Andhra Pradesh Court August 2003 Judgments
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A. Narsamma and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Aug-19-2003
Reported in: 2003(6)ALD247
ORDERV.V.S. Rao, J. 1. The petitioners claim to be the owners of land comprised in S.No. 436-1 admeasuring Acs.4-46 cents situated in Hindupur village. The 1st respondent issued notification under Sub-section (1) of Section 4 of the Land Acquisition Act, 1894 ('the Act' for brevity) proposing to acquire land for a public purpose for establishment of Autonagar in Hindupur. A copy of the notification was published in the local newspapers on 7.11.2001. Thereafter, a declaration was published under Sub-section (1) of Section 6 of the Act on 30.3.2002. These two notifications are assailed in this Writ Petition. 2. It is contended that the notification issued under Section 4(1) and the declaration made under Section 6(1) of the Act by the District Collector are without jurisdiction. Secondly, it is urged that the declaration was made as if the land is being acquired for the purpose of establishment of Autonagar at Hindupur whereas the notification published in the newspapers under Section 4(...
Darga of Hazrath Ali Shah Chisti Through Its Sajjada and Mutawalli, Ha ...
Court: Andhra Pradesh
Decided on: Aug-19-2003
Reported in: 2003(6)ALT740
C.Y. Somayajulu, J.1. Plaintiff in O.S.No. 2329 of 1979 on the file of the Court of the IV assistant Judge, City Civil Court, Hyderabad, is the appellant in this second appeal. This said suit is a second suit for declaration of the title of the appellant to the properties mentioned in the plaint and for recovery of possession thereof after ejecting the respondents therefrom and for past and future mesne profits.2. The earlier suit in which the suit property was held to be a wakf property, relief of recovery of possession sought therein was dismissed by the trial Court on the ground that it is barred by limitation and that judgment was ultimately upheld by the Supreme Court in Syed Yousuf Yar khan v. Sayed Mohammed Yar Khan, : [1967]2SCR318 on the ground that the suit is governed by the provisions of Limitation Act 1908. On the ground that as per Limitation Act 1963 the owner of immovable property can institute a suit for recovery of possession and it is for the defendant establish exti...
Charlapalli Yadamma Vs. Miryala Gopaiah and anr.
Court: Andhra Pradesh
Decided on: Aug-18-2003
Reported in: 2003(5)ALD753
ORDERL. Narasimha Reddy, J.1. The petitioner presented a plaint SR.No. 674 of 2003 in the Court of the Junior Civil Judge, Nalgonda seeking the relief of partition and separate possession of the suit schedule property, against the 1st respondent.' She paid the Court fee under Section 34(2) of the A.P. Court Fee and Suits Valuation Act, 1956 (hereinafter referred to as 'the Act'). The Trial Court returned the plaint on taking the view that Court fee ought to have been paid under Section 34(1) of the Act, since it is not established that she is in joint possession with the defendants. Hence, this revision petition.2. Sri Sai Gangadhar Chamarthy, learned Counsel for the petitioner submits that the petitioner is the sister of the 1st defendant and according to her, the suit schedule property is held in joint, by herself and the 1st defendant. It is his case that unless the plaintiff in a given case avers to the effect that he is excluded from the possession of the suit schedule property an...
Tirumalareddi Ramagopala Reddy and ors. Vs. Bhimavarapu Paravathi
Court: Andhra Pradesh
Decided on: Aug-18-2003
Reported in: AIR2004AP92; 2004(1)ALD126; 2004(2)ALT519; II(2004)BC536
C.Y. Somayajulu, J.1. Defendants in O.S. No. 84 of 1979 on the file of the Court of Subordinate Judge, Eluru are the appellants.2. Respondent filed the suit against the appellant for recovery of Rs. l1,304.38 due to her under a promissory note dated 15.1.1977 executed by them in her favour for Rs. 10,000/-. The case of the appellants is that late T. Chinna Achireddy, father of Appellants 1 and 2 and husband of third appellant had dealings with the husband of the respondent in connection with his Tobacco business and the husband of the respondent came with a pre-written promissory note reciting as if it is executed by the sons of Achireddy for Rs. 10,000/-, to their house and asked them to sign that promissory note promising that accounts can be settled later, but Sivarama Krishna Reddy brother of appellants 1 and 2 refused to affix his signature thereto and the 3rd appellant affixed her signature thereto in her individual capacity but not as the guardian of her the then minor son and a...
Union of India (Uoi) and ors. Vs. S.M. HussaIn Rasheed and ors.
Court: Andhra Pradesh
Decided on: Aug-14-2003
Reported in: 2003(5)ALD150; 2003(5)ALT143
B. Sudershan Reddy, J.1. This batch of writ appeals as well as the writ petition may be disposed of by a common judgment, since common questions of law and facts arise for consideration between the same parties.2. W.A. No. 936 of 1999 is filed by the Union of India and others against the order dated 26-4-1999 made in W.P. No. 9381 of 1994 by a learned single Judge of this Court, whereas W.A. Nos. 890 and 1407 of 2001 are filed against the order dated 19-4-2001 made by a learned Single Judge of this Court in W.P. No. 12124 of 2000, by the Executive Officer, Secunderabad Cantonment Board and Defence Estate Officer, A.P. Circle. Secunderabad respectively.3. W.P. No. 801 of 2003 is interconnected and, therefore, the same is also taken up for disposal along with these writ appeals.W.A. No. 936 of 19994. That one S.M. Hussain Rasheed (hereinafter referred to as 'the writ petitioner') filed W.P.No. 9381 of 1994, out of which W.A.No. 936 of 1999 has arisen, challenging the action of Union of I...
M.V. Chalapathirao and ors. Vs. Managing Director, Bharat Heavy Plates ...
Court: Andhra Pradesh
Decided on: Aug-14-2003
Reported in: 2003(5)ALD712; 2003(6)ALT213; (2004)ILLJ9AP
G. Yethirajulu, J1. This writ petition is filed by a set of persons working in the Material Management Stores of Bharat Heavy Plates and Vessels Ltd., Visakhapatnam under Article 226 of the Constitution of India praying to issue an order, direction or a writ in the nature of mandamus directing the first respondent to regularize their services, pay them salaries under the scales of pay attached to those posts and to further direct the first respondent to regularize their services from the date from which the juniors' services were regularized and to pay the arrears of salary.2. The 22nd petitioner in the affidavit filed in support of the petition pleaded that the petitioners are working in the first respondent organization since 1985 in the Material Handling Stores continuously without any break or interruption. They were taken into service by the first respondent in the year 1985 and since then they worked under several contractors, and presently under the second respondent They are di...
M. Dora Prasad Vs. Corporation Bank and ors.
Court: Andhra Pradesh
Decided on: Aug-14-2003
Reported in: 2003(5)ALD754; (2004)ILLJ722AP
1. This appeal is preferred by the writ petitioner in W.P. Nos. 5621 of 1989. He filed the writ petition praying to set aside the order of his dismissal from the service passed by the first respondent-Bank by issuing a writ of certiorari calling for the records relating to the orders and to hold that the orders of the respondents are illegal, mala fide, unfair and unjust.2. A learned Single Judge of this Court dismissed the above writ petition on 16-3-1995 holding that the petitioner is not entitled for the relief as prayed for. The petitioner being aggrieved by the order of the learned Single Judge preferred this appeal challenging the validity and legality of the order.3. For the purpose of convenience we wish to refer the appellant as petitioner. The brief facts leading to the filing of the appeal are as follows:4. The petitioner worked as a clerk in the first respondent-Bank. On 12-10-1984 he was suspended and a domestic enquiry was ordered against him for substituting genuine gold...
Vysya Bank Limited Vs. A.P. State Agro Industries, Development Corpora ...
Court: Andhra Pradesh
Decided on: Aug-14-2003
Reported in: AIR2004AP10; 2003(5)ALD410; 2003(5)ALT815; 2004(1)CTLJ441(AP)
B. Seshasayana Reddy, J.1. Aggrieved by the judgment and decree dated 22-2-1988 passed in O.S.21 of 1985 on the file of Subordinate Judge, Addanki, Prakasam District, D-1 has filed this appeal.2. R-1 herein is the plaintiff; the appellant and R-2 are D-1 and D-2 in O.S.21/ 85. The plaintiff filed the suit for recovery of Rs. 1,80,781.40 from D-1 by way of damages towards loss of interest and costs to it because of retaining the cheques mentioned in the plaint A and B schedules for a long time than provided for. The plaint averments in brief are as follows:The plaintiff deals business in fertilizers, pesticides and insecticides etc. and it is a State Government undertaking. M/s. Nagarjuna Fertilizers Chilakaluripeta and M/s. Padmaja Enterprises, Muppavaram are the dealers of the plaintiff. D-1 is the bank of the dealers and whereas D-2 is the banker of the plaintiff. The dealers issued various cheques drawn on D-1 in favour of the plaintiff. The plaintiff presented the cheques for colle...
Akula Ganga Raju and anr. Vs. Presiding Officer, Yeleswaram Mandal Pra ...
Court: Andhra Pradesh
Decided on: Aug-14-2003
Reported in: 2003(5)ALD619; 2004(5)ALT563
ORDERL. Narasimha Reddy, J.1. The question that falls for consideration in this writ petition is as to whether respondents 2 to 5, who were elected as members of the Mandal Parishad Territorial Constituency in Yeleswaram Mandal have incurred disqualification under Section 153 of the A.P.Panchayat Raj Act, 1994 and the Rules contained in G.O. Ms. No. 756 dated 30-1-1994 as amended by G.O.Ms. No. 81 dated 7-12-1994. This is the 2nd round of litigation on the issue.2. A.P. Panchayat Raj Act 1994 (hereinafter referred to as 'the Act') came to be enacted, as a sequel to the 73rd amendment to the Constitution of India in the year 1992. A three-tier system of the Panchayat Raj Institutions came to be introduced. At the bottom is the Village Gram Panchayat, at the middle is the Mandal Parishad and at the top is the Zilla Parishad, in the hierarchy. The Mandal Parishad comprises of territorial constituencies. From each territorial constituency, a member is to be elected and the members in turn ...
Toddy Tapers Co-operative Society Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-14-2003
Reported in: 2003(5)ALD393; 2003(5)ALT659
Devinder Gupta, C.J. 1. Appellant-Society has challenged the order passed by the learned Single Judge dismissing its Writ Petition (W.P. No. 24958 of 2002) by which the society had sought declaration that the order passed on 11.12.2002 by the second respondent, (Commissioner of Prohibition and Excise, Andhra Pradesh) is illegal, arbitrary and violative of the excise policy of the Government for the year 2002-2003 and is against the principles of natural justice.2. Parties are being referred to as they were arrayed in the Writ Petition. Three grounds were urged by learned Counsel for the petitioner in support of his submission to have the impugned order passed by the learned Single Judge and the order impugned in the writ petition set aside.3. Firstly, it was urged that as per the Bye-laws of the petitioner-society, it's area of operation extends to the entire Sadasivapet Municipality and, therefore, respondent No. 2 could not have exercised jurisdiction under the A.P. Co-operative Soci...
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