Andhra Pradesh Court September 2006 Judgments
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Land Acquisition Officer and Revenue Divisional Officer Vs. Nagisetti ...
Court: Andhra Pradesh
Decided on: Sep-25-2006
Reported in: 2007(1)ALD403; 2007(4)ALT842
ORDERL. Narasimha Reddy, J.1. A common point arises for consideration in these two revisions. Hence, they are disposed of through a common order.2. The lands of the respondents in the CRPs are acquired, under the Land Acquisition Act, for short 'the Act', for public purpose. Awards were passed, and not being satisfied with the compensation awarded by the Land Acquisition Officer, the respondents sought for Reference, under Section 18 of the Act. Compensation was enhanced by the trial Courts, to certain extent, and in the appeals, this Court enhanced the same further. One of the controversies was as to whether the respondents are entitled to the benefit under Section 23(1A) of the Act. The Reference Court extended the said benefit, and it was affirmed by this Court, in the appeal.3. The respondents filed E.P. No. 16 of 1997 (Civil Revision Petition No. 1028 of 2006) and E.P. No.37 of 2000 (Civil Revision Petition No. 4573 of 2006), claiming the balance of compensation. In the calculatio...
United India Insurance Co. Ltd. Vs. A. Narayana Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-25-2006
Reported in: 2008ACJ725; 2007(2)ALD347; 2007(3)ALT568
M. Venkateswara Reddy, J.1. C.M.A. Nos.340, 1761, 2087 and 2097 of 2000 arise out of a common order, dated 17-9-1999, in O.P. No. 606 of 1997 and batch, on the file of the Motor Accidents Claims Tribunal (TV-Additional District Judge), Kurnool. The rest of the C.M. As., arise out of the common order dated 31-12-1999, in O.P. No. 209 of 1997 and batch, on the file of the above said Tribunal. All4hese C.M.As., were filed by the United India Insurance Company Limited.2. The limited question that arises in all these 8 C.M.As., is, when the insurance company had issued the insurance policy and subsequent thereto the cheque given by the insured towards first premium was dishonoured and the insurer cancelled unilaterally the policy, whether the insurer is liable to pay compensation to the claimants in a motor accident case.3. The insurance company is the appellant in all these cases. The claimants were awarded different sums of amount as compensation. The facts that are necessary for the purp...
Narravula Vajramma Vs. United India Insurance Co. Ltd. Rep. by Its Div ...
Court: Andhra Pradesh
Decided on: Sep-22-2006
Reported in: 2007ACJ1480; 2006(6)ALT592
ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the order, dated 5.5.2006, passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nellore (for short 'the Tribunal').2. The petitioner and her mother-in-law filed O.P. No. 678 of 1999 before the Tribunal claiming a sum of Rs. 2,75,000/-, as compensation on account of the death of late Guravaiah. The matter was settled in the Lok Adalat for a sum of Rs. 1,60,000/-. Out of this the share of the petitioner was determined at Rs. 1,30,000/- and that of her mother-in-law at Rs. 30,000/-. So far as the petitioner is concerned, she was permitted to withdraw a sum of Rs. 30,000/-. The balance of Rs. 1,00,000/- was directed to be kept in a fixed deposit for a period of three years in a nationalized bank.3. After expiry of the period of three years, the petitioner filed I.A. No. 971 of 2006 with a prayer to permit her to withdraw the amount. She pleaded that she needs the money to purchase an item...
A.P. Teachers Federation Krishna District Co-operative Building Societ ...
Court: Andhra Pradesh
Decided on: Sep-22-2006
Reported in: 2006(6)ALD237; 2006(6)ALT749
ORDERV.V.S. Rao, J.1. The Andhra Pradesh Teachers' Federation, Krishna District Cooperative Building Society Limited ('the Society', for brevity) filed the instant writ petition seeking a writ of mandamus to declare the action of the District Registrar, Gunadala, Vijayawada, and the Sub-Registrar, Gunadala, Vijayawada, in not complying with the process of registration of the pending document bearing Nos. 223/2000 to 233/2000 and 216/2002, as illegal and arbitrary. It also seeks a consequential direction to the respondents.2. The brief fact of the matter, as disclosed in the affidavit accompanying the writ petition, would show that the Society purchased an extent of Acs.24.11% cents of agricultural land situated at Gunadala Village, from different landowners. When the landowners in respect of land admeasuring Acs.l7.713/4 cents refused to register the documents, the Society filed suits for specific performance of agreements of sale, being O.S. Nos. 252 of 1992 and batch, on the file of ...
B. Vijayalakshmi Vs. T. Jayamma and ors.
Court: Andhra Pradesh
Decided on: Sep-22-2006
Reported in: 2006(6)ALD773; 2007(1)ALT470
ORDERT. Ch. Surya Rao, J.1. The instant revision petition is directed against the order dated 17-3-2006 passed in LA. No. 486/2005 in LA. No. 440/ 2005 in O.S. No. 188/2005. The revision petitioner is the applicant, who filed LA. No. 486/2005 under Order 1 Rule 10 of Civil Procedure Code read with Section 151 of the Civil Procedure Code seeking to implead herself as Respondent No. 4 in LA. No. 440/2005. That application having been heard and dismissed under the impugned order. She is now seeking to assail the same.2. A few facts which led the petitioner to file the present revision application need be mentioned to elucidate the fact in controversy and the illegality that has been crept in at various levels. The first respondent herein is the plaintiff. She filed the suit for partition against as many as six defendants including the revision petitioner as sixth defendant. The relief of partition was claimed as can be seen from the averments made in the plaint, a copy of which is supplie...
Velupadas Veeraswamy Vs. the Secretary, Revenue Department, State of A ...
Court: Andhra Pradesh
Decided on: Sep-22-2006
Reported in: 2007(1)ALD435
ORDERV.V.S. Rao, J.1. The petitioner herein assails the order of the second respondent, namely, the District Revenue Officer (DRO), dated 16.06.2006. In exercise of powers under Section 166-B of A.P.(Telangana Area) Land Revenue Act, 1317 Fasli (the Revenue Act, for brevity), the second respondent directed the third respondent to rectify the entries in Pahanis for the year 1986-1987 and restore the same in favour of respondents 4 and 5. By impugned order, the second respondent also advised respondents 4 and 5 to approach competent authority for cancellation of Pattadar Pass Books (PPBs) and title deeds issued to the petitioner.2. The brief fact of the matter is as follows. The petitioner herein is resident of Khajipet, Warangal District. He purchased land admeasuring Acs.1.36 guntas in survey Nos. 331 and 332 (old survey Nos. 154 and 156) of Khajipet village under registered sale deed, dated 25.09.1978 from G.Lakshma Reddy and Dayananda Reddy, sons of Narasimha Reddy. Respondents 4 and...
Dammalapati Ramalingam and ors. Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Sep-21-2006
Reported in: 2006(6)ALD5
ORDERV.V.S. Rao, J.1. The three petitioners purchased the land from M/s. V.T.K. Prabhakar and fifteen others under registered sale deeds in 1996. The petitioners allege that their vendors or their predecessors in title had been enjoying the land with all their rights since long. However, it appears, the second respondent made attempts to resume the land on the ground that the original assignees in whose favour the land was allegedly assigned relinquished their rights. Therefore, the present writ petition is filed seeking a writ of mandamus declaring the action of the respondents in resuming the land in Survey Nos.21 and 30 situated at Raghunathapalem Village of Khamman (Urban) Mandal in Khammam District, as arbitrary and illegal. They also sought a consequential direction to the respondents not to re-assign the resumed land.2. This Court while adjourning the matter for instructions by the Government Pleader on 2.11.2004 passed orders directing the respondents not to distribute the land...
Pentapati Subba Rao (Died) by Lrs. Vs. Jupudy Pardha Sarathy by Lrs. a ...
Court: Andhra Pradesh
Decided on: Sep-21-2006
Reported in: 2006(6)ALD693; 2007(1)ALT278
V. Eswaraiah, J.1. This appeal is directed against the judgment and decree dated 16-7-1991 passed in O.S. No. 202 of 1980 by the Subordinate Judge, Rajahmundry.2. The appellant is the first defendant. During the pendency of the appeal the appellant died and his legal representatives were brought on record as Appellants 2 to 4. The first respondent is the plaintiff and the second respondent is the second defendant in the suit. During the pendency of the suit O.S. No. 202 of 1980 filed by the first respondent herein, the second defendant died and his legal representatives were brought on record as Defendants 5 to 13, who are Respondents 5 to 13 herein. The Respondents 3 and 4 are the Defendants 3 and 4 in the suit.3. The suit filed by the first respondent herein for declaration of title to the plaint 'A' schedule properties comprising Al, A2, A3 and A4 schedules and for possession of the same was decreed by judgment and decree dated 16-7-1991 declaring plaintiffs title to the plaint A sc...
Satyavarapu Appalaraju and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-21-2006
Reported in: 2006(6)ALD714; 2007(1)ALT69
C.V. Nagarjuna Reddy, J.1. Since common issues arise in both the writ petitions, they are being disposed of together.WP No. 14605 of 19972. The petitioners in this writ petition are residents of Saluru, which is a Municipality in Vijayanagaram District. In the affidavit filed in support of the writ petition they averred that National High Way No. 43 (NH-43) passed through Saluru Town. There is a Church called St. Paul's Luthern Church (4th respondent) situated adjacent to NH-43. Many citizens of Saluru approached NH-43, via Anjaneyaswamy Temple Street. Besides the temple there is a music school on the same street. People going from Anjaneyaswamy Temple Street to NH-43, use a road which is 20 feet wide and 100 feet long (hereinafter called as disputed road). The disputed road is flanked on one side by the Church and on the other side by a business firm by name S.V. Engineering Workshop. Many citizens including the college and school children use the disputed road every day. In Municipal...
Peethani Satyanarayana @ Somadula Satyanarayana Vs. Peethani Venkata R ...
Court: Andhra Pradesh
Decided on: Sep-21-2006
Reported in: 2007(1)ALD113
L. Narasimha Reddy, J.1. Plaintiff in O.S. No. 217 of 1995 on the file of the learned Junior Civil Judge, Palakol and the first defendant in O.S. No. 272 of 1995 on the file of the same Court filed these two second appeals. The relevant facts, which gave raise to the filing of these appeals, are as under:2. One Peethani Lachanna and Satyavathi are the original owners of the properties in question. The respondent, by name Venkatrao, is the brother of Lachanna. According to the appellant, he was adopted by Lachanna and Satyavathi, through a registered deed, dated 13-8-1984, marked as Ex. B1 and that the properties held by the couple, particularly Satyavathi, have vested in him absolutely through the said document. It is also his case that Satyavathi executed a Will, dated 31-5-1991 (Ex. B.4), bequeathing the suit schedule properties to him. Alleging that the respondent is attempting to interfere with the possession of the suit schedule properties, the appellant filed O.S. No. 217 of 1995...
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