Andhra Pradesh Court October 1997 Judgments
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Choda Dharampal Reddy Vs. Revenue Divisional Officer, Nalgonda Distric ...
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: 1998(1)ALD261; 1998(1)ALT47
1. These two appeals, the former by the first claimant/landholder and the latter by the Land Acquisition Officer, Miryalaguda, as well as the beneficiary of acquisition, namely, Andhra Pradesh State Road Transport Corporation under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') relate to acquisition of land bearing S.Nos.19 and 20 measuring Ac.1.90 situate in Nidamanoor village for the purpose of construction of Bus-Station at Nidamanoor.2. The acquisition proceedings commenced with the publication of draft notification under Section 4(1) of the Act in the Gazette on 3-2-1987. Possession of the land was taken over on 13-5-1987. The Land Acquisition Officer after due enquiry passed the award on 29-3-1989. fixing the market value at Rs.30,000/- per acre. Not satisfied with the same, the claimants sought for a reference under Section 18 of the Act. Thereupon, the matter was referred to the Court of Subordinate Judge, Miryalaguda and registered as OP No.20/89.3. Before ...
SadruddIn Javeri Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: [2000]243ITR579(AP)
P.S. Mishra, C.J.1. The petitioner Sadruddin Javeri and another have moved this Court under Art. 226 of the Constitution alleging, inter alia, that the respondent police officials have violated his right under Art. 21 of the Constitution of India by entering into his residential house in Plot No. 330, Road No. 25, Jubilee Hills, Hyderabad, seized various articles, falsely registered a case in Cr. No. 26/1996 on the file of P.S., CCS, Hyderabad, and committed various atrocities for which he has sought adequate compensation. The petition, though in a haphazard manner, discloses the following facts : The petitioner was appointed as the principal advisor and head of the managing committee called Shar-e-Khas of the properties by the ex-Nizam of Hyderabad in August 1990. Certain events, however, brought in some disenchantment. Nizam severed his relations with him (the petitioner) and issued a letter dt. 27th May, 1995 withdrawing the powers which he had given to him (the petitioner). There h...
SadruddIn Javeri Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: 1998(4)ALD113; 1998(1)ALD(Cri)943; 1998(1)ALT529
ORDERP.S. Mishra, CJ1. Petitioner Sadruddin Javeri and another have moved this Court under Article 226 of the Constitution alleging inter alia that the respondent Police Officials have violated their right under Article 21 of the Constitution of India by entering into his residential house in Plot No.330, Road No.25, Jubilee Hills, Hyderabad, seized various articles, falsely registered a case in Cr.No.26/96 on the file of P.S., CCS, Hyderabad and committed various atrocities for which he has sought adequate compensation. The petition, though in a haphazard manner, discloses the following facts :Petitioner was appointed as the Principal Advisor and Head of the Managing Committee called Sharfe-Khas of the properties by the ex-Nizam of Hyderabad in August, 1990. Certain events, however, brought in some disenchantment. Nizam severed his relations with him (the petitioner) and issued a letter dated 27-5-1995 withdrawing the powers which he had given to him (the petitioner). There has been s...
Raghavarapu Nageswara Rao Vs. Tenneti Venkata Lakshmi Narayana
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: 1997(6)ALT762
Y.V. Narayana, J.1. This revision is preferred against the decree and order dated 19-7-1997 passed in E.P. No. 107 of 1995 in O.S. No. 495 of 1987 on the file of I Addl. District Munsif's Court, Tanuku.2. The Judgment-debtor is the revision petitioner. The respondent-decree holder filed the E.P. under Order XXI Rule 37 C.P.C. for the arrest of the Judgment-debtor. It seems, the decree holder previously filed E.P. Nos. 153 of 1988, 102 of 1990 and 113 of 1994 and realised certain amount that was due under the decree which was obtained by him. Still a sum of Rs. 8,500/- is found due to him. Therefore, he filed the present E.P. The Judgment-debtor is an employee in Andhra Sugars Limited and is drawing a sum of Rs. 3,600/ - towards his salary. While so, the judgment-debtor resisted the present E.P. contending that his salary was under attachment continuously for 24 months in E.P. No. 102 of 1990 and as per the provisions of Section 60 C.P.C., his salary cannot be attached again in the pres...
M. Sai Reddy Vs. L. Balaiah @ Babu Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: 1997(6)ALT321
S.V. Maruthi, J.1. These two appeals are disposed of by a common judgment as the issues are common. Second Appeal No. 235/93 has filed against A.S. No. 111/85. A.S.No.111/85 was filed against O.S.No.427/81.2. Second Appeal No. 236/93 was filed against A.S.No.110/85. A.S. No. 110/85 was filed against O.S.No.1383/81.3. O.S.No.427/81 was filed by one Smt. U.R. Ellamma and Sri U.K. Ranganayakulu who are wife and husband and the owners of the suit house bearing No. 12-1-1623/1, Ambedkar Nagar, North Lalaguda, Secunderabad for a declaration that D-1 is only a benamidar under the agreement to sale dated 1-6-1972 executed by D-2 and D-3 and for an injunction against the defendants restraining them from interfering with their possession pursuant to the order dated 9-3-1989 of the Special Executive Magistrate, Hyderabad in M.C.No.B-76/79. The averments of plaintiff No. 1 in principle are that Smt. U.R. Ellamma and Sri U.K. Ranganayakulu borrowed an amount of Rs. 3,000/- from D-2 and D-3 in Novem...
A. Citizen Vs. District Collector, R.R. Dist. and Others
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: 1998(4)ALD389
ORDERP. Ramakrishnam Raju, J 1. A citizen without disclosing his identity sent up a petition dated 27-1-1997 to the Hon'ble the Chief Justice of High Court of A.P. slating that some unscrupulous stone crusher owners are plundering the natural resources, more particularly granite wealth, in Tchgal dodi, Nanakramguda, Hills of Khanapur and Kokapct in Ranga Reddy District, that district administration and law implementing authorities are not taking any action, that due to blasting and crushing of stones a fine granite silica dust is entering into ihe atmosphere which causes silicosis disease, that there is great danger for mass rise of respiratory diseases at Jubilee Hills, Mehdipatnam, Toli Chowki areas of City of Hyderabad. Petitioner, therefore requests to ban all the activities of granite crushing in those areas.2. The Registry has registered the petition as Writ Petition No.7326 of 1997 entertaining the same as Public Interest Litigation after obtaining necessary orders from the Hon'...
K. Pushpa Leela Vs. Government of Andhra Pradesh Rep. by Its Secretary ...
Court: Andhra Pradesh
Decided on: Oct-17-1997
Reported in: 1998(1)ALT110
P.S. Mishra, C.J.1. Conscious we are that a Government Pleader or Assistant Government Pleader is appointed not under any statute but is contracted to work in the cases instituted by or against the Government of the State and thus termination of such appointment of a Government Pleader or Assistant Government Pleader does not attract such principles of law which are applied to employees of the Government of the State or its agents, instrumentalities or even of other statutory authorities. Conscious also we are of the principle that Courts ordinarily do not interfere with the termination of appointment of a lawyer by a client as Courts do not decide upon the choice of the client to engage a lawyer for its work and a client has freedom to replace a lawyer already engaged for work by another lawyer, yet, when we enter into the facts as disclosed in the instant proceeding we see that the case is not one of an run- of-the-mills and is an exception which needs Court's intervention.2. Petitio...
S. Vijaya and ors. Vs. S. Dharmaraju and anr.
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: II(1998)DMC219
T. Ranga Rao, J.1. This revision is filed against the orders dated 20.9.1996 in Crl. M.P. No. 1137 of 1996 in M.C. No. 30/94 on the file of the IV Addl. Judicial Magistrate of First Class, Kakinada.2. The petitioners filed a petition under Section 128, Cr. P.C. for implementa- tion of orders passed in M.C. No. 30/94 stating mat the Court granted maintenance to the petitioners @ Rs. 500/- to each of them directing the respondent to pay the same from the date of petition and the respondent failed to pay the said amount from 27.6.1994 to 27.3.1996 and thus the arrears accumulated to the tune of Rs. 31,500/- payable by him and thus sought for issuance of the distress warrant against the respondent for realisation of the amount.3. But the learned Magistrate passed orders stating that the order dated 22.1.1996 granting maintenance at the rate of Rs. 500/- to each of the petitioners did not contain from which date the petitioners are entitled either from the date of the order or from the date...
Suraboyina Vijaya and ors. Vs. Suraboyina Dharmaraju and anr.
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: 1998(1)ALD(Cri)166; I(1999)DMC377
T. Ranga Rao, J.1. This revision is filed against the orders dated 20.9.1996 in Crl.M.P. No. 1137 of 1996 in M.C. No. 30/94 on the file of the IV Addl. Judicial Magistrate of First Class, Kakinada.2. The petitioners filed a petition under Section 128, Criminal Procedure Code for implementation of orders passed in M.C. No. 30/94 stating that the Court granted maintenance to the petitioners @ Rs. 500/- to each of them directing the respondent to pay the same from the date of petition and the respondent failed to pay the same amount from 27.6.1994 to 27.3.1996 and thus the arrears accumulated to the tune of Rs. 31,500/- payable by him and thus sought for issuance of the distress warrant against the respondent for realisation of the amount.3. But the learned Magistrate passed orders stating that the order dated 22.1.1996 granting maintenance at the rate of Rs. 500/- to each of the petitioners did not contain from which date the petitioners are entitled either from the date of the order or ...
Advocate General, High Court of A.P., Hyd. Vs. Executive Engineer, Ran ...
Court: Andhra Pradesh
Decided on: Oct-16-1997
Reported in: 1998(3)ALD188; 1998(1)ALT209
ORDERP. Ramakrishnam Raju, J .1. The District and Sessions Judge, East Godavari District at Rajahmundry, through his letter dated 18-9-1997 forwarded the letter of Subordiante Judge, Pithapuram to the High Court. The Subordinate Judge Pithapuratn in his letter dated 15-9-1997, addressed to the District Judge, Rajahmundry, informed that the Subordinate Judge's Court is housed in a private building, and in the Road widening scheme taken up by the R&B; authorities, the building is being demolished and the work is in progress to an extent of 5 width, dust is entering into the Court Hall, there is no protection to the litigant public till the building is remodelled and parapet walls arc constructed on the Easterna side, since part of the existing building is being demolished on Eastern side. As the steps and stair case have been removed partly, there is no possibility for the litigant public to enter into the Court Hall and Electricity, Water and Telephone connections are disconnected. Ther...
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