Andhra Pradesh Court July 2004 Judgments
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Shoba Jaiswal Vs. Satyanarayana Kakda
Court: Andhra Pradesh
Decided on: Jul-06-2004
Reported in: 2004(4)ALD693; 2004(5)ALT244
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order dated 1.3.2004 passed by the Additional Chief Judge, City Small Causes Court at Hyderabad in I.A. No. 377 of 1999 in S.C.No. 49 of 1998.2. The petitioner claims to be the owner of non-residential premises and that the respondent is her tenant. She initiated proceedings to evict the respondent. She also filed a small cause suit being S.C. No. 49 of 1998 for recovery of arrears of rent from March to July, 1995. That suit was decreed ex parte on 3.7.1998.3. The respondent filed an application under Order IX Rule 13 C.P.C. to set aside the ex parte decree. Since there was delay of 300 days in filing the application, he filed I.A. No. 377 of 1999 under Section 5 of the Limitation Act. The petitioner resisted the same. Through order dated 1.3.2004, the Trial Court allowed the I.A. and condoned the delay.4. Learned Counsel for the petitioner submits that the respondent was served with summons and despite the...
Special Deputy Collector, (Lao), Srbc Vs. P. Chinna Pullaiah
Court: Andhra Pradesh
Decided on: Jul-06-2004
Reported in: 2004(5)ALD385; 2004(5)ALT465
Devinder Gupta, C.J.1. This batch of appeals filed under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as 'Act') arise out of a Common Award dated 12.3.1999 passed in L.A.O.P. the 660 of 1989 and batch by the Senior Civil Judge, Atmakur answering reference petitions filed under Section 18 of the Act against Award No. 8/1985 dated 30.8.1985 passed by the Special Deputy Collector, (LA), S.R.B.C, Nandyal, determining the amount of compensation payable to various claimants for the acquired land situated in Bhanumukkala Village, Pamulapadu Mandal, Kurnool District.2. On 9.2.1984 a requisition was sent by the Executive Engineer, Srisailam Right Bank Canal Division No. 1, Atmakur to acquire land for excavation of main canal of S.R.B.C. for construction of Banakacherla Regulator. Draft notification was approved by the Government on 2.8.1984 and notification under Section 4(1) was published on 10.10.1984 expressing the intention of the Government to acquire Ac.7.61 cts. o...
Santhapuri Vijaya and anr. Vs. Kulukuluri Appalakondababu and ors.
Court: Andhra Pradesh
Decided on: Jul-06-2004
Reported in: III(2005)ACC243; 2005ACJ1170; 2004(5)ALD781; 2004(6)ALT547
C.Y. Somayajulu, J.1. Since both these Civil Miscellaneous Appeals arise out of the same claim petition, they are being disposed of by a common judgment2. For the sake of convenience, parties would hereinafter be referred as they are arrayed in the Tribunal.3. The widow and daughter of S. Rama Rao (the deceased), filed a claim petition seeking compensation of Rs. 11,00,000/-from Respondents 1 to 3, who are the driver and the owners of the R.T.C. Bus bearing No. AAZ 7099, and Respondent Nos. 4 and 5, who are the owner and the insurer of the car in which the deceased was proceeding, alleging that the deceased while travelling in the car of the 4th respondent died as a result of the collision between the car in which he was travelling and the bus being driven by the 1st respondent. The Tribunal having held that the accident took place due to the negligence of the drivers of both the vehicles involved in the accident awarded Rs. 3,66,000/- as compensation to the appellants against Responde...
Special Deputy Collector (La) Srbc Vs. Mallu Sunki Reddy
Court: Andhra Pradesh
Decided on: Jul-06-2004
Reported in: 2004(6)ALD428
Devinder Gupta, C.J.1. This batch of appeals filed under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as 'the Act') arise out of a Common Award dated 20.9.1999 passed in L.A.O.P.288 of 1997 and batch by the Senior Civil Judge, Atmakur answering the reference petitions filed under Section 18 of the Act against Award No. 16/91-92 dated 25.3.1992 passed by the Special Deputy Collector, (LA), S.R.B.C., Nandyal, determining the amount of compensation payable to various claimants for the acquired land situated in Chanugondla Village in the Revenue Mandal of Owk, Kurnool District.2. On 6.7.1990 a requisition was sent by the Executive Engineer, Srisailam Right Bank Canal Division No. 3-4, Koilkuntla to acquire land for excavation of Main Canal of S.R.B.C. from KM. 126.000 to KMs. 128.540. Draft notification was approved by the Government on 11.9.1991 and notification under Section 4(1) was published on 23.9.1991 expressing the intention of the Government to acquire Ac.3...
Special Deputy Collector (La) Srbc Vs. Medam Venkata Guruvaiah
Court: Andhra Pradesh
Decided on: Jul-06-2004
Reported in: 2005(1)ALD724; 2005(1)ALT725
Devinder Gupta, C.J.1. This batch of appeals filed under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as 'the Act') and the Cross-Objections in the respective appeals arise out of a Common Award dated 19-4-1999 passed in LA.OP.165 of 1997 and Batch by the Senior Civil Judge, Atmakur answering the reference petitions filed under Section 18 of the Act against Award No. 1/91-92 dated 13-11-1991 passed by the Special Deputy Collector, (LA), SRBC, Nandyal, determining the amount of compensation payable to various claimants for the acquired land situated in Cherlopalli Village in the Revenue Mandal of Owk, Kurnool District.2. On 9-2-1990 a requisition was sent by the Executive Engineer, Srisailam Right Bank Canal Division No. 3, Owk to acquire land 'For burrow area for formation of embankment for improvements to Thimmaraju Tank Bund. On 2-5-1990 requisitioned lands were measured and subdivision record was prepared. Notification under Section 4(1) of the Act was publis...
Special Deputy Collector (La), S.R.B.C. Vs. Mallu Sivanarayana Reddy a ...
Court: Andhra Pradesh
Decided on: Jul-06-2004
Reported in: 2004(6)ALT473
Devinder Gupta, C.J.1. This batch of appeals filed under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as 'the Act') arise out of a Common Award dated 7-4-1999 passed in L.A.O.P.90 of 1997 and batch by the Senior Civil Judge, Atmakur answering the reference petitions filed under Section 18 of the Act against Award No. 16/90-91 dated 24-1-1991 passed by the Special Deputy Collector, (LA), S.R.B.C, Nandyal, determining the amount of compensation payable to various claimants for the acquired land situated in Ramapuram village in the Revenue Mandal of Owk, Kurnool District.2. On 9-2-1990 a requisition was sent by the Executive Engineer, Srisailarn Right Bank Canal Division No. 3., Owk to acquire land 'For burrow area for formation of embankment for improvements to Thimmaraju Tank Bund'. On 16-7-1990 draft notification and draft declaration proposals were submitted by Special Deputy Collector (LA), SRBC, Nandyal to the Special Collector, Srisailarn Project, Kurnool fo...
The Tirumala Tirupathi Devasthanam, Rep. by Its Executive Officer Vs. ...
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2005(1)ALT578
Devinder Gupta, C.J.1. Common arguments were addressed in these appeals by the claimants as well as by the learned counsel appearing for Sri Tirumala Tirupati Devasthanam (hereinafter referred to as TTD). Question involved in the appeals is about the market value of the land payable to the claimants, which was acquired under various notifications issued under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). Land was acquired for the benefit of TTD for public purpose under successive notifications issued under Section 4(1) of the Act on 22.7.1976, 31.1.1980, 19.6.1985, 23.12.1985, 26.5.1986, 29.8.1986, 15.1.1987, 25.3.1987, 20.5.1987, 25.5.1987, 5.8.1987, 21.8.1987, 31.10.1989, 15.11.1989 and 30.4.1992. 2. A.S. Nos. 1898 and 2033 of 1991 are the appeals filed by the TTD questioning the enhancement of market value from Rs. 10/- per sq. ft to Rs. 73/- per sq. ft by the award of the Reference Court dated 24.6.1991 in O.P.Nos.32 and 30 of 1982 respectively for the land...
Mohd. Waheedulla Khan S/O (Late) Mohd. Hameedulla Khan Vs. Revenue Div ...
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2004(5)ALD593
ORDERL. Narasimha Reddy, J.1. This revision is filed challenging the order dated 30.09.2003, passed by the Joint Collector, Medak, in an appeal preferred under Section 90 of The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to 'the Act'). The appeal in turn was filed against the certificate dated 5.3.2002, issued by the first respondent-Revenue Divisional Officer, Sanga Reddy, under Section 38-E of the Act, in favour of the respondents 2 to 5.2. The petitioner holds land in various survey numbers of Ramachandrapur village and Mandal, Medak District, admeasuring about Ac.19.27 gts. Out of this land, respondents 2 to 5 were declared as protected tenants in respect of Ac.1-30 gts. of land in Sy. Nos.116, 117 and 124. On 5.03.2002, the first respondent issued a certificate of ownership under Section 38-E of the Act, in favour of respondents 2 to 5.3. Complaining that respondents 2 to 5 cannot be issued certificate of ownership in view of the...
S.D. Narasimha Reddy Vs. Md, A.P. Dairy Development Corporation Federa ...
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2004(4)ALD696; 2004(5)ALT246
ORDERB. Prakash Rao, J.1. Heard Sri M. Rama Rao, learned Counsel appeal on behalf of the petitioner and Sri N. Rajeswara Rao, learned Counsel appearing on behalf of the respondent and at their request, the main revision petition itself is taken up for disposal at the admission stage.2. Petitioner herein, who is a decree holder, seeks to assail the orders dated 18-10-2000 in E.P. (SR) No. 4593 of 1998 in OS No. 1621 of 1983 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad rejecting the execution petition filed in pursuance of a decree obtained by him.3. The facts, in brief, are that the petitioner herein, who was an employee of the respondent-Corporation, was terminated from service on 13-7-1979, against which the petitioner made a challenge by way of a civil suit in O.S. No. 1621 of 1983 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad. The said suit was decreed as per the decree dated 14-3-1989. Thereafter, the petitioner filed E.P. No. 67 of 1997 for...
Empee Sugars and Chemicals Ltd. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-05-2004
Reported in: 2004(5)ALD159; 2004(5)ALT333
ORDERA. Gopal Reddy, J.1. The present case reflects and demonstrates, the petitioner left no stone unturned to exploit the procedural wrangles to defeat the ends of justice. Justice appears to be endlessly elusive even after an award obtained by poor agriculturists who are in a zone marked by growing hunger and a fragile equilibrium. Any delay in receiving the award amount which they are entitled will push them a decade back leaving them to their own plight in a society that showed no concern for them.2. The relevant facts shorn of details and necessary for the disposal of the case lie in a narrow compass are as under:On petitioner's establishing an industry for the manufacture of sugar, alcohol based chemicals etc., necessary notification was issued declaring factory zone under the provisions of the A.P. Sugarcane (Regulation of Supply and Purchase) Act, 1961 (for short 'the Act'). On issuance of such notification, the sugar factory has to enter into an agreement with the sugarcane gr...
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