Andhra Pradesh Court February 2004 Judgments
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Gundamaraju Sravan Kumar Vs. Yedudodla Narsi Reddy
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)ALD363; 2004(2)ALT365; II(2004)BC564
ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 73 of 2002 on the file of the Senior Civil Judge at Nalgonda, against the respondent for recovery of a sum of Rs. 2,76,760/-. Summons in the suit are said to have been served on the respondent on 24-9-2002. The respondent did not choose to file written statement even after the expiry of the time stipulated under Rule 1 of Order 8 of the Code of Civil Procedure (for short 'the Code') as amended by Act 22 of 2002 of the Parliament. He was set ex parte on 14-2-2003.2. The respondent filed I.A. No. 138 of 2003 under Order 9, Rule 7 read with Section 151 of the Code of Civil Procedure to set aside the Order dated 14-2-2003 and to permit him to file written statement. The LA, was allowed and the written statement was received on the same day. The petitioner challenges the order in I.A. No. 138 of 2003.3. Learned Counsel for the petitioner submits that once the respondent failed to submit his written statement within the stipulated t...
Mohd. NizamuddIn Vs. Bhagwandas Asawa (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)ALD518; 2004(2)ALT443
ORDERMotilal B. Naik, J.1. Revision petitioner is the tenant against whom eviction petition in R.C. No. 600 of 1994 was filed initially by Bhagwandas Asawa and his elder son Ashok Kumar Aswa. It is noticed during pendency of rent control proceedings in R.C. No. 600 of 1994, the 1st petitioner Bhagwandas Aswa died and his legal representatives i.e., Smt. Shanta Bai Asawa, wife, Omprakash Asawa, another son and other legal representatives were brought on record as Petitioners 2, 4, 5, 6, 7 and 8 respectively. Later during pendency of rent appeal before the Rent Appellate Authority in R.A. No. 318 of 1999, which is filed by the petitioner in this revision being aggrieved by the eviction order passed by the Rent Controller, the 2nd petitioner Ashok Kumar Asawa, son of late Bhagawandas Asawa, also died and his legal representatives were also brought on record as respondents 8 to 11 in R.A. No. 318 of 1999.2. The two petitioners i.e., Bhagawandas Asawa and Ashok Kumar Asawa instituted evicti...
Madrasa Ahle Sunnath Bahrul Uloon Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)ALD365; 2004(2)ALT647
ORDERV.V.S. Rao, J.1. Madrasa Able Sunnath Bahrul Uloom, represented by its President Sri Abdul Majeed is the petitioner in this writ petition filed challenging the orders of first respondent being G.O. Ms. No. 44, Minorities Welfare (Wakf.1) Department, dated 27.12,2003. The petitioner prays for a Writ of Mandamus declaring the action of first respondent in issuing the Government Order directing second respondent, namely. District Collector, Visakhapatnam, to send an amount of Rs. 6.63 crores (Rupees six crores sixty three lakhs only) lying with second respondent to third respondent, namely, District Collector, Hyderabad, for the purpose of acquiring the land adjacent to Haj House, Hyderabad, for parking, as illegal, arbitrary and contrary to the provisions of Sections 32, 39, 69 and 97 of Wakf Act, 1995 (for short, 'the Act'). According to the petitioner the decision of the Government is contrary to the spirit and object of the wakf known as Dargah Hazrath Syed Ali Ishaq Madina Vali,...
Municipal Corporation of Hyderabad and ors. Vs. Gopi Bai and ors.
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)ALD445; 2004(2)ALT773
ORDER1. The Respondents 1 to 3 in the writ petition have come up in this appeal against the order of a learned Single Judge of this Court dated 7.11.2001 made in W.P. No. 18053 of 2001 where under a direction was given by this Court to consider the building plan submitted by the petitioner without reference to the Notification dated 4.7.1992 issued by the Government of India.2. The brief facts that are necessary for the present appeal may be delineated as follows:3. The 1st respondent herein claims to be the absolute owner and possessor of the premises bearing No. 22-5-926 to 931 situated at Charminar, Hyderabad, having obtained the title to the said premises by succession. In the said premises there was an old dilapidated construction in an extent of 167 Sq. yards. The old construction was collapsed due to age factor of the building and the remaining building was demolished by her after receipt of notice from the Municipal Corporation on the ground of danger to Public Health and Sanit...
Navatha Mahila Mandali (Dwcra Group) Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004(2)ALD805; III(2004)BC249
ORDERL. Narasimha Reddy, J.1. The Superintendent of E.S.I. Hospital, Tirupathi, the 3rd respondent issued a Tender Notice dated 4.4.2002 inviting tenders from ' Registered Firms and Contractors for rendering round-the-clock house-keeping including cleaning, sanitation, water supply, electricity, telephone and other allied hospital services. The last date for submission of tenders was stipulated as 24.4.2002 and on the same day the tenders were to be opened. The petitioner and Nine others submitted their tenders for the work. Though the tenders were opened on 24.4.2002, the decision in the matter of award of the contract was not taken for quite a long time. Ultimately through orders in G.O. Rt No. 205 Labour Employment, Training and Factories (IMS) Department, dated 31.1.2003, the contract was awarded in favour of the 4th respondent at the rate of Rs. 58,563/- per month on condition that it shall engage 24 workers. Not being aware of this G.O. and sensing that the contract is likely to ...
M. Sudhakar Reddy and anr. Vs. A.P. Housing Board and ors.
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004(3)ALD548
ORDERP.S. Narayana, J.1. The short question involved in the present civil revision petition is whether the revision petitioners, transferees pendente lite by virtue of registered sale deed dated 5-7-1995 executed by Respondents 4 to 7 in the petition-plaintiffs can be brought on record as necessary parties to the present appeal.2. The revision petitioners moved an application I.A. No. 908/2002 in AS No. 8/ 2000 on the file of I Additional District Judge, Karimnagar which was disposed of by the IV Additional District Judge-Fast Track Court, Karimnagar, whereunder the relief prayed for under Order 1, Rule 10(2) of the Code of Civil Procedure, hereinafter in short referred to as 'Code' was negatived. Sri Aga Reddy, (he learned Counsel representing the petitioners/proposed parties would contend that there is no controversy that during the pendency of the litigation, the revision petitioners/Proposed parties had purchased the property by virtue of a registered sale deed dated 5-7-1995 and p...
P. Srinivasulu Vs. the State of A.P., Rep. by Public Prosecutor, High ...
Court: Andhra Pradesh
Decided on: Feb-10-2004
Reported in: 2004CriLJ2718; II(2004)DMC64
S.R.K. Prasad, J.1. The accused has preferred this appeal against the Judgment, dated 23-02-1998, passed by the Additional Sessions Judge, Mahabubnagar, whereby the learned Additional Sessions Judge has convicted and sentenced the accused to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for a further period of one year, for the offence punishable under Section 306 IPC. 2. The factual matrix that is required for consideration can be briefly stated as follows:The deceased Rama Devi is the wife of the accused. At the time of their marriage, cash of Rs.6,000/- and gold ornaments worth Rs.8,000/- were given to the accused as dowry. After the marriage, the deceased and the accused lived peacefully for about 3 1/2 years at their village and later on shifted to Achampet. The accused was running a sweet stall under the name and style 'Devi Sweet House' at Achampet and leading their life. The accused, ever s...
Mir Sardar Ali and ors. Vs. Mandal Revenue Officer, Kesera Mandal and ...
Court: Andhra Pradesh
Decided on: Feb-09-2004
Reported in: 2004(2)ALD526; 2004(4)ALT443
ORDERA. Gopal Reddy, J.1. The short question that falls for consideration in this writ petition is whether on the advent of Urban Land (Ceiling and Regulation) Act, 1976 (Act 33/ 1976) and on issuance of G.O. Ms. No. 319 Municipal Administration, dated 23-6-1980 extending the master plan to the lands in the peripheral area will have the effect of ceasing the operation of A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act 21/1950) to the lands covered by extended master plan.2. The 1st respondent granted succession of agricultural lands in favour of Respondents 2 to 9 over the lands in Sy.Nos.154, 155, 156, 157 and 158 admeasuring Ac.30.23 gts. of Kapra Village which is the subject-matter of challenge in this writ petition. Against the said order though statutory appeal lies to the Collector and further revision to the High Court, petitioners justified their action in invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India co...
Special Deputy Collector, Land Acquisition, Srisailam Project Vs. P. C ...
Court: Andhra Pradesh
Decided on: Feb-09-2004
Reported in: 2004(3)ALD101; 2004(2)ALT699
ORDERD.S.R. Varma, J.1. Heard both sides.2. This civil revision petition is directed against the order, dated 26-11-2003, passed by the Additional Senior Civil Judge at Kurnool, dismissing the application in E.A. No. 260 of 2003; in E.P. No. 57 of 1996 in O.P. No. 2349 of 1980, filed under Sections 151 and 47 of the Code of Civil Procedure to dismiss the E.P. No. 57 of 1996 in O.P. No. 2349 of 1980 as not maintainable under Section 23(1-A) of the Land Acquisition (Amendment) Act, 1984 (for short 'the Act') since the Award was passed prior to 30-4-1982.3. The petitioner is the judgment-debtor and the respondent is the decree-holder.4. For the sake of convenience, the petitioner and the respondent will be referred to as 'the judgment-debtor and decree-holder' respectively.5. The facts, in brief, are that the Land Acquisition Officer has passed an Award on 3-11-1978 fixing certain amount as compensation for the lands acquired. At the instance of the decree-holder, the matter was referred ...
K.P. Luther Babu Vs. J. Vijayarathnam and anr.
Court: Andhra Pradesh
Decided on: Feb-09-2004
Reported in: 2004(3)ALD509; 2004(2)ALT810
P.S. Narayana, J.1. Rev. K.P. Luther Babu, a Pastor of South Andhra Luthern Church, hereinafter in short referred to as 'SALC' aggrieved by the judgments and decrees made in OS No. 101/98 on the file of Principal Junior Civil Judge, Tirupati and in AS No. 34/2001 on the file of III Additional District Judge Tirupati, had preferred the present Second Appeal under Section 100 of the Code of Civil Procedure, hereinafter in short referred to as 'Code', as against Rev. J. Vijayarathnam as 1st respondent and Rev. Ch. Rajarathnam, yet another Pastor of SALC, as 2nd respondent.2. Sri M.S. Prasad, Counsel representing the appellant had pointed out that the following substantial questions of law arise for consideration in the present Second Appeal:(a) When the action of the 1st defendant in transferring the 2nd defendant as Pastor of Gudur Parish is questioned as contrary to the subsisting injunction of the Civil Court and for want of authority is it necessary to make the South Andhra Luthern Ch...
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