Andhra Pradesh Court June 2006 Judgments
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Padmanabhuni China Subba Rao Vs. Special Deputy Collector and ors.
Court: Andhra Pradesh
Decided on: Jun-27-2006
Reported in: 2006(5)ALD268; 2006(6)ALT44
ORDERG. Rohini, J.1. The petitioner claims to be the absolute owner of Ac.4-80 cents of land situated in R.S. No. 67 of Koya Rajahmundry Village, Buttaigudem Mandal, West Godavari District, which is declared as a scheduled area. It is not in dispute that the petitioner is a non-tribal and after the commencement of the A.P. Scheduled Areas Land Transfer Regulation of 1959 (for short, 'Regulation 1 of 1959), the Special Deputy Collector (Tribal Welfare), K.R. Puram, initiated proceedings for eviction alleging that the petitioner was in possession of the land in question, in violation of the provisions of Regulation 1 of 1959. However, after due enquiry, by order dated 5-12-1995 disallowed the said proceedings and the said order has become final. Subsequently, the 1st respondent initiated fresh proceedings of eviction in SR. No. 74 of 2005 and accordingly a notice under Rule 7(2) of the Rules, dated 27-7-2005 was issued calling upon the petitioner to show-cause as to why he should not be ...
Yalamanchili Vijaya Kihore Vs. Peeta Brahmananda Rao
Court: Andhra Pradesh
Decided on: Jun-27-2006
Reported in: AIR2007AP55; 2006(5)ALD355
L. Narasimha Reddy, J.1. The unsuccessful plaintiff in O.S. No. 762 of 1993 on the file of the I Additional Senior Civil Judge, Vijayawada, is the appellant. He filed the suit against the respondent, for recovery of a sum of Rs. 27,500/- with interest at the rate of 24% per annum from 19-9-1990, totalling to Rs. 52,432/-.2. The appellant pleaded that the respondent borrowed a sum of Rs. 27,500/- from one V. Nageswararao on 19-9-1990 and executed a promissory note, undertaking to repay the said amount with interest at the rate of 24% per annum. The promissory note is said to have been transferred in favour of the appellant, for a consideration of Rs. 27,500/- on 18.10.1990 by the said Nageswararao-^.W.2, through an endorsement. It was alleged that in spite of demand by the appellant, the respondent did not repay the amount.3. The respondent filed a written statement denying the averments in the plaint. It was stated that the defendant did not borrow any amount from P.W.2 and that P.W.2 ...
Rajakajana Seva Sangham Vs. Revenue Divisional Officer and anr.
Court: Andhra Pradesh
Decided on: Jun-27-2006
Reported in: 2006(5)ALD512; 2006(5)ALT234
ORDERV.V.S. Rao, J.1. The writ petition and the contempt case are filed by Rajakajana Seva Sangham (Sangham, for brevity). In the writ petition the proceedings of the Revenue Divisional Officer, first respondent herein, dated 21-02-2004, is assailed as arbitrary and illegal. This Court, while admitting the writ petition on 11-08-2004, suspended said proceedings. In the contempt case, the petitioner-sangham alleges that even while the interim order of this Court is in force, the respondents have auctioned the right to catch fish in the tank and thereby disobeyed the orders of this Court. When the contempt case was called on 17-04-2006, it was brought to the notice of this Court that the second respondent has already filed W.V.M.P. No. 177 of 2006 seeking vacation of the interim order; therefore, this Court directed both the matters to be listed together. To-day, having regard to the fact that the arguments for the purpose of interlocutory applications as well as the main writ petition b...
National Insurance Company Limited Through Its Branch Manager Vs. Pitt ...
Court: Andhra Pradesh
Decided on: Jun-27-2006
Reported in: 2007ACJ1003; 2006(5)ALT688
L. Narasimha Reddy, J.1. Respondents 1 and 2 filed O.P.No. 59 of 2004 before the Motor Accidents Claims Tribunal - cum - II Additional District Judge, Karimnagar, claiming compensation for the death of their child in an accident involving an auto bearing No. AP 1T 4266. The vehicle was owned by the third respondent and insured with the appellant herein. It was pleaded that when the second respondent was travelling on 02-09-2001 in the said auto from Chelgal to Venkatapoor, it met with an accident at Medipally and the infant, by name P. Venkatesh aged about one year died. It was alleged that the accident took place on account of rash and negligent driving of the vehicle.2. The second (sic. third) respondent filed a counter-affidavit stating that he sold the vehicle to one B. Krishnam Raju, the fourth respondent herein, on 02-08-2001. Thereupon, the said Krishnam Raju was impleaded in the O.P. and he did not file any counter.3. The O.P. was resisted by the appellant herein. It was allege...
K. Jagadeesh Reddy Vs. Itc and Secretary, State Transport Authority an ...
Court: Andhra Pradesh
Decided on: Jun-27-2006
Reported in: 2007(5)ALD217
L. Narasimha Reddy, J.1. The petitioner was granted a permit to operate a bus on an inter-state route, between Tirupati and Bangalore. The Karnataka State Road Transport Corporation, the 2nd respondent herein, was granted as many as five temporary permits to ply its buses between Bangalore and Madanapalli by the State Transport Authority (STA), Karnataka. Inasmuch as the portion of the route is within the State of Andhra Pradesh, the 1st respondent countersigned the permits.2. According to the petitioner, the permits granted in favour of the 2nd respondent overlap the route, on which he was granted permission, and that they were not covered by the inter-state agreement. Therefore, he approached the 1st respondent for issuance of the certified copy of the proceedings, through which he countersigned the permits. The 1st respondent did not accede to the request of the petitioner, by stating that it did not maintain any record for making countersignatures.3. In this writ petition, the acti...
City Restaurant, Stores and Bakery Vs. Commissioner, Municipal Corpora ...
Court: Andhra Pradesh
Decided on: Jun-26-2006
Reported in: 2006(4)ALD746
ORDERP.S. Narayana, J.1. Heard Sri Mohd. Basith Ali Yavar, the learned Counsel representing the petitioner and Sri Ganta Rama Rao, learned standing Counsel for Municipal Corporation of Hyderabad.2. The writ petition is filed praying for a writ, order or direction more particularly one in the nature of writ of mandamus declaring the proposed action of the respondents 1 and 2 to demolish the mulgies 5 to 9 under the occupation of City Restaurant forming part of the property bearing Municipal No. 21-5-16, situated at Petlaburj, Hyderabad in collusion with respondent No. 3 without notice to the petitioner under road widening programme and without following due process of law as highly illegal, arbitrary and contrary to Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955, (hereinafter in short referred to as 'the Act') and pass such other suitable orders.3. Sri Ganta Rama Rao had taken notice representing the Municipal Corporation of Hyderabad on 23-6-2006 and requested ti...
Neetha Chintawar and anr. Vs. Bodugam Gopi
Court: Andhra Pradesh
Decided on: Jun-26-2006
Reported in: 2006(5)ALD95; 2006(4)ALT660
ORDERL. Narasimha Reddy, J.1. Plaintiff in O.S. No. 189 of 2005 on the file of the learned Junior Civil Judge, Adilabad, filed this revision. They filed the suit for the relief of perpetual injunction, against the respondent herein, in respect of the suit schedule property. I.A. No. 368 of 2005 was filed under Order 39 Rules land 2 C.P.C., for grant of temporary injunction. After issuing notice to the respondent, the trial Court granted temporary injunction in favour of the petitioners on 08-08-2005.2. The petitioners filed I.A. No. 413 of 2005 Under Section 151 C.P.C. with a prayer to grant police protection, for implementation of the order of temporary injunction. The respondent opposed the application, alleging that there is some dispute as to the boundaries, it was also alleged that the petitioners are trying to grab the land of the respondent, under the guise of the order of temporary injunction. Through its order, dated 31-08-2005, the trial Court dismissed the I.A. Hence, this C...
Gargula Chandra Sekhar and ors. Vs. State Through Police Station (Sho) ...
Court: Andhra Pradesh
Decided on: Jun-26-2006
Reported in: 2006(5)ALD504; 2006(4)ALT726
ORDERN.V. Ramana, J.1. The petitioners, who are four in number, are Gold and Silver Merchants. They are carrying on their business of gold and silver under proper and valid licences obtained from the authorities concerned in Kamareddy of Nizamabad District. While so, it is their case that the respondents-police authorities are interfering with their lawful business and summoning them to the police station on the alleged ground that the petitioners are indulging in purchase of stolen property. The petitioners state that on the representation made by the Gold and Silver Merchants Association about police excesses and harassment of gold merchants and goldsmiths, the Government of Andhra Pradesh in consultation with the Police Director and Inspector General, to protect the interests of the gold and silver merchants and goldsmiths, issued orders in Memorandum No. 3341/Police-B/85-86, dated 08-10-1985, prescribing the procedure to be followed in dealing with theft and recovery of gold and si...
Rajendra Prasad Agarwal and anr. Vs. Smt. Mysari Anasuya and ors.
Court: Andhra Pradesh
Decided on: Jun-23-2006
Reported in: 2006(4)ALT732
ORDERV. Eswaraiah, J.1. Petitioners herein are the tenants in respect of the premises bearing No. 15-9-506, situated in Mahaboobgunj, Hyderabad which is part and parcel of the big building bearing M.No. 15-9-507. Respondents herein who are the landlords of the said premises filed R.C. No. 11 of 1997 on the file of the Rent Controller, Hyderabad, seeking eviction of the petitioners/tenants Under Section 10(2)(i) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for brevity, 'the Act') on the ground of wilful default in payment of rents from April, 1991 to 31-12-1996 i.e., for sixty nine months @ Rs. 1000/-per month amounting to Rs. 69,105/- and the Rent Controller allowed the said petition by order dated 17-08-1999 against which the petitioners-tenants filed R.A. No. 305 of 1999 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad and the learned Judge by order dated 20-01-2003 dismissed the appeal confirming the order of the Rent Controller. A...
State Election Commission Vs. Malladi Rajendra Prasad and ors.
Court: Andhra Pradesh
Decided on: Jun-23-2006
Reported in: 2006(5)ALD97
G.S. Singhvi, C.J.1. This appeal is directed against order dated 21-6-2006 passed by the learned Single Judge in WPMP No. 15303 of 2006 in WP No. 12308 of 2006 whereby Respondent Nos. 2 and 3 in the writ petition i.e., Election-cum-Returning Officer, East Godavari District and District Collector, East Godavari District, have been directed to accept the nomination paper of the writ petitioner Malladi Rajendera Prasad (Respondent No. l herein) for contesting election to Zilla Parishad Territorial Constituency of Tallarevu.2. In the writ petition filed by him, Respondent No. l averred that as per the schedule of election notified by the State Election Commission (appellant herein), the last date for filing nomination paper was 17-6-2006 and 18-6-2006 was fixed for scrutiny of nomination papers. He filed nomination on 17-6-2006. The same was rejected by the Election-cum-Returning Officer, Kakinada on the ground that his name was not reflected in the electoral rolls of Tallarevu. Respondent...
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