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Andhra Pradesh Court January 2002 Judgments

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Jan 29 2002

K.R. Lakshmi Bai and anr. Vs. Revenue Divisional Officer, Kamareddy, N ...

Court: Andhra Pradesh

Decided on: Jan-29-2002

Reported in: 2002(3)ALD33

ORDERP.S. Narayana, J. 1. The writ petition is filed for a writ of mandamus or any other appropriate writ, order or direction, declaring the action of the first respondent in impounding the documents dated 11-11-1967 and 14-2-1981 by collecting stamp duty of Rs. 5/- and 10 times penalty on each of the documents, as illegal, arbitrary and without jurisdiction, by further declaring that the said documents are not properly impounded and for other appropriate reliefs. 2. The facts, as narrated by the writ petitioners in the affidavit in support of the writ petition, in nutshell are as follows: It is stated that respondent Nos.2 and 3, who are the plaintiff in OS No. 51 of 1994 on the file of Subordinate Judge, Nizamabad, had instituted the said suit for partition and separate possession and in support of their claim for the said reliefs, they had submitted two documents dated 11-11-1967 and 14-2-1981 and when an objection was raised, the learned Subordinate Judge referred the said document...


Jan 29 2002

Golla Lakkam Kristaiah Vs. V. Subba Rao and anr.

Court: Andhra Pradesh

Decided on: Jan-29-2002

Reported in: 2003ACJ786; 2002(3)ALD656; 2002(3)ALT625

G. Rohini, J.1. This appeal is directed against the order dated 26-2-1993 in OP No. 242 of 1989 on the file of the Court of the Additional District Judge-cum-Motor Accidents Claims Tribunal, Anantapur.2. The brief facts of the case are as follows:The appellant herein filed OP No.242 of 1989 before the Motor Accidents Claims Tribunal, Anantapur under Section 110-A of the Motor Vehicles, Act, 1939 claiming compensation of Rs. 22,000/- for the death of 15 sheep belonging to him in a motor accident. It is the case of the appellant that on the intervening night of 10/11-3-1989 the appellant and another person by name Golla Pottipadu Suryudu were taking 600 sheep to Yerraguntapalli village after grazing and that when they were near Peddavanka culvert, the lorry bearing No. APA 8793 came from Tadipathri side in a rash and negligent manner without blowing horn and ran over the sheep resulting in the death of 5 sheep on the spot apart from causing injuries to 10 sheep, which also died subsequen...


Jan 29 2002

V. Nagamani Vs. Govt. of A.P., Revenue (Endowments Ii) Department and ...

Court: Andhra Pradesh

Decided on: Jan-29-2002

Reported in: 2002(4)ALT778

ORDERElipe Dharma Rao, J.1. Impugning the order passed by the State Government in G.O.Ms.No. 751, dt. 17-8-1990 by which the State Government accorded permission to the Custodian of Sri Swami Hathiramji Mutt, Tirupathi, Chandragiri Taluk, Chittoor District for sale of land measuring a total extent of Ac. 25.36 gts. belonging to the mutt at the rate of Rs. 22,000/- per acre in favour of the sitting tenants i.e., an extent of Ac. 14.36 cents in Sy.No. 51/1 in favour of Smt. M. Changamma and an extent of Ac. 11.00 cents in Sy.No. 54/2 in favour of Sri T. Muniswamy Naidu by registered sale deeds dt. 25-10-1990 and dt. 15-10-1990 vide document Nos. 881 and 859 of 1990 respectively by relaxing the ban on sale of temple lands, this writ petition is filed seeking writ of certiorari to quash the said order. Before adverting to the contentions raised, it is necessary to notice few facts of the case.2. Respondents 4 and 5 were the sitting tenants of Sri Swamy Hathiramji Mutt, which owns immovable...


Jan 28 2002

Motamarri Venkata Kotamma and ors. Vs. Narra Lakshmaiah and ors.

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(3)ALD762; 2002(4)ALT621

ORDER1. In this revision the petitioners challenge the order of the Court of Subordinate Judge, Cheerala in E.A.No.160 of 1997 in E.P.No.42 of 1995 in O.S.No.12 of 1942.2. The relevant facts may be briefly stated as under:O.S.No.12 of 1942 was filed in the Court of the Subordinate Judge, Tenali for partition. In that suit, the ancestor of the petitioners herein by name Motamarri Veeraiah was defendant No.3. During the pendency of the suit, item-12 of the B-schedule was under the possession and management of defendant No.3. He entered into an agreement of sale in favour respondents herein on 16.3.1957. Possession of the said item of property was delivered to the petitioners. Defendant No.3 died somewhere in the year 1960. Thereafter, the petitioners herein who are legal representatives of defendant No.3 executed sale deeds in favour of respondents transferring item No.12 of suit 'B' schedule property in the year 1963 under documents marked as Exs.B.1 and B.2. When certain proceedings we...


Jan 28 2002

Bathina Baby Jyotsna Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(2)ALD344; 2002(2)ALT158

Ar. Lakshmanan, C.J.1. This writ appeal is directed against the order dated 30-8-2001, passed by a learned single Judge of this Court, dismissing the writ petition being WP No.17977 of 2001, filed by the appellant, on the question of maintainability.2. Heard the learned Counsel for the appellant, the learned Additional Advocate-General for the State and the learned Standing Counsel for the Election Commission.3. The appellant submits that certain irregularities were committed in the conduct of elections to the office of Sarpanch. Chandurthi Gram Panchayat, GoIIaprole Mandal, East Godavari District, and that she made a representation to the Election Officer requesting him to recount the votes. The Election Officer, who agreed for recounting of the votes, in fact recounted only the invalid votes, and passed an order stating that she received 87 invalid votes from the Supervisors, and after thorough verification, four votes were decided as valid, and as such, the invalid votes are 83 only...


Jan 28 2002

B. Rajeswara Rao Vs. Secretary, Co-operative Department, Govt. of A.P. ...

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(2)ALD383; 2002(2)ALT175

Ar. Lakshmanan, C.J. 1. Heard Shri Vedula Venkata Ramana, learned Counsel for the appellant and the learned Government Pleader for the Department of Co-operation.2. The writ petition was filed seeking a writ of certiorari to call for the records relating to the Surcharge Proceedings dated 30-8-2001, initiated by the 3rd respondent Deputy Registrar, Divisional Co-operative Officer, Hyderabad, West Division against the writ petitioner under Section 60 of the A.P. Co-operative Societies Act (Act 7 of 1964) and also the final order dated 26-11-2001 passed by the 3rd respondentunder Section 21-AA(2) of the Act, and to quash the same and also all further proceedings initiated subsequent to the final order dated 26-11-2001 as illegal.3. The learned single Judge, after hearing the respective Counsel appeared on behalf of the parties, dismissed the writ petition filed by the appellant in view of the statutory appeal available to the writ petitioner-appellant under Section 76 of the Act by way o...


Jan 28 2002

N. Thirupathi Reddy Vs. Registrar, Central Administration Tribunal, Hy ...

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(2)ALD531; 2002(2)ALT176

B. Sudershan Reddy, J.1. This writ petition is directed against the order dated 19th July, 2001 passed by the Central Administrative Tribunal, Hyderabad in OA No. 649 of 2001, whereunder the Tribunal quashed the selection and appointment of the writ petitioner as Extra Departmental Branch Post-Master (EDBPM) ( for short 'the post'), Jillella village, Karimnagar district2. Before adverting to the question as to whether the impugned order passed by the Tribunal suffers from any legal infirmity requiring any correction as such by this Court, in exercise of its Certiorari jurisdiction, it may be necessary, briefly, to note the relevant facts leading to the filing of this writ petition.3. The second respondent herein issued notification dated 25-1-1999 inviting applications from the eligible candidates for the appointment to the post. The petitioner and the fifth respondent along with others applied to the post in response to the said notification. The writ petitioner was selected and appoi...


Jan 28 2002

Peddi Anjaiah and ors. Vs. Land Acquisition Officer and Revenue Divisi ...

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(2)ALD599; 2002(2)ALT167

Ar. Lakshmanan, C.J.1. Thewrit petitioners are the appellants in this writ appeal. We have perused the impugned judgment dated 15-11-2001 passed by the learned single Judge dismissing the writ petition and the entire pleadings and also the annexures filed along with the writ petition.2. The writ petition was filed seeking a writ in the nature of mandamus declaring the 4(1) Gazette Notification dated 23-11-1991 passed by the Land Acquisition Officer-Revenue Divisional Officer, Karimnagar acquiring the lands of the writ petitioners in an extent of Ac.1-37guntas in Sy.Nos. 623/1 and 624/A, B situated at Karimnagar Village, Mandal and District and all further proceedings taken pursuant to the said Notification as illegal and without jurisdiction.3. It was contended before the learned single Judge that Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and declaration under Section 6(1) of the Act was published simultaneously and that no...


Jan 28 2002

Sri. G.K. Raghupathi Vs. Secretary, Ministry of External Affairs and a ...

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(4)ALT615

ORDERG. Rohini, J.1. This revision petition is directed against the order dated 22.3.2000 made in I.A.No.1630 of 1996 in O.S.No.1503 of 1994 on the file of the court of the 10th Junior Civil Judge, City Civil court at Hyderabad, where under the delay of 70 days in filing the petition under Order 9, Rule 13 of CPC to set aside the ex parte decree has been condoned. Aggrieved by the said order the plaintiff has come up with the present Civil Revision Petition.2. O.S.No.1503 of 1994 has been filed by the revision petitioner seeking a decree against the respondents herein for recovery of Rs.23,600/- with interest. The said suit has been decreed ex parte by judgment dated 12.7.1996. The defendants-respondents herein filed an application under order 9, rule 13 of CPC to set aside the said ex parte decree and also filed I.A.No.1630 of 1996 under Section 5 of the Limitation Act to condone the delay of 70 days in filing the petition under Order 9, Rule 13 of CPC. In the affidavit filed in suppo...


Jan 28 2002

M.M. Balvalli and Two ors. Vs. the Hon. Judge, Family Court, Hyderabad ...

Court: Andhra Pradesh

Decided on: Jan-28-2002

Reported in: 2002(4)ALD319; 2002(3)ALT515; II(2002)DMC679

ORDERR. Ramanujam, J.1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order of the Family Court, Hyderabad, dismissing O.S.No.245 of 1999 as not pressed.2. The petitioners herein are defendants 1 to 3 in the aforesaid suit. That suit was filed by Mohini Madhukar Balvalli, who is no other than the daughter of the 1st petitioner herein, and another by name Sayeed-ur-Rahman, who claims to have married her, for perpetual injunction restraining the petitioners 1 to 3 herein, i.e., defendants 1 to 3 in the suit, their men and agents from interfering and entering into the peaceful married life of the plaintiffs at the premises bearing No.19-2-362, Doodhbowli, Palam Road, Hyderabad. Along with the said suit, an interlocutory application was also filed seeking interim injunction restraining the petitioners herein, their agents and men from interfering with the peaceful married life of the respondent-plaintiffs.3. In that suit summons were iss...


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