Andhra Pradesh Court December 2004 Judgments
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Kamisetty Pedda Venkata Subbamma and anr. Vs. Chinna Kummagandla Venka ...
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(2)ALD73; 2005(2)ALT462
ORDERS.R.K. Prasad, J.1. The landlords have preferred this revision against the judgment rendered in RCA No. 1 of 1996 by the Rent Controller Appellate authority-cum-Senior Civil Judge, Cuddapah confirming the order of the Principal District Munsif-cum-Rent Controller, Cuddapah dismissing the application filed for eviction holding that the rent agreement produced before the Court is not genuine one.2. The judgment of the Appellate Court is impugned on two grounds, viz., the Rent Controller Appellate Authority has not considered the written arguments and he has not compared the signatures on the vakalat, counter and the disputed document, where the respondent has denied his signature. The landlords Counsel has also sought for sending back the matter for reconsideration in the light of the written arguments presented before the Court. Reliance is also placed on a decision reported in G. Jaya Rao v. State of A.P., Land Reforms, Srikakulam, : 2003(3)ALT127 .3. The learned Senior Counsel ap...
Ahmed BIn Abood and ors. Vs. Commissioner, Mahabubnagar Municipality
Court: Andhra Pradesh
Decided on: Dec-21-2004
Reported in: 2005(2)ALD199
ORDERP.S. Narayana, J.1. Heard Sri Govardhan Ready, Counsel for the writ petitioners and Sri Polisettyi Radhakrishna, Standing Counsel for the respondent/Municipality.2. The only question which had been argued in elaboration by the Counsel for the writ petitioners is that the respondent/ Municipality cannot proceed with the proposed auction of the houses in question especially in view of the fact that G.O. Ms. No. 419, Municipal Administration, dated 13-8-1996 would cover the vacant lands or the sites and would not cover the buildings. The learned Counsel also in the alternative had drawn the attention of this Court to Rule 4 of the Acquisition and Transfer of Immovable Properties Rules 1967 and would contend that even in view of the said Rule, the proposed auction cannot be further proceeded with.3. On the contrary, Sri Polisetti Radhakrishna, the learned Standing Counsel for the respondent-Municipality would contend that inasmuch as the proceedings were taken in pursuance of the reso...
M.A. Basith Vs. Land Acquisition Officer
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(1)ALD500
ORDERA. Gopal Reddy, J.1. These four revisions have been heard together because they have common features and raise common issue.2. The factual backdrop of the controversy relevant for the purpose of present revision petitions may be stated thus:3. Pursuant to the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') dated 16-10-1982, lands of the revision petitioners and others were acquired. After due enquiry, Land Acquisition Officer awarded compensation at the rate of Rs. 20,000/- per acre and Rs. 2,15,000A (OP No. 204/87) Rs. 2,82,037/- (OP No. 202/87) for structures. On reference made under Section 18 of the Act, the reference Court enhanced the market value at Rs. 35,000/- per acre and Rs. 50,000/- over and above the compensation awarded for structures in OP Nos. 253/87, 204/87, 202/87 and 61/87 respectively. Aggrieved by the said enhancement, claimants (revision petitioners) filed AS Nos. 1128/92, 1562/92, 1546/92 and 1732/91 and Land Ac...
Sahini Venkata Ramesh Vs. Baratam Durga Prasada Rao
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(2)ALD142
ORDERV.V.S. Rao, J.1. The petitioner herein is a defendant in O.S.No.86 of 2001 on the file of the Court of the II Additional Junior Civil Judge, Srikakulam. The respondent herein filed the suit for recovery of a sum of Rs.89,240/- based on a promissory note. Along with the said suit, the respondent plaintiff filed an application being I.A.No.152 of 2001 under Order XXXVIII Rules 5 and 6 of Code of Civil Procedure, 1908, (CPC) seeking attachment before judgment. The trial Court by proceedings dated 23.03.2001 directed the defendant to furnish security for a sum of Rs.89,240/- (Rupees eighty nine thousand two hundred forty only) and also to show cause as to why he should not furnish such security within forty eight hours. A warrant was duly issued to be served through bailiff of the Court. Even before the same could be served, it appears the father of the petitioner, who is a practising advocate in Srikakulam, furnished security for the sum as directed by the trial Court and thereafter ...
Lt. Col. K.D. Rana Vs. Chief of Army Staff and ors.
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(1)ALD468
ORDERV. Eswaraiah, J.1. The petitioner is a Lieut Colonel (in brief Lt. Col.) in Army. He submits that he maintained spotless record throughout his service and his seniors have always appreciated his performance. He was never Counselled or warned by any of his Initiating/Reviewing Officers while writing his Annual Confidential Reports (ACRs) for any shortcomings/lapses during his entire service of 24 years so far.2. He is aggrieved of the order of Selection Board of the Army dated 18-6-2002, which was communicated by the second respondent to him, stating that the case of the petitioner has been considered by No. 3 Selection Board for promotion to the rank of acting Colonel as a final review case of 1979 batch. The petitioner has not been empanelled for promotion based on his overall service profile and comparative batch merit. The petitioner having been empanelled on three occasions, he is not eligible for further promotion under the existing rules. Aggrieved by the said order of non s...
Union of India (Uoi), Represented by Its General Manager, S.C. Railway ...
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(2)ALD79; 2005(2)ALT86
V.V.S. Rao, J. 1. This appeal by Union of India represented by its General Manager, South Central Railway, Secunderabad is against the order of the Railway Claims Tribunal, Secunderabad in O.A.A.No.120 of 1997 dated 03.6.1998.2. The respondents-1 and 2 herein along with two others filed O.A.A.No.120 of 1997 before the learned Tribunal alleging that the husband of the first respondent and father of the second respondent while traveling in Train No.404, Guntur - Repalle passenger, from Tenali to Repalle on 01.4.1996, fell down from the running train between Penumarru Railway Station and Bhattiprolu Railway station and sustained fatal injuries, as a result of which, he suffered instantaneous death. The respondents claimed a sum of Rs.2,00,000/- as compensation for the death of Siva Venkata Subrahmanyam on account of 'untoward incident'. The appellant herein opposed the application on two grounds, namely, that the accident did not occur in any railway station and that the deceased was an u...
Sehini Venkata Ramesh Vs. Baratam Durga Prasada Rao
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(1)ALT686
ORDERV.V.S. Rao, J.1. The petitioner herein is a defendant in O.S. No. 86 of 2001 on the file of the Court of the II Additional Junior Civil Judge, Srikakulam. The respondent herein filed the suit for recovery of a sum of Rs. 89,240/- based on a promissory note. Along with the said suit, the respondent plaintiff filed an application being I.A. No. 152 of 2001 under Order XXXVIII Rules 5 and 6 of Code of Civil Procedure, 1908, (CPC) seeking attachment before judgment. The trial Court by proceedings dated 23-3-2001 directed the defendant to furnish security for a sum of Rs. 89,240/- (Rupees eighty nine thousand two hundred forty only) and also to show cause as to why he should not furnish such security within forty eight hours. A warrant was duly issued to be served through bailiff of the Court. Even before the same could be served, it appears the father of the petitioner, who is practising advocate in Srikakulam, furnished security for the sum as directed by the trial Court and thereaft...
Dorepalli Gangaraju Vs. Special Tahsildar, Land Acquisition Unit Iii a ...
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(2)ALD93
ORDERP.S. Narayana, J.1. The writ petition is filed seeking for a direction particularly one in the nature of writ of mandamus to declare the action of the respondent in not paying the compensation amount as determined in O.P. No. 12/84, dated 25-2-1993 by the Sub-Ordinate Judge Kovvur, as illegal, arbitrary and violative of the Article 14 of the Constitution of India, and consequently to direct the respondents to pay the compensation amount as determined in O.P. No. 12/84, dated 25-2-1993 to the petitioner and pass such other suitable orders.2. It is stated that the petitioner is the owner of the land in an extent of Ac.2.53 cents in R.S. No. 57/1 of Devulapalli Village, J.R. Gudem Mandal, West Godavari District. It is also stated that the Executive Engineer, Godavari Special Division Eluru applied for acquisition of the land of the petitioner along with other lands situated in Devulapalli Village, Kovvur Taluq, West Godavari District for formation of Vengalarayasar Resorvior, across ...
Union of India (Uoi) Vs. Borra Vijayalakshmi and ors.
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: II(2005)ACC368
V.V.S. Rao, J.1. This appeal by Union of India represented by its General Manager, South Central Railway, Secunderabad is against the order of the Railway Claims Tribunal, Secunderabad in O.A.A. No. 120 of 1997 dated 3.6.1998.2. The respondents 1 and 2 herein along with two others filed O.A.A. No. 120 of 1997 before the learned Tribunal alleging that the husband of the first respondent and father of the second respondent while travelling in Train No. 404, Guntur-Repalle passenger, from Tenali to Repalle on 1.4.1996, fell down from the running train between Penumarru Railway Station and Bhattiprolu Railway Station and sustained fatal injuries, as a result of which, he suffered instantaneous death. The respondents claimed a sum of Rs. 2,00,000/- as compensation for the death of Siva Venkata Subrahmanyam on account of 'untoward incident'. The appellant herein opposed the application on two grounds, namely, that the accident did not occur on any railway station and that the deceased was an...
J. Kullayappa Vs. Artillery Center and anr.
Court: Andhra Pradesh
Decided on: Dec-20-2004
Reported in: 2005(2)ALD513
ORDERA. Gopal Reddy, J.1. All these batch of writ petitions have been heard and are being disposed of at the stage of admission since they have common features, common grounds and common issues raised.2. The facts averred in all the writ petitions are common. In view of the same, the facts as averred in WP No. 10216/2004 be taken as the basic facts for the purpose of resolving the controversy involved in all the writ petitions.3. The petitioner who claims to be landless poor was living in a Government Poramboke land along with other persons in Sy.No. 205 of Quilla Mohammed Nagar Village, Langerhouse, Hyderabad. He states that he along with other similarly situated persons numbering more than 50 in number were living in the respective extents of land by constructing houses, from time immemorial and the Mandal Revenue Officer, Golconda on due recognition of their occupation, had constructed Community Hall, laid water pipeline and electricity supply to their respective houses and that the...
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