building, as there are so many cracks and leakage, he, requested the opposite party to refund the amount paid by him. As the opposite parties did not refund the amount, he filed this complaint claiming a sum of Rs. 17,645-62, including interest at 18% and the cost of applic...

Nurani Jamal and Others Vs. Naram Srinivasa Rao and Others

Court: Andhra Pradesh

Reported in: I(1995)ACC344; 1994ACJ222; AIR1994AP6; 1993(1)ALT686

ORDER1. The petitioner being the legal representatives of one Jaheen Jamal alias Rumani (since deceased) filed this revision questioning the order made in I. A. No. 1586/ 89 filed by them under O. 22, R. 3, C.P.C. seeking to be impleaded as petitioners Nos. 2 to 4 in O.P.79/86 on the file of the III Additional Motor Accidents Claims Tribunal (III Additional District Judge) Kakinada.2. One Jaheen Jamal alias Rumani, filed O.P.79/86 claiming compensation for the injury sustained by him in a motor accident against the respondents. While the said O.P. was pending, Jaheen Jamal alias Rumani died in another motor accident on 3-4-1987 leaving behind him petitioners Nos. 2 to 4 who are his parents and wife. As he died pending O.P., the petitioners Nos. 2 to 4 filed I.A.1586/89 for impleading them as petritioners Nos. 2 to 4 in the said original petition on the ground that Jaheen Jamal alias Rumani claimed a sum of Rs. 18,286.55 Ps. towards the amount that was spent in respect of the treatment ...