Andhra Pradesh Court October 1996 Judgments
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B.R. Naidu and ors. Vs. the Special Officer and Competent Authority, U ...
Court: Andhra Pradesh
Decided on: Oct-04-1996
Reported in: 1997(1)ALT614
ORDERSyed Saadatulla Hussaini, J.1. Heard both the counsel. Both the parties agreed to dispose of the writ petition.2. The learned Counsel for the petitioners submits that in pursuance of notices issued under Sub-section (3) of Section 8 of Urban Land (Ceiling and Regulation) Act, 1976 by the 1st Respondent in respect of Ac.12-00 of land in S.No. 391 of Sheikpet village, Golconda Mandal, the petitioners have filed objections along with their relevant title documents and other revenue documents, before the Special Officer, Urban Land Ceiling i.e., the respondent within the stipulated time on the ground that they are the absolute owners of the property and it does not belong to the declarant.3. The learned counsel for the petitioners submits that after the objections have been filed by the petitioners before the respondent, the respondent has issued a memo No. E/9133/76, dated 13-9-1996 directing the petitioners to produce the documents mentioned therein. The respondent is entitled only ...
Teki Venkata Ratnam and ors. Vs. Deputy Commissioner of Endowments and ...
Court: Andhra Pradesh
Decided on: Oct-04-1996
Reported in: 1996(4)ALT374
Lingaraja Rath, J.1. The petitioners-appellarts filed W.P.No.10824 of 1987 questioning the notice issued to them by the Deputy Commissioner,. Endowments Department, Kakinada - 1st respondent in O.A. No. 1 of 1987 on 6-6-1987 purportedly under Section 77 (1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (for short 'the 1966 Act') to decide whether Sri Pandurangaswamy temple, Chilakalapudi, Machilipatnam is a public or a private temple as also the order passed by the first respondent in LA. No. 36/87 in O.A. No. 1/87 on 20-74987 deciding that he has jurisdiction to decide the question. The writ petition was filed questioning the jurisdiction of the first respondent to issue the notice. The basis of the challenge is an earlier order passed by the District Judge, Krishna, Machilipatnam in O.P.No.1/1940 on 24-10-1941 declaring the temple as private. The writ petition having been dismissed on 31-12-1993, the present appeal has been preferred.2. Na...
The Special Deputy Collector, Land Acquisition (General) Vs. Chandhras ...
Court: Andhra Pradesh
Decided on: Oct-04-1996
Reported in: 1996(4)ALT478
P. Ramakrishnam Raju, J.1. The Special Deputy Collector, Land Acquisition (General), Hyderabad is the appellant. He acquired-Ac. 6-32 guntas in Survey Nos. 61,62,63 and 68 of Bagh Amberpet belonging to the respondents for purpose of constructing a Housing Colony. A draft notification under Section 4(1) of the Land Acquisition Act was published on 6-1-1972 and the draft declaration under Section 6 was later published in the Gazette dated 13-4-1972. Notices under Sections 9 and 10 of the Act were also issued on 17-4-1972 and the respondents have submitted their claim statement on 3-5-1972. An agreement dated 10-2-1972 was also entered into between the parties fixing the market value of the land at the rate of Rs. l8/-per square yard. However on 27-11-1972 a notification under Section 48 of the Land Acquisition Act was published withdrawing the acquisition proceedings. The respondents-claimants therefore sought for a reference under Section 48(2) of the Land Acquisition Act claiming compe...
Besi Appa Rao Vs. Motha Peddy Reddy and ors.
Court: Andhra Pradesh
Decided on: Oct-03-1996
Reported in: 1997(1)ALT137
V. Bhaskara Rao, J.1. This Second Appeal is filed against the Judgment and decree in A.S. No. 156/1992 on the file of the Second Additional District Judge, East Godavari at Rajahmundry dated 14-2-1994 confirming the judgment and decree in O.S.No. 11/1982 confirming the judgment and decree in O.S.No. 11/1982 on the file of the Subordinate Judge, Rajahmundry, who decreed the suit of the plaintiff for specific performance of Ex. A-1 agreement of sale dated 19-10-1978 while declaring that Ex. B1 agreement for sale dated 24-104973 propounded by defendant No. 9 - appellant herein as false and fabricated.2. The brief facts giving rise to this second appeal are as under:- The land bearing RS. No. 144 measuring 2 acres (0.809 hectares) on the southern side out of total extent of 9 acres 13 cents situated at Ramadasupeta Panchayat, Rajahmundry Rural of East Godavari District, originally belonged to Jala Venkayamma, mother of respondent Nos. 2 to 7 and mother-in-law of respondent No. 8 herein. Ja...
Annapureddy Hari Kumar Reddy and anr. Vs. Basu Subba Reddy
Court: Andhra Pradesh
Decided on: Oct-03-1996
Reported in: 1997(1)ALT187
ORDERK.B. Siddappa, J.1. This Revision is filed against the Judgment passed in C.M.A.No. 72/95 on the file of Subordinate Judge, Gurazala.2. The Suit is filed for mandatory injunction. The plaintiffs also filed I. A.No.817/95 for grant of temporary injunction. Ex-parte ad-interim injunction was granted on 11-9-1995 against defendants 1 and 2, Defendant No. 2 filed I.A.No. 844/95 for vacating the injunction granted. After hearing both the sides and considering the documents available on record, I.A.No. 844/95 was dismissed and the interim injunction granted was made absolute. Aggrieved by the said order in I.A.No. 844/95, defendant No. 2 preferred G.M.A.No. 29/ 95 in the Court of Subordinate Judge, Narsaraopet and it was transferred to Sub-Court, Gurazala and it was renumbered as C.M.A.No. 72/953. The learned Subordinate Judge, considering the various contentions and also the documents available on record, allowed the Appeal by the judgment dt. 28-6-1995.4. Aggrieved by the said Judgmen...
Government of A.P., Rep. by Its Chief Secretary to Government, General ...
Court: Andhra Pradesh
Decided on: Oct-03-1996
Reported in: 1997(1)ALT359
P.S. Mishra, J.1. This appeal under Clause 15 of the Letters Patent of the Court is preferred against the judgment in Writ Petition No. 28743 of 1995 dated 7-8-1996 in a proceeding Under Article 226 of the Constitution of India.2. Factual matrix, which is not in dispute, is fully set out by the learned single Judge in the impugned judgment and for brevity we take out only such facts which for the purposes of the appeal appear to us to be relevant. The petitioner was the Administrative Member of the Andhra Pradesh Administrative Tribunal constituted Under Section 4(2) of the Administrative Tribunals Act, 1985 and in due course was appointed Vice-Chairman with effect from 11-11-1991. While he was in office as the Vice-Chairman of the Tribunal, his wife suffered Cardiac problem and she was admitted in the I.C.C.U. of Osmania General Hospital on 18-5-1995 under the care of Dr. Sudheer Naik. The patient, however, on medical advice was shifted to Mediciti Hospital, (a private corporate hospi...
Anumalasetty Subbadravalli Tayaramma Vs. Nagalla Mallikarjuna Rao
Court: Andhra Pradesh
Decided on: Oct-03-1996
Reported in: 1996(4)ALT216
ORDERK.B. Siddappa, J.1. This Revision is filed against the order passed in E.P. No. /91 in R.C.C. No. 20/88, on the file of Principal District Munsif, Ongole.2. The Execution Petition was filed for recovery of arrears of rent due from the respondent-tenant. The office took objection as to the maintainability of the Execution Petition. The objection is that without a decree to recover the arrears of rent, the arrears cannot be recovered basing on the order of eviction passed under Section 11(4) of the Rent Control Act. The lower Court after considering the relevant provisions upheld the objection and observed that it is open to the landlord to file a suit for recovery of arrears of rent if it is within time. Consequently the Execution Petition was rejected.3. Aggrieved by the said order the present Revision is filed.4. The learned Counsel appearing for the Revision petitioner submitted that there is a direction under Section 11(1) to deposit the rent during the pendency of the eviction...
Raj Kumar Deen (Died) Per L.Rs. Vs. Dr. A.S. Din
Court: Andhra Pradesh
Decided on: Oct-03-1996
Reported in: 1996(4)ALT360
P. Rama Krishnam Raju, J.1. The first appellant and the respondent are brothers and sons of late J.D.M. Din. Their father died on 25-10-1970 at Raichur, survived by his two sons, mentioned above, a foster daughter Premalatha leaving a house bearing Na.3-6-423 situated at Himayatnagar, Hyderabad together with furniture and other moveables in the said house. Although he was a permanent resident of Hyderabad, he went to Raichur to stay with the first appellant one-and-half years prior to his death i.e., on 25-3-1970. During his life-time he voluntarily executed a Will dated 15-2-1970 in a sound and disposing state of mind. As the parties are Christians, the first appellant filed O.S. No. 6 of 1981 renumbered as O.S.No.147 of 1981 under Section 213 of the Indian Succession Act for the issue of a Probate or Succession Certificate on the basis of the said Will against the respondent. The first appellant examined three more witnesses besides examining himself as P.W. l and marked Exs.A-1 to A...
Thiruveedhi Nagendra Rao Vs. District Collector, Prakasam Dist. at Ong ...
Court: Andhra Pradesh
Decided on: Oct-01-1996
Reported in: AIR1997AP335
ORDER1. The petitioner herein prays for an appropriate writ, order, or direction particularly one in the nature of Mandamus and declare the action and decision of respondents to open a new Fair price shop at Nekhunambad village of Besthavarapet Mandal, Prakasam District by bifurcating the existing fair price shop of Somavarapeta village of Besthavaraipeta Mandal, as arbitrary, illegal and violative of principles of natural justice and the provisions of Arts. 14, 21 and 300A of the Constitution of India.2. The petitioner is an authorised fair price shop dealer of Somavaripeta. He was appointed as such by the Revenue Divisional Officer in the year 1991. The fair price shop was originally located in Besthavaripeta village and on instructions from the 2nd and 3rd respondent, the said shop is shifted to Somavaripet in the month of March, 1996. It is stated that the villagers of Nekhunambad, Somavarapeta and Besthavarapeta are roughly situated as three points of triangle at a distance of 1/2...
Binny Ltd. Vs. Nizam Sugars Ltd. and ors.
Court: Andhra Pradesh
Decided on: Oct-01-1996
Reported in: 1996(4)ALT100; [1997]88CompCas741(AP)
C.V.N. Sastri, J.1. All these civil miscellaneous appeals are directed against a common order dated September 23, 1996, passed by the Fifth Additional Judge, City Civil Court, Hyderabad, dismissing the applications filed by the appellant herein under Order 39, rules 1 and 2 of the Civil Procedure Code, 1908, read with section 9 of the Arbitration and Conciliation Ordinance, 1996, seeking temporary injunctions restraining the first respondent herein from enforcing certain bank guarantee furnished by the appellant and also restraining respondents Nos. 2 and 3 banks from making payment to the first respondent under the said bank guarantees pending disposal of the three suits filed by the appellant against the respondents in that behalf. 2. The facts leading to the appeals can be stated briefly : The appellant entered into three separate contracts dated November 30, 1990, with the first respondent for supply, erection and commissioning of three plants for the manufacture of sugar at Metpal...
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