Andhra Pradesh Court October 2005 Judgments
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K. Peerareddy Vs. Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Oct-18-2005
Reported in: 2006(2)ALD95; 2006(2)ALT222
Ghulam Mohammed, J.1. The appellant is the plaintiff, who filed O.S. No.42 of 1989 before Additional Subordinate Judge, Tirupathi, seeking a declaration that he is entitled to entire stock of old wooden material stipulated in notice dated 3-1-1983 and auction conducted on 25-1-1983 and further direction to deliver the entire stock. The suit was dismissed.2. The facts necessary for disposal of the appeal may be stated thus: The respondent-Endowment Department issued notice dated 3-1-1983 proposing to auction the wooden material like beams, doors, windows etc., pursuant to the demolition of certain buildings belonging to Sri Hathiramjee Mutt and the auction was fixed on 25-1-1983. One of the conditions of auction is that each intending bidder participating in the auction has to deposit a sum of Rs. 1,000/- towards initial deposit and further deposit one-third of the auction amount on bid being accepted. The plaintiff submitted the highest bid by quoting at Rs.20,000/- and the same was ac...
Mala Pentamma and ors. Vs. Nizamabad Municipality and ors.
Court: Andhra Pradesh
Decided on: Oct-17-2005
Reported in: 2005(6)ALD488
ORDERElipe Dharma Rao, J.1. The petitioners, five in number, belonging to Scheduled Tribe, filed the above petition praying to issue a writ of mandamus declaring the action of the respondents in threatening to demolish their houses bearing Door Nos.7-13-1224, 7-11-505, 7-11-321, 7-13-28 and 7-11-319 respectively, situated in Yerukalawada, Ashok Nagar, Bodhan Road, Nizamabad, without following due process of law, as illegal, arbitrary and violative of Principles of Natural Justice and violative of Article 300A of the Constitution.2. The deponent to the affidavit - 4th petitioner states that all the petitioners belong to Scheduled Tribe and since they had no house sites, the third respondent after following due process of law and subject to their eligibility, granted patta of the house sites in respect of Plot Nos. 441, 449, 447 and 448 each measuring 44, 66, 98, 99 and 66 Sq. yards, respectively, vide proceedings bearing No. B4/3670/93 dated 2.6.1994 and they have raised pucca houses in...
Gadda Balaiah Vs. Joint Collector, Ranga Reddy District and ors.
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2005(6)ALD417; 2005(6)ALT572
ORDERD.S.R. Varma, J.1. Heard both sides.2. Since both the civil revision petitions are inter-related and the subject-matter being the same, they are being disposed of by this common order.3. C.R.P. No. 6708 of 2003 is directed against the order passed by the Joint Collector, Ranga Reddy District (for brevity 'the Joint Collector'), in Case No. F2/4902/2001, dated 9-12-2003, wherein and whereby the order passed by the Revenue Divisional Officer, Chevella Division, Ranga Reddy District (for brevity 'the R.D.O.') granting sale certificates under Section 38(6) of the A.P. (T.A) Tenancy and Agricultural Lands Act, 1950 (for brevity 'the Tenancy Act') in respect of lands admeasuring 37.16 guntas was set aside.4. The R.D.O., granted sale certificates in favour of the petitioners for an extent of Ac.37.16 guntas, situate in S.Nos. 51, 52 and 53 part of Gachibowli Village, Ranga Reddy District, in Case No. G/3640/1996, dated 28-4-2001. The Respondent No. 18 is a Society and Respondent Nos. 8 t...
T.M. Mani Kumar Vs. Registrar (Administration), High Court of A.P. and ...
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2005(6)ALD346; 2006(1)ALT489
G. Yethirajulu, J1. This writ of mandamus is filed by an Ex-Attender of the Unit of the District Judge, Guntur, praying to declare that the Order of the District Judge, Guntur, dated 4.4.2002 and the proceedings of the High Court of Andhra Pradesh, dated 28.8.2003 dismissing him from service as illegal, arbitrary and violative of the principles of natural justice and contrary to the law laid down by the apex Court.2. The averments made by the petitioner in the affidavit filed in support of the writ petition are briefly as follows: The petitioner worked as an Attender in the Unit of the District Judge, Guntur, with effect from 17. 6.1996. In the year 1999 he was transferred from Guntur to Gurajala. On his representation that his wife is a heart patient, who requires necessary treatment at Guntur, the District Judge transferred him from Gurajala to Guntur and posted him to the Court of the Special Judicial Magistrate of First Class for Prohibition and Excise Offences, Guntur, through the...
Purnendu Kumar Sharma Vs. Ntr University of Health Sciences and ors.
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2005(6)ALD434
L. Narasimha Reddy, J.1. The subject-matter of these writ petitions is similar. Hence, they are disposed of through a common judgment.2. Petitioner in W.P. No. 17503 of 2005 is the son of an Ex-serviceman. He appeared in the EAMCET-2005, with a view to secure admission in the First Year of M.B.B.S. Course, for the academic year 2005-06. He secured the rank of 11372. He was not selected in the usual course. The Government reserved 1% of the seats, in the said course, in favour of Children of Armed Personnel (CAP). Petitioner made a claim for a seat under that category. In fact, he was considered for admission, under that category, in the previous academic year, and was offered a seat in the First Year of B.D.S Course. Since his intention was to secure admission in M.B.B.S. Course, he tried even in this academic year.3. In accordance with the procedure prescribed under the relevant provisions, the cases of candidates, claiming seats under CAP category, were referred to the Team, constitu...
Yelchuri Manohar Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2005(2)ALD(Cri)751; 2005CriLJ4593
M. Venkateswara Reddy, J.1. A bizarre incident that shook the State in general and the student community in particular occurred on 21 -6-2004 when the sun was blazing in the mid-sky, in a temple of education run after the name of the Goddess of Knowledge at Vijayawada 'Sharada P.G. College.' The scene of offence was a class room (Room No. 2 of the said college), where the final year M.C.A. students facing viva voce examination were waiting for their turn. A final year M.C.A. girl student by name Sri Lakshmi, who had to face viva voce test, when she was fully absorbed in reading, sitting on a Bench in the said class room, was brutally hacked to death from behind. This astoundingly gruesome act was committed in the very presence of the classmates of the victim. The appellant herein, one Y. Manohar (A.1), a classmate of the victim girl is the alleged perpetrator of the shocking crime. He faced trial as A. 1 in Sessions Case No. 209 of 2004, on the file of the Sessions Judge, Mahila Court,...
Union of India (Uoi), Ministry of Defence and anr. Vs. B. Mattu Ram Re ...
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2006(1)ALD765; 2005(6)ALT797
ORDERS. Ananda Reddy, J.1. This civil revision petition is at the instance of the respondents 1 and 3, who are the Judgment-Debtors aggrieved against the order passed by the V Junior Civil Judge, City Civil Court, Hyderabad in E.A.No. 12 of 1986 in O.S.No. 1775 of 1973 under which the delivery of the E.P., Schedule property was ordered to the petitioners/decree holders.2. The respondents 1 to 6 herein are the petitioners in the E.P., seeking execution of the decree passed in O.S.No. 1775 of 1973, dated 15-11-1978. In the E.P., the schedule property sought to be delivered was 16 acres 23 guntas in old Sy.Nos. 113, 114 and 125/3, corresponding to new Sy.No. 93/1 of Thokatta village of Hyderabad Urban Taluk, Hyderabad district. The E.P., was filed on 22-4-1986. Later, an amended petition was filed on 6-10-1999 seeking the very same relief, but it is not known why the amended E.P. was filed.3. The objection to the execution petition as per the counters, which are referred to in the impugne...
A.P. State Electricity Board and anr. Vs. Munji Ramanamma and ors.
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2006(1)ALD138
A. Gopal Reddy, J.1. Andhra Pradesh State Electricity Board calls in question the legality and validity of the award passed by the District Judge-cum-Motor Accident Claims Tribunal, Srikakulam dated 27-6-1996 in OP No. 169/1992, whereunder compensation payable to the heirs of the deceased, who died in an accident, by bus belonging to the APSRTC was apportioned between APSRTC and APSEB.2. This appeal raises a point of some significance with regard to the jurisdiction of the Motor Accident Claims Tribunal to adjudicate the claim against APSEB, when the passenger who boarded the bus and went on to the top of the bus contacted with live electric wire due to rash and negligent driving of the bus driver who suddenly moved the bus belonging to the APSRTC and whether Tribunal can pass award under Section 110-B of the Motor Vehicles Act, 1939 (for short 'the 1939 Act') (corresponding to Section 168(1) of the Motor Vehicles Act, 1988 (for short 'the 1988 Act').3. The brief facts, which are neces...
Satish Chandra Makan Vs. Dr. S.V.S. Sastry and anr.
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2006(1)ALD145
C.V. Ramulu, J.1. The only substantial question of law that falls for consideration in this Second Appeal is whether the appellate Court was justified in refusing to consider the validity of G.O. Ms. No. 636, General Administration (Accommodation-A) Department, dated 29-12-1983 on the premise that the said issue has already been decided by a Full Bench of this Court in M. Sreeramulu v. Tahera Yousuf Kadri : 2000(3)ALD173 (FB), and in not examining the validity of the said G.O. in terms of the decision of the Supreme Court reported in Malpe Vishwanath Acharya v. State of Maharashtra : AIR1998SC602 .2. A few facts, which are relevant, may be noticed as under:3. The appellant is the defendant/ tenant. Respondent No. 1/landlord filed a suit in O.S. No. 3756 of 1997 on the file of the learned XIX Junior Civil Judge, City Civil Court, Hyderabad for delivery of vacant possession of the suit schedule property, for arrears of rent and for future mesne profits. It was the case respondent-plainti...
Matu Subba Rao and ors. Vs. Ramalayam Trust Board and ors.
Court: Andhra Pradesh
Decided on: Oct-07-2005
Reported in: 2006(1)ALD719; 2006(1)ALT1
ORDERA. Gopal Reddy, J.1. Since the issue arising for consideration in at these revisions is one and the same, they can be disposed of by a common order.2. The revision petitioners, who claim to have been in occupation of the shops belonging to the Ramalayam Trust Board-1st respondent, instituted O.S. No. 650 of 2003 for declaration that they are the tenants and are having occupancy rights in respect of the schedule property i.e. shops and for permanent injunction restraining the defendants and their agents from interfering with their peaceful possession and enjoyment of the schedule property, unless and until the defendants resort to due process for their eviction. Pending disposal of the suit, they have filed Interlocutory Applications under Order 39 Rules 1 and 2 CPC seeking an ex parte prohibitory injunction against the respondents restraining them from interfering with the petitioners' peaceful possession and enjoyment of the schedule property. In the said suit, the lower Court gr...
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