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Andhra Pradesh Court April 2004 Judgments

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Apr 09 2004

Voltas Employees' Co-operative House Building Society Vs. Registrar-cu ...

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2004(3)ALD234; 2004(4)ALT421

ORDERV.V.S. Rao, J.1. This common order shall dispose of these two writ petitions. W.P. No. 18835 of 2003 is filed by the Voltas Employees' Co-operative House Building Society, Secunderabad, seeking a declaration that the action of the respondents in not completing the Special Audit as ordered by proceedings, dated 23.7.2002 and 18.2.2003 as illegal, unjust and contrary to the provisions of A.P. Co-operative Societies Act, 1964 (hereafter called 'the Act') and violation of Article 14 of the Constitution of India. W.P. No. 20446 of 2003 is filed by ten (10) persons challenging the proceedings of District Co-operative Audit Officer, dated 18.2.2003 as confirmed by the Commissioner of Co-operation and Registrar of Cooperative Societies (the first respondent) by an order, dated 11.9.2003, as illegal and arbitrary and for a consequential direction to the first respondent to appoint another officer to conduct a comprehensive enquiry into the day-to-day affairs of Voltas Employees' Cooperativ...


Apr 09 2004

Kolli Butchi Koteswara Rao Vs. District Level Committee and ors.

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2004(3)ALD652; 2004(3)ALT822

ORDERN.V. Ramana, J.1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner, who is a Sand Contractor, has filed this writ petition praying for the following relief:To issue an order or writ, one in the nature of writ of mandamus, declaring the action of Respondent Nos. 1 and 2 in not putting Pulligadda Sand Reach No. II of Pulligadda Village, Avanigadda Manual, Krishna District, for public auction for issuance of temporary permits and granting temporary permits continuously to Respondent No. 3 from time to time as illegal, arbitrary and contrary to Rule 9L of the A.P. Minor Mineral Concession Rules, 1966 and consequently call for the records and direct Respondent Nos. 1 and 2 to put Pulligadda Sand Reach No. II, Pulligadda Village, Avanigadda Mandal, Krishna District, for public auction for quarrying sand for one year or issuance of temporary permits and pass such other order or orders as the Hon'ble Court may deem fit and proper in th...


Apr 09 2004

G. Nagaiah and ors. Vs. Sarala Devi

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2004(4)ALD151

P.S. Narayana, J.1. The respondent in this appeal A.S. No. 174 of 2002 moved an application in C.M.P. No. 4478 of 2004 in C.M.P. No. 1323 of 2002 in A.S. No. 174 of 2002 to vacate the interim stay granted by this Court on dated 31-1-2002 made in C.M.P. No. 1323 of 2002. This Court in C.M.P. No. 1323 of 2002 made the following order:'Interim stay of passing of final decree alone. Rendition of accounts to go on. Notice.'In this case, both the Counsel while advancing arguments made a request to dispose of the main appeal itself and that is why the appeal itself is taken up for final disposal.2. Aggrieved by the judgment and decree dated 31-10-2001 in O.S. No. 22 of 2001 on the file of Senior Civil Judge, Nalgonda, the defendants had preferred the present appeal. It is not in dispute that the matter was coming up for filing of the written statement and though several opportunities were given, since the written statement was not filed by the defendants, the learned Senior Civil Judge, Nalgo...


Apr 09 2004

S.R.Y. Ankineeduprasad and anr. Vs. S.R.Y. Srimatha and ors.

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2004(4)ALD19; 2004(4)ALT743

B.S.A. Swamy, J.1. The respondents in T.I.A. No. 40 of 1989 in T.O.P. No. 6 of 1956; TIA No. 41 of 1989 in T.O.P. No. 7/56; TIA No. 42 of 1987 in T.O.P. No. 10 of 56; TIA No. 43/89 in TOP No. 18 of 1956 filed these appeals i.e., S.T.As. 2, 3, 4 and 5 of 1990 respectively against the orders of the Estate Abolition Tribunal dated 9-3-1990 wherein the Tribunal having held that the petitioners therein, for brevity referred as maintenance holders, are entitled for ryotwari patta under Section 47(2) of the Madras Estates Abolition Act for larger extents restricted the final decree for an extent of Ac.134-86 cts of agricultural land which is in possession of the Court Receiver under orders of this Court dated 12-12-1974 in S.T.A.13/1974. Accordingly while directing the Advocate-Receiver to deliver possession of these lands to them directed the Advocate Receiver to continue to hold possession of the non-agricultural lands and garden lands. Since all the appeals arise out of a common order pass...


Apr 09 2004

Ratnala Brundavanam Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2004(1)ALD(Cri)905; 2004CriLJ3194

B. Seshasayana Reddy, J.1. This Criminal Appeal is directed against the judgment dated 23-11-2001 passed in S.C. No. 3 of 1999 on the file of Special Judge (under NDPS Act) cum-Additlonal District and Sessions Judge, Srikakulam, by which the learned Special Judge convicted accused Ratnala Brundavanam for the offence under Section 20(b)(i) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentenced him to suffer RI for one year and to pay a fine of Rs. 6,000/- in default to suffer RI for six months.2. The appellant herein is the sole accused in S.C. No. 3/99. He was put on trial before the Special Judge (under NDPS Act)-cum-Additional District and Sessions Judge, Srikakulam for the offence under Section 20(b)(i) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.3. The prosecution case in brief is as follows :P.W. 1 K.V.N.S. Appa Rao was Sub-Divisional Prohibition and Excise Officer; P.W. 2 M. Subra...


Apr 09 2004

Kallem Shankar Reddy Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2004(1)ALD(Cri)901; 2004CriLJ3270

B. Seshasayana Reddy, J.1. The sole accused in S. C. No. 36 of 2001, who has been convicted for the offence under Section 376, IPC and sentenced to suffer RI for ten years and to pay a fine of Rs. 2,000/- in default to suffer SI for two months, is the appellant in this appeal.2. The appellant was put on trial before the Assistant Sessions Judge, Nalgonda for the offence under Section 376, IPC. The accusation levelled against him is that -he raped PW-1 Pailla Padma on 23-6-99 at 3 p.m. in the thatched hut of Balanarsi Reddy.3. The prosecution case in brief is :PW-1 Pailla Padma is wife of PW-2 Pailla Atchi Reddy. They used to reside in a thatched house put up in their agriculture field. They had a son aged three years by the date of the incident. On 23-6-99 they along with their child went to Naibai village to attend the marriage of their relation. After attending the marriage PW-1 along with her child left the marriage venue for watering the fields. At about 3 p.m. she along with her c...


Apr 09 2004

Mohammad Abdullah Butuk and ors. Vs. Zainab Begum

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: AIR2004AP474

E. Dharma Rao, J.1. Aggrieved by the judgment and decree, dated 5-11-2001, passed In A.S. No. 333 of 1999 by the learned XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, allowing the appeal and setting aside the order and decree dated 30-8-1999 passed in O.S. No. 5477 of 1994 by the learned IX Junior Civil Judge, City Civil Court, Hyderabad, the present appeal is filed.2. The suit was filed for the grant of perpetual injunction, restraining the defendant from putting any structures on the southern side wall of the plaintiffs house and subsequently it was amended for the grant of mandatory injunction for removing the structures placed on the said wall. It is the case of the plaintiffs that one Abdullah Bin Osman Batuk-father of plaintiffs 1 to 4 and husband of the 4th plaintiff purchased the plaint schedule property, bearing municipal No. 13-4-101, under a registered sale deed dated 20-2-1982 and after his death, the property devolved on them. The defendant is...


Apr 09 2004

Gandodi Reddeppa Vs. Ayyala Krishnaveni

Court: Andhra Pradesh

Decided on: Apr-09-2004

Reported in: 2005(3)ALT427

ORDERM. Narayana Reddy, J.1. These orders, according to Law, arise out of a Civil Revision Petition, filed by the sole revision petitioner, against the sole respondent, under Article 227 of the Constitution of India, questioning the, validity and legality, of the adjudications made by, and set forth in para 2, infra.2. Orders and Decree, both, dated 22-4-2003, of the Court of the Junior Civil Judge, Vayalpad, made in LA. No. 354/2003, in O.S. No. 234/2002, filed before it, by the sole revision petitioner (sole defendant), against the sole respondent herein (sole plaintiff), under Section 151, CPC adjudicating thereupon, as under:-(a) Refused to order joint trial of O.S. No. 234/2002 and 233/2002, as claimed therein; and(b) Consequently, dismissed that LA., in toto, with costs to the respondent therein.3. Both the suits are based on two different promissory notes of even date for different amounts. The parties are one and the same, in both the suits. Hence, it is very much desirable, th...


Apr 08 2004

Patchipulusu Mahalakshmi and anr. Vs. Nagolu Ramanamma and ors.

Court: Andhra Pradesh

Decided on: Apr-08-2004

Reported in: 2004(3)ALD564; 2004(4)ALT64

ORDERP.S. Narayana, J.1. Defendants 1 and 2, O.S. No. 77 of 1984 on the file of Additional District Judge, Vizianagaram moved an application in I.A. No. 2758 of 2002 under Order VI Rule 17 read with Order VII Rule 3 of the Code of Civil Procedure (hereinafter referred to as 'the Code') praying to amend the plaint schedule by adding Item No. 5 to the plaint-A schedule.2. The first plaintiff, who is the mother-in-law of the first revision petitioner filed the aforesaid suit for partition of the plaint schedule properties and had died during the pendency of the suit and the daughters of the first plaintiff were brought on record as legal representatives, as Plaintiffs 2 to 5 and a preliminary decree was passed for partition of plaint-A schedule immovable properties. Aggrieved by the said preliminary decree the revision petitioners - Defendants 1 and 2 preferred an appeal in A.S. No. 737 of 1987 on the file of this Court. It is also stated that this Court by judgment dated 5th day of April...


Apr 08 2004

S.B. Yogi Raju Vs. Commissioner and Director of Municipal Administrati ...

Court: Andhra Pradesh

Decided on: Apr-08-2004

Reported in: 2004(3)ALD620; 2004(4)ALT89

ORDERK.C. Bhanu, J.1. The writ petitioner was working as a Deputy Executive Engineer at Warangal Municipality and was allotted Low Income Group House (LIGH) bearing quarter No. 2-5-43 at Nakkalgutta, on rental basis by the Municipality. He has been residing in the quarters for the last six years. The said quarter is situated in the row of L.I.G.H. quarters beginning with 2-5-39 ends with 2-5-43. The said quarters were built in the year 1952. Since the quarter was in a dilapidated condition, the petitioner carried out certain repairs by spending huge amounts. In addition to the repairs he has been paying regular rent, electricity consumption charges and water charges.2. It is further stated that the Government of A.P. issued Memo No. 483/ B2/77-6, dated 28.10.1977 making provision that wherever occupancy has been authorized by the Municipality and allotted houses on rental basis, the allottees become eligible for hire purchase of the quarters provided the allottees are in continued occu...


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