Andhra Pradesh Court February 2004 Judgments
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Gullapalli Krishna and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-26-2004
Reported in: 2004(2)ALD759
ORDERL. Narasimha Reddy, J.1. Petitioners feel aggrieved by the show-cause notice dated 7-2-2002 issued by the Revenue Divisional Officer, Kakinada, the 2nd respondent herein. According to them, they are in possession of various extents of land in Sy.Nos.121 and 122 of Gorsa Revenue Village, U.Kothapally Mandal, East-Godavari District, since last several years. It is stated that Sri Seetharama Swamy Devasthanam, the 4th respondent herein, made claim over the lands and in fact, had submitted an application under Section 77 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') before the 2nd respondent for resumption of the land and for ancillary reliefs in December 2000, and that the same is pending. Petitioners contend that even while that application is pending, the 2nd respondent issued a show-cause notice under Section 77 itself, and that it would result in duplication of exercise of powers.2. On behalf of the Respondent No. 4, a coun...
Lakshmi Construction and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-26-2004
Reported in: 2004(2)ALD755; 2004(3)ALT410
ORDERL. Narasimha Reddy, J.1. This case discloses An instance of high-handedness and flagrant violation of known principles of law and procedure prescribed under the relevant statutes; by the Revenue and Police Authorities of the State, who are supposed to ensure implementation of the same.2. The land in Sy.Nos.90/1, 90/2 and 92, admeasuring about Acs.33.08 gts of Gachibowli Village was purchased by a Private Limited Company, by name M/s. Industrial and Agricultural Engineering Company (for short 'the Company') through a sale deed dated 1-10-1962. The extent of land in Sy.No.92 is Acs. 16.10 gts. The company sold this in favour of seventeen individuals through separate sale deeds and the land was assigned sub-divisions from 92/2 to 92/18, indicating the extents purchased under the various sale deeds. One Mr. R.Satyanarayana Reddy purchased an extent of Ac.2.00 gts in Sy.No.92/2. The petitioners purchased the same in different extents from the transferees of Satyanarayana Reddy. The pet...
Mohammed Abdul Qayyum, Rep. by His Next Friend (Wife) Smt. Umara Quras ...
Court: Andhra Pradesh
Decided on: Feb-26-2004
Reported in: 2004(1)ALD(Cri)554; 2004(3)ALT627
ORDERJ. Chelameswar, J.1. These two writ petitions are filed challenging the orders of preventive detention issued by the Specially Empowered Officer, who happens to be the Secretary (Political) to the Government of Andhra Pradesh, under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act'). By two separate orders dated 31-10-2003, the two petitioners in these two writ petitions were directed to be detained under the provisions of COFEPOSA Act.2. Facts in brief which occasioned the passing of the orders are: one Mohd. Aziz, who has an Indian Passport, issued at Riyadh, who was holding a ticket to United Arab Emirates with a Boarding Pass bearing No. 241 on which a seat 39-A was earmarked to the passport holder, was intercepted when he approached the customs departure counter for customs clearance by the customs authorities (Air Intelligence Unit, Hyderabad Airport). On a search from the baggage of the said Mr. Aziz...
Masna Bhagya Laxmi Vs. Masna Veera Bhadrudu
Court: Andhra Pradesh
Decided on: Feb-26-2004
Reported in: II(2004)DMC8
ORDERP.S. Narayana, J.1. Heard Mr. T. Ramulu, the Counsel representing the revision petitioner, and Mr. Lakshmi Narasimhachari, the Counsel representing the respondent.2. The revision petitioner Smt. M. Bhagya Laxmi as plaintiff instituted a suit O.S. No. 57 of 2002 on the file of Junior Civil Judge, Gajwel, for maintenance and also moved an application I.A. No. 48 of 2003 under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 read with Section 151 of the Code of Civil Procedure praying the Court to pay her a sum of Rs. 2,000/- (Rupees two thousand only) per month from the date of petition towards interim maintenance, from the respondent-husband in the suit, her husband, M. Veera Bhadrudu.3. The specific case of the revision petitioner is that she is legally wedded wife of the respondent-husband whose marriage having been celebrated on 4.12.1997 at Gajwel as per the Hindu rites and customs prevailing in their community. No doubt, several other averments relating to the prese...
Sree Sairam Enterprises, Special Class Contractors Vs. Government of A ...
Court: Andhra Pradesh
Decided on: Feb-25-2004
Reported in: 2004(2)ALD494; 2004(3)ALT295; II(2004)BC545
ORDERL. Narasimha Reddy, J.1. The petitioner is a partnership firm, engaged in execution of several contracts. It has been registered as a special class contractor with the 2nd respondent in the year 1988. The registration was valid for five years upto 22.7.2003. The petitioner firm has specialization in Bituminous Asphaltic Highway Works. It claims to have executed works worth several hundreds of lakhs during the said period.2. Since the validity of registration of the petitioner was coming to an end, it approached the 2nd respondent with an application, dated 13.5.2003 for renewal of registration. The requirements for renewal of registration are almost identical to those for fresh registration. The petitioner was under an obligation to enclose various certificates relating to experience, solvency certificate, etc. As a measure of compliance, it enclosed the solvency certificate, dated 8.3.2003 issued by the 3rd respondent-State Bank of Hyderabad, Chikkadapalli Branch. The 3rd respond...
Myakala Hanumaiah and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-25-2004
Reported in: 2004(2)ALD760
ORDERL. Narasimha Reddy, J. 1. The petitioners are the members of Fishermen Co-operative Society, Chamanapalli Village, Karimanagar District. The society had 27 members on its rolls. Petitioners were served with notice dated 12-12-2000, wherein it was indicated that a meeting of the General Body will be held on 21-12-2000, to consider the resolution to expel the petitioners herein from membership. A resolution is said to have been passed on that day, expelling the petitioners from membership. Under the relevant provisions of A.P. Co-operative Societies Act (hereinafter called as 'Act') and the rules made there under, the resolution would become operative only on being approved by the 3rd respondent-Assistant Director of Fisheries, Karimnagar.2. Since the 3rd respondent did not accorded his approval, 5th respondent submitted, a representation to the 2nd respondent-Commissioner of Fisheries, alleging that the 3rd respondent has not taken any action on the representation. Since the 2nd re...
Gompa Ramu Vs. Gompa Demudu and ors.
Court: Andhra Pradesh
Decided on: Feb-25-2004
Reported in: 2004(5)ALT490
P.S. Narayana, J.1. On 28-4-2003 this Court framed the following substantial questions of law under Section 100(4) of the Code of Civil Procedure.1. The finding of the first appellate Court, that the Civil Court has jurisdiction to entertain the suit in the face of the statutory provision, contained in Section 20 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960, is illegal and unsustainable and hence, has to be interfered and set-aside as such ?2. Whether the findings recorded by the first appellate Court, on the basis of res judicata and maintainability of the suit, are illegal and unsustainable at Law and hence, warrant interference in the S.A. ?3. Whether the first appellate Court misappreciated the material on record and recorded illegal findings, and thereby, lead to miscarriage of substantial justice and misadjudication of substantial questions of law involved in the case ?4. To what reliefs ?2. Sri Bhaskar Reddy representing Sri Dayakar Reddy, the Counsel represe...
Smt. Samdani Begum Vs. Dir Mohammed Khan
Court: Andhra Pradesh
Decided on: Feb-25-2004
Reported in: AIR2004AP272; 2004(5)ALT337
P.S. Narayana, J.1. Smt. Samadani Begum, the unsuccessful defendant in both the Courts below had preferred the present Second Appeal under Section 100 of the Code of Civil Procedure as against the successful plaintiff Dil Mohammed Khan. The said plaintiff filed a suit O.S. No. 1191/89 on the file of XII Assistant Judge-cum-Principal Rent Controller, Hyderabad originally praying for declaration that he is entitled to easementary rights of air and light from the ventilators shown in red colour in the plan attached and marked as A, B and C which are in existence in the Southern wall of the plaintiffs house bearing No. 16-6-686, Osmanpura outside Darwaza, Chaderghat, Hyderabad and for perpetual injunction restraining the defendant, her men, agents and supporters from making any kind of construction adjacent to the Sothern wall of the plaintiffs house bearing No. 16-6-686, as fully described in the schedule, affecting the easementary rights of air and light in any way from the said house at...
Kakani Sujatha Vs. Kakani Lakshmaiah
Court: Andhra Pradesh
Decided on: Feb-25-2004
Reported in: 2004(4)ALD848; 2004(5)ALT140; I(2005)DMC588
T. Meena Kumari, J.1.This appeal is filed against the judgment and decree in O.P. No. 24 of 1995 on the file of the Subordinate Judge, Kovali, dated 9.5.1997 allowing the same.2. The appellant is the wife.3. The husband filed O.P. No. 24 of 1995 under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act') for restitution of conjugal rights. The allegations in the OP were that the petitioner Kakani Lakshmaiah married the respondent Kakani Sujatha on 1.8.1992 in Sri Mallikarjunaswamy Kamakshitai Temple, Jonnawada as per the Hindu customs and traditions. The respondent joined the petitioner in his house at Viswanadharaopet, The first wife of the petitioner died in the year 1985 leaving the petitioner and his six daughters and one son. The respondent was also married another woman and her marriage was dissolved by way of a decree of divorce. By the date of marriage of petitioner, he got married his three daughters begot through his first wife and he intended to perform the marriag...
M. Muthamma Vs. E. Anantha Lakshmi Bai and anr.
Court: Andhra Pradesh
Decided on: Feb-24-2004
Reported in: 2004(2)ALD762; 2004(4)ALT435
P.S. Narayana, J.1. The unsuccessful defendant in both the Courts below as appellant in the present Second Appeal, had invoked the jurisdiction of this Court under Section 100 of the Code of Civil Procedure raising the following substantial questions of law:1. Whether the decision of the Courts below in granting the relief of mandatory injunction assuming without admitting that there is encroachment even without considering the aspect which the same can be compensated otherwise ?2. Whether the suit for mere mandatory injunction without seeking declaration is maintainable ?3. Whether the plaintiffs' are bound by the principles of estoppel by conduct in acquiescing and allowing the completion of the constructions ?'4. Whether the decision of the Courts below without considering the entire evidence on record is sustainable ?5. Whether the suit is bad for non-joinder of necessary parties ?6. Whether the non-consideration of Exs.B-10 and B-12 by the Trial Court and Ex.B-10 by the Appellate ...
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