Andhra Pradesh Court September 2006 Judgments
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Elluri Venkata Sai Surya Prakasa Rao Vs. Guttikonda Srirama Murthy and ...
Court: Andhra Pradesh
Decided on: Sep-18-2006
Reported in: 2007(1)ALD152
ORDERL. Narasimha Reddy, J.1. The petitioner filed LP. No. 87 of 2003 in the Court of the Senior Civil Judge, Machilipatnam against the respondents herein to declare him, an insolvent. Subsequently, he filed LA. No. 1370 of 2004 with a prayer to grant interim protection, restraining the respondents herein from executing the arrest warrants against him, in the respective decrees obtained by them. Through the order, dated 19-10-2005, the trial Court dismissed the LA. Hence, this civil revision petition.2. Sri S.A. Chari, the learned Counsel for the petitioner submits that though Section 23 of the Provincial Insolvency Act (for short 'the Act') empowers the insolvency Court to direct release of the petitioner in an LP., if he was arrested in the course of execution of a decree, the Court can exercise inherent power under Section 5 of the Act, to pass orders, preventing arrest of the insolvent. He places reliance upon a judgment of the Madras High Court in Nallagatti Goundan v. Ramana Goun...
V. Rajeshwar Vs. N. Gurucharanam and ors.
Court: Andhra Pradesh
Decided on: Sep-18-2006
Reported in: 2007(1)ALD154
ORDERP.S. Narayana, J.1. Heard Sri P. Srinivasa Reddy, the learned Counsel representing the revision petitioner and Sri A. Rama Krishna Reddy, the learned Counsel representing the first respondent.2. Sri Srinivasa Reddy representing the revision petitioner-first defendant would contend that normally summoning the witness along with the records to be allowed and the reasons which had been recorded by the learned II Additional Senior Civil Judge, Warangal, are totally unsustainable reasons. The learned Counsel also had taken this Court through certain factual details and would contend that in the facts and circumstances of the case, the learned II Additional Senior Civil Judge, Warangal could have given an opportunity to the revision petitioner by allowing the application. The learned Counsel placed strong reliance on the decision of this Court in Gopala Krishna Murthy v. B. Ramachander Rao and Ors. : AIR1973AP309 .3. Per contra, Sri Rama Krishna Reddy, the learned Counsel representing t...
Dega Babi Reddy and ors. Vs. Government of A.P. Rep. by Its Principal ...
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2006(6)ALT173
ORDERGoda Raghuram, J. 1. The petitioners assail the conduct of an auction for grant of leasehold rights of lands in various extents i.e. Ac.4.40 cents inSy. No. 95/2, Ac.2.00 in Sy. No. 4363, Ac.1.71 in Sy.No. 294, Ac.8.23 in Sy.Nos.4363,4359, 4364/A, 4365, 4366, 4367, 4362, 4361 and 4363 of North Mopur village, Allur Mandal, Nellore District, an agricultural property belonging to the 3rd respondent -Sri Rebala Kodanda Rami Reddy Charities, North Mopur village, Allur Mandal, Nellore District.2. The petitioners claim to have been in possession of these lands, to be cultivating it, to be raising paddy crop and paying annual Maktha regularly to the Charitable institution, since long; the leases are stated to have been orally granted in 1980. The petitioners do not plead, establish or demonstrate that they are the lawful cultivating tenants of the 3rd respondent institution's lands, on the basis of duly executed lease deeds.3. Rule 7 of the A.P. Charitable and Hindu Religious Institutions...
Sunandamma Vs. Executive Officer/Secretary, Gram Panchayat and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2006(6)ALD153
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 8-9-2006. Sri Upender Reddy had taken notice on behalf of R.1. Learned A.G.P. for Panchayat Raj had taken notice on behalf of R. 2 and both the Counsel requested time to file counter-affidavits. The Counsel for petitioner was permitted to take out notices to R. 3, R. 4 and R. 5 and the respondents 3, 4 and 5 are served. Sri K. Govind had entered appearance and filed counter-affidavit.2. The writ petition is filed for a writ of mandamus declaring the action of Rule 1 in granting permission No. 89 of 2005 dated 31-12-2005 to the respondent Nos. 3 to 5 for construction of the multi-storied building without leaving any setback in contrary to Rule 20(2) of the Andhra Pradesh Gram Panchayat Land Development (Lay Out and Building) Rules, 2002 and thus has the effect of violation of fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently to set aside the per...
Dega Babi Reddy and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2006(6)ALD214
ORDERGoda Raghuram, J.1. The petitioners assail the conduct of an auction for grant of leasehold rights of lands in various extents i.e., Ac. 4.40 cents in Sy. No. 95/2, Ac. 2.00 in Sy. No. 4363, Ac. 1.71 in Sy. No. 294, Ac. 8.23 in Sy. Nos. 4363, 4359, 4364/A, 4365, 4366, 4367, 4362, 4361 and 4363 of North Mopur Village, Allur Mandal, Nellore District, an agricultural property belonging to the 3rd respondent-Sri Rebala Kodanda Rami Reddy Charities, North Mopur Village, Allur Mandal, Nellore District.2. The petitioners claim to have been in possession of these lands, to be cultivating it, to be raising paddy crop and paying annual Maktha regularly to the Charitable institution, since long; the leases are stated to have been orally granted in 1980. The petitioners do not plead, establish or demonstrate that they are the lawful cultivating tenants of the 3rd respondent institution's lands, on the basis of duly executed lease deeds.3. Rule 7 of the A.P. Charitable and Hindu Religious Inst...
K. Venkatanatha Reddy Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2006(6)ALD347; 2006(6)ALT755
ORDERV.V.S. Rao, J.1. This writ petition is filed seeking a direction to the respondents to register the deed of relinquishment, dated 6-7-2005 as well as the sale deed executed in favour of the petitioner and his brothers by Police Officers Co-operative House Building Society Limited, Tirupathi (hereafter called, the Police Officers Society) in respect of the land in Survey Nos. 250/3 (Acs.0.47), 250/5 (Acs.0.67), 250/8 (Acs.0.05), 250/9 (Acs.0.09), 251/6 (Acs.0.32), 250/4 (Acs.0.05), 250/7 (Acs.0.05), 251/7 (Acs.0.16) and 251/5 (Acs.0.37) of Tiruchanur Village, Tirupathi, Rural Mandal of Chittoor District (hereafter called the subject lands) and for such other orders as it deems fit. Government of Andhra Pradesh; the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh; the District Registrar, Chittoor District; and the Sub-Registrar, Renigunta are shown as respondents. The petitioner obviously seeks a direction to the fourth respondent though the others are ...
Yella Constructions Limited Vs. East Coast Railway and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2006(6)ALD460; 2006(6)ALT714; [2007]73SCL112(AP)
ORDERV.V.S. Rao, J.1. Intrvduction:M/s. Annapurna Rail S&T; Construction Limited is a company registered on 11.6.1998 under Indian Companies Act, 1956. It was incorporated with the main object of carrying on business of undertaking contract works especially Signalling and Telecommunications (S&T;) works with Indian Railways. On 10.2.2004, the name of the said company was changed as M/s. Yella Construction Limited (the petitioner herein). As per the Memorandum and Articles of Association, there are six shareholders including M/s. Y. Raghavaiah and Y. Venkata Lakshmi. There are four Directors in the Board of Directors of the company including Y. Raghavaiah. The company filed the instant writ petition seeking a writ of mandamus declaring the order/letter, dated 21.7.2005 issued by the Chief Signal and Telecom Engineer (Projects), East Coast Railway, Bhubaneswar - the third respondent herein. By the said letter, M/s. Annapurna Rail S&T; Construction Limited, Visakhapatnam (as the petitione...
T. Penchalaiah Vs. Jaladanki Saroja (Died) and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2006(6)ALD560
ORDERV.V.S. Rao, J.1. This civil revision petition is filed under Article 227 of Constitution of India assailing the decretal order, dated 16-12-2005, passed by the Court of III Additional Junior Civil Judge, Nellore in E.A.No. 363 of 2002 in E.P.No. 69 of 1993 arising out of an ex parte decree for declaration of title and recovery of possession passed by the said Court in O.S.No. 676 of 1990. The petitioner herein is the decree holder and the first respondent in E.A. No. 363 of 2002 whereas one Jaladanki Saroja is a third party to the said suit, who filed E.A.No. 363 of 2002. After her death, her legal representatives, namely, the husband and two daughters were brought on record before the lower Court, who are respondents 2 to 4 herein.2. The brief fact of the matter is as follows: The petitioner was assigned/allotted land admeasuring Acs.331/2 ankanams bearing Plot No. 13 in Block 'B' in Survey No. 78/2 situated at Vedayapalem, Nellore, on payment of market value under proceedings, d...
Vaka Venkata Krishna Reddy and ors. Vs. Sri Ramalingeswara Swamy Devas ...
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2007(1)ALD262
ORDERGoda Raghuram, J.1. The petitioners assail the conduct of an auction for grant of leasehold rights of lands in various extents in Sy.Nos. 59, 43, 478 of Rudrakota village, Kavali Mandal, Nellore District. an agricultural property belonging to the 1st respondent-Sri Ramalingeswara Swamy Devasthanam, Rudrakota village, Kavali Mandal, Nellore District.2. The petitioners claim to have been in possession of these lands, to be cultivating it by raising crops and paying annual Maktha regularly to the Devasthanam, for the past 30 years. The petitioners do not plead, establish or demonstrate that they are the lawful cultivating tenants of the 1st respondent- Devasthanam's lands, consequent on duly executed lease deeds. No particulars are furnished in the writ petition to justify an assumption that the petitioners are lawful tenants.3. Rule 7 of the A.P. Charitable and Hindu Religious Institutions and Endowments Lease of Agricultural Lands Rules, 2003 (for short 'the Rules') and provisions ...
Khaja Safiullah Vs. Mettu Baga Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2006
Reported in: 2007(1)ALD565; 2007(1)ALT33
ORDERV.V.S. Rao, J.1. The fourth defendant in O.S. No. 195 of 2005 on the file of the Court of the II Additional District Judge, Ranga Reddy, filed the present Civil Revision Petition under Article 227 of Constitution of India. He is aggrieved by the order, dated 03.06.2006, in I.A. No. 1329 of 2005 in the said suit passed by the lower Court. By impugned order, the learned trial Judge suspended the Judgment and Decree in O.S. No. 1331 of 2004 on the file of the Court of the Principal Junior Civil Judge (East and North), Ranga Reddy District (hereafter called, the offending Judgment).2. The respondents 1 to 33 herein (hereafter called, the plaintiffs) filed the suit for a decree declaring the offending Judgment as null and void and for perpetual injunction restraining defendants 4 and 5 from interfering with their possession. The offending Judgment was challenged inter alia on the ground that the same was obtained by the fourth defendant in collusion with the fifth defendant in respect ...
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