Andhra Pradesh Court July 2006 Judgments
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Palakurtivari Choultry Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Jul-05-2006
Reported in: 2006(5)ALD363; 2006(6)ALT205
ORDERL. Narasimha Reddy, J.1. The petitioner is a Choultry. It is possessed of movable and immovable properties. An extent of Ac.6.09 cents of land in Survey Nos. l67/3 and 170/1 of Balaramunipet of Machilipatnam Town was notified for acquisition by the respondents, through a notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 (for short 'the Act') issued on 25-5-1992 and 4-10-1992 respectively. Notices under Section 9(1) and 9(3) of the Act were also issued. The petitioner contends that the respondents did not pass any award, in respect of the acquired land, and by operation of Section 11A of the Act, the entire proceedings have lapsed. Accordingly, it seeks a writ of mandamus, in the form of a direction, to the respondents to issue a fresh notification under Section 4(1) of the Act, with reference to the said land.2. On behalf of the respondents, a counter-affidavit is filed. The fact that notifications under Sections 4(1) and 6 of the ...
Gujrath Andhra Road Carriers Transport Contractors and ors. Vs. United ...
Court: Andhra Pradesh
Decided on: Jul-05-2006
Reported in: AIR2006AP401; 2006(5)ALD519
L. Narasimha Reddy, J.1. M/s Takur Sadekar and Company Limited, Nizamabad, (for short the 'consignor') consigned 454 bags of Beedies through the 1st appellant, M/s Gujrath Andhra Road Carriers Transport Contractors, (for short 'the appellant') for delivery at Sunderao (Rajasthan), on 30-07-1980. The appellant accepted the consignment and issued LRGAR C. No. 87, dated 30-07-1980. The consignor insured the goods with the respondent herein. On 04-08-1980, the goods reached the destination, through a truck belonging to the appellant. 17 bags of the consignment were said to have been damaged, due to rain. The consignor made a claim with the respondent. An exercise of assessment for the damage was undertaken, and a sum of Rs. 8,608=13 ps. was paid by the respondent, to the consignor.2. On the basis of a letter of subrogation and power of attorney, issued to it, by the consignor, the respondent filed O.S. No. 253 of 1983 in the Court of Principal District Munsif, Nizamabad, against the appell...
M. Satyanarayana S/O Surayya Vs. Bhimavaram Municipal Council Rep., by ...
Court: Andhra Pradesh
Decided on: Jul-05-2006
Reported in: 2006(6)ALD94; 2006(6)ALT117
ORDERGoda Raghuram, J. 1. The 2nd respondent by the impugned proceedings dated 1.4.1999 having rejected the explanation dated 20.2.1999 submitted by the petitioner to the provisional notice dated 17.2.1999, directed the petitioner to remove all the unauthorized constructions/extensions made in the petitioner's site within the stipulated time failing which, the order directs, the unauthorized constructions would be demolished departmentally and the costs therefor recovered from the petitioner. The writ petition assails this order.2. The petitioner is the owner of 226 1/2 S.Yds, of land in RS No. 489/3, Ward-30, Katarinagar, Bhimavaram Municipality. According to the petitioner, when the respondent-Municipality issued a notice directing removal of the compound wall in the site, the petitioner instituted OS No. 121/91 before the I Addl. District Munsif, Bhimavaram, against the Municipality for a permanent injunction restraining demolishing of the southern side compound wall and in any way ...
Chatru and ors. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Jul-05-2006
Reported in: 2007(1)ALD85; 2007(2)ALT374
ORDERV.V.S. Rao, J.1. In all the writ petitions the order passed by the Joint Collector, Mahaboobnagar District in Revision Case No. D 1/29/2004 dated 2.4.2006 is challenged. Therefore, this common order shall dispose of all the writ petitions.2. The petitioners claim that they purchased the land from Sattar Miyan, one of the sons of original pattadar, late Buran Uddin, sometime during 1982-1984 for a valuable consideration. They, thereafter, approached the Mandal Revenue Officer, Jedcherla (MRO), under Section 5A of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity) seeking validation of the unstamped and unregistered sale deeds. According to the petitioners, after conducting enquiry, the MRO issued proceedings on 12.1.1995 regularising/validating the sale deeds under which the petitioners purchased the property from Sattar Miyan and others in respect of the land in various survey numbers situated in China Adirala Village of Jedcherla Mandal in Mahaboobnagar ...
Poonam Chatarjee and ors. Vs. Ganapathy Nalamaharaju Reddy
Court: Andhra Pradesh
Decided on: Jul-04-2006
Reported in: 2006(5)ALD9
L. Narasimha Reddy, J.1. This second appeal is filed against the concurrent judgments, rendered by the Court of I Additional Senior Civil Judge, Visakhapatnam, in O.S.No. 335 of 1996, and the Court of VI Additional District Judge, Visakhapatnam, in A.S.No. 14 of 2003.2. The respondent is the owner of the suit schedule premises. Through a lease deed dated 7-5-1993, the respondent granted lease in favour of the appellants, for a period of six months. The lease expired and the appellants did not vacate the premises. Thereafter, the respondent filed the suit for eviction and recovery of damages. The appellants filed a written statement, stating that the suit is not maintainable, since it was not preceded by a notice under Section 106 of Transfer of Property Act, for short 'the Act'. It was alleged that the rents were being paid, even after the expiry of the lease. A further plea was raised to the effect that they surrendered the premises to the respondent, and thereafter, they were leased ...
Udanrao Anjaiah and ors. Vs. Suryanarayana (Died) and ors.
Court: Andhra Pradesh
Decided on: Jul-04-2006
Reported in: IV(2006)ACC303; 2006(5)ALD339
L. Narasimha Reddy, J.1. This C.M.A. arises under a peculiar set of facts. One Smt. Udan Rao Padmamma died at Maneguda Village of Ranga Reddy District, on 12-11-2002, when she was hit by a vehicle bearing No. AP 22E 666 owned by the deceased first respondent and insured with the second respondent. Her husband and children, appellants 1 to 5 herein, filed O.P. No. 123 of 2003 before the VI Additional District Judge-cum-Chairman Motor Accidents Claims Tribunal, Vikarabad, claiming an amount of Rs. 2,50,000/-, as compensation. On an advise tendered to the appellants, they have also filed O.P. No. 749 of 2003 before the Motor Accidents Claims Tribunal-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, claiming amount in respect of the same cause of action.2. The appellants filed a memo, dated 17-9-2004, before the Tribunal at Vikarabad seeking permission to withdraw O.P. No. 123 of 2003. Even when the memo was pending, O.P. No. 749 of 2003 came up for trial before the Tribunal at ...
M. Padmavathi Vs. Siddahamsetty Rajeshwar Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-04-2006
Reported in: 2007(2)ALD99; 2007(4)ALT187
C.Y. Somayajulu, J.1. The unsuccessful plaintiff in a suit for declaration of title and recovery of possession is the appellant. For the sake of convenience, the parties to the appeal would herein-after be referred to as they are arrayed in the trial Court.2. Plaintiff is the daughter of the first defendant. First defendant and his brother S. Madhava Rao were members of a Hindu Joint family. In the partition that was effected between them in 1937, Mulgi bearing No. 3903, Market Street, Secunderabad and house bearing No. 2154 at Hill Street, Secunderabad were allotted to the share of S. Madhava Rao along with some other properties. Mulgi bearing No. 3904 and other properties were allotted to the share of first defendant S. Madhava Rao, out of love and affection towards the plaintiff, gifted the Mulgi bearing No. 3903 and house bearing No. 2154 to the plaintiff through a registered gift deed, when she was aged 5 years and that gift was accepted by the first defendant on her behalf as her...
Kaswa Venkatesham and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-03-2006
Reported in: 2006(5)ALD255
ORDERP.S. Narayana, J.1. All these three writ petitions are being disposed of by a common order in view of similarity of facts and also common questions of law arising in all these writ petitions.2. The petitioners herein aggrieved by the action of the respondents in trying to proceed with the demolition activity of the houses specified in these writ petitions had approached this Court praying for positive directions.3. In all these writ petitions notice before admission had been ordered. Status quo for a limited period was granted and subsequent thereto the same was being extended.4. Sri Polisetti Radha Krishna, the learned Standing Counsel had taken notice to file counter-affidavits in all these matters and opposed these matters.5. Sri Nalin Kumar, Sri Giri Krishna and Sri B. Parmeshwar Rao representing Sri Ranapratap were heard on behalf of the petitioners and Sri Polisetti Radhakrishna, the learned Standing Counsel for the Municipality was heard on behalf of the respondents.6. Sri ...
Garre Venkata Lakshminarayana Vs. Medarametla Sarada and ors.
Court: Andhra Pradesh
Decided on: Jul-03-2006
Reported in: AIR2007AP54; 2006(5)ALD693; II(2007)BC561
L. Narasimha Reddy, J.1. This C.M.S.A. is filed by the appellant-petitioner in I.P. No. 17 of 2004 on the file of the Senior Civil Judge, Darsi. The appellant stated that he incurred several debts during the course of his business and sustained heavy losses in it. It is also alleged that the respondents herein filed O.S. Nos. 247 and 248 of 1999 on the file of the Junior Civil Judge, Podili, and obtained decrees against him and filed E.P. Nos. 49 and 50 of 2003 thereafter, for a sum of Rs. 70,352/- and Rs. 73,170/-, respectively. It was his case that he preferred appeals before this Court and on account of his insolvency, he could not comply with the condition of deposit of Rs. 25,000/- in the E.P., as directed by this Court. With this and other allied allegations, he prayed the trial Court to declare him as insolvent by filing I.P.2. The respondents opposed the application. According to them, the appellant possessed vast extents of movable and immovable properties and that his efforts...
Mullapudi Veera Venkata Balayogi Satyanarayana and ors. Vs. Mullapudi ...
Court: Andhra Pradesh
Decided on: Jul-03-2006
Reported in: 2006(5)ALD547
V. Eswaraiah, J.1. The appeal suit and the civil revision petitions arise out of the common proceedings in O.S. No. 119 of 1988 on. the file of the Subordinate Judge, Kowur. The appellants in the first appeal and petitioners in the civil revision petitions are the defendants in the suit. The respondent in all these cases is the plaintiff (second plaintiff) in the above suit. The parties herein are referred to as they are arrayed in the original suit.2. O.S. No. 119 of 1988 was originally filed by one Mullapudi Dorayya, alleging that Mullapudi Narayana and Krishnarao are brothers and sons of Mullapudi Narayana and his wife Atchamma of Kalavalapalli Village. The first plaintiff and the first defendant and one Chakradhararao are the sons of said Krishnarao and his wife Kanthamma. Chakradhararao died unmarried and therefore, there remained only two sons i.e., the first plaintiff, Mullapudi Dorayya @ Doraju and the first defendant namely Mullapudi Veera Venkata Balayogi Sityanarayana. Their...
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