Andhra Pradesh Court October 2007 Judgments
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Lakshmi Builders Vs. Union of India (Uoi) Rep. by General Manager, Sou ...
Court: Andhra Pradesh
Decided on: Oct-23-2007
Reported in: 2008(3)ALD66; 2007(6)ALT617
ORDERV.V.S. Rao, J.1. The applicant is a firm dealing with civil contracts. On 1-10-2001 first respondent entered into contract agreement No. 62/CAO/ C/SC/2001 for 'development of sports complex at RRC ground', Secunderabad, construction of swimming pool, construction of building complex, construction of spectrogallery and other connected works. The estimated value of the work is Rs. 1,86,74,718.49 ps. The award of contract was preceded by tender process, acceptance of offer of the applicant by letter dated 18-4-2001. The work is to be completed within a period of nine months from date of acceptance. Applicant alleges that the work is of specialized nature and the actual quantities in the agreement exceeded over and above 25% of agreement quantities. It is also alleged that new items of works cropped up for which rates and quantities have to be fixed. Without doing this, applicant was pressurized to go ahead with new items of work pending settlement of rates and applicant estimates the...
Mellimi Lakshmikantam Vs. Election Tribunal-cum-principal District Jud ...
Court: Andhra Pradesh
Decided on: Oct-23-2007
Reported in: 2008(1)ALT388
G.S. Singhvi, C.J.1. This appeal is directed against order dated 30.04.2007 passed by the learned Single Judge in Writ Petition No. 658 of 2007, whereby he declined to quash the proceedings of Election O.P. No. 799 of 2006 pending before Election Tribunal-cum-Principal District Judge, West Godavari at Eluru (respondent No. 1 herein).2. Election to the office of Sarpanch, Kanuru Gram Panchayat of Peravali Mandal, West Godavari District was held on 02.08.2006. The appellant and respondent Nos. 2 and 3 contested the election. The appellant was declared elected by securing 2081 votes. After 16 days, respondent No. 2 filed petition under Sections 233, 19(3) and 22(1) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, 'the Act') read with Rule 2(2)(i)(a) and 4(ii) of the Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for short, 'the Rules') for setting aside the election of the first respondent (the ap...
Nazeer Khan Vs. Vijayanagar Welfare Association
Court: Andhra Pradesh
Decided on: Oct-23-2007
Reported in: 2008(1)ALD828
B. Seshasayana Reddy, J.1. Unsuccessful defendant in the trial Court as well as the lower appellate Court is the appellant in this second appeal.2. The appellant filed this second appeal against the judgment and decree, dated 1.2.2006, passed in A.S. No. 343 of 2003 on the file of XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, whereby and whereunder the learned Additional Chief Judge dismissed the appeal filed by the appellant/defendant, confirming the judgment and decree dated 9.6.2003 passed in O.S. No. 3058 of 2000 on the file of VIII Junior Civil Judge, City Civil Court, Hyderabad, and directed the appellant to vacate the suit premises within two months.3. The plaint averments in brief are: The appellant/defendant is the tenant of the respondent/ plaintiff in respect of part of the premises bearing Municipal No. 10-3-566/11, Vijayanagar Welfare Association Building, Vijayanagar Colony, Hyderabad. The appellant/defendant took the premises in dispute on l...
thermax Limited Vs. Arasmeta Captive Power Co. Pvt. Limited
Court: Andhra Pradesh
Decided on: Oct-23-2007
Reported in: 2008(1)ALT788
ORDERV.V.S. Rao, J.1. This application is filed under Section 11(6) of Arbitration and Conciliation Act, 1996 (the Act, for brevity) read with Scheme of Appointment of Arbitrators, 1996, framed by Hon'ble the Chief Justice of Andhra Pradesh. The applicant, M/s. Thermax Limited, prays this Court to appoint second arbitrator in terms of Section 11(6) of the Act for the purpose of constituting Arbitral Tribunal to adjudicate the claims of the applicant.2. The applicant is an incorporated company engaged in the business of design, engineering, procurement, supply of equipment and components constituting Boiler and Balance of Plant. The respondent company is also an incorporated entity. It is a Special Purpose Vehicle (SPV) formed for designing, developing, establishing and operating a 43 MW coal based power plant at Arasmeta, Janjgir-Champa District, District, Chattisgarh. The contract of designing, engineering, procuring, transportation, supplying the equipment and components for the proj...
National Insurance Co. Ltd. Vs. M. China Samba and ors.
Court: Andhra Pradesh
Decided on: Oct-23-2007
Reported in: 2008(2)ALD455; 2008(3)ALT558
T. Ch. Surya Rao, J.1. Inasmuch as all the claims arise out of a common accident and as common questions of law and fact are involved, these appeals can be disposed of together.2. The unsuccessful insurer-second respondent is the appellant which seeks to assail the award dated 4.9.2004 passed by the learned Motor Accidents Claims Tribunal, Guntur, in M.V.O.P. Nos. 392, 393, 394, 395, 396, 397, 400, 402, 421, 398 and 401 of 2000. The respondents are the claimants who laid individual claims. One by the legal representatives of the deceased, who died in the accident and the other by the injured claimants. The deceased and the other injured claimants came in the lorry bearing No. AHW-239 owned by one K. Nagi Reddy and insured with the appellant on 10.3.2000 as coolies, for loading and unloading purposes, from Nakarikallu to Piduguralla. After unloading, on its way back, when the vehicle reached Pedanemalipur Bridge, on account of the rash and negligent driving by its driver, the lorry turn...
K.G. Krishna Murthy (Died) Per Lrs. and ors. Vs. the Joint Collector a ...
Court: Andhra Pradesh
Decided on: Oct-22-2007
Reported in: 2008(1)ALD836
ORDERV. Eswaraiah, J.1. This writ petition has been filed questioning the order of the Joint Collector, Ranga Reddy District, in File No. B3/4195/95 dated 18.10.1997 in confirming the order of the Revenue Divisional Officer, Vikarabad Division, Ranga Reddy District, in File No. D/3225/1986 dated 04.03.1995 in rejecting the application of the first petitioner - late K.G. Krishna Murthy for grant of occupancy rights under Section 5 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act') and to set aside the same as illegal and arbitrary by issuing a Writ of Mandamus.2. The original applicant - K. G. Krishna Murthy, whose application has been rejected by order of the Revenue Divisional Officer dated 04.03.1995, filed an appeal under Section 24 of the Act and died during the pendency of the appeal and his legal heirs, were brought on record, are petitioners 2 to 9 herein. The respondents 1 and 2 are the Joint Collector and Revenue Divisional Officer respec...
The District B.C. Mahila Welfare Association Rep. by President Bangaru ...
Court: Andhra Pradesh
Decided on: Oct-22-2007
Reported in: 2008(2)ALD225
ORDERP.S. Narayana, J.1. Heard Sri Palle Nageshwar Rao, the Counsel representing the petitioner in C.C. No. 678/2006, the learned Advocate General, Sri T. Ramesh Babu representing Sri B. Adinarayana Rao, Sri Rupendra Waghre representing Sri D.V. Seetarama Murthy.2. C.C. No. 678/2006 is filed by the District B.C. Mahila Welfare Association, Nalgonda, represented by its President - Bangaru Nagamani complaining the willful and deliberate disobedience of the orders made in W.P.M.P. No. 17027/2006 in W.P. No. 13680/2006 dt. 11-7-2006. Suo Motu C.C. No. 985/2006 had been initiated by this Court by issuing show cause notice to Vijayanand, District Election Authority and District Collector, Nalgonda District and K.N. Kristappa, Deputy District Election Authority and The Revenue Divisional Officer, Bhongir, Nalgonda District. Since both these matters arise in relation to a common order, both these matters are being disposed of by this common order.3. District B.C. Mahila Welfare Association, Na...
Dr. Reddy's Laboratories Limited Vs. State of Andhra Pradesh, Departme ...
Court: Andhra Pradesh
Decided on: Oct-22-2007
Reported in: 2008(1)ALT156
ORDERV. Eswaraiah, J.1. The petitioner in both the writ petitions is one and the same. W.P. No. 20329 of 2007 has been filed seeking a direction to the first respondent to consider and dispose the application filed by it on 18.09.2007 for alienation of land of an extent of Ac.10.20 guntas in Sy. No. 44 of Bachupally Village, Qutubullapur Mandal, Ranga Reddy District resumed from it and to direct the respondents not to demolish its factory premises pending disposal of the said application.2. W.P. No. 20525 of 2007 has been filed questioning the letter of District Collector, Ranga Reddy District bearing Lr. No. Lc4/3462/ 2007 dated 05.09.2007 addressed to the Tahsildar, Qutubullapur, instructing him to hand over advance possession of the said resumed land to the Andhra Pradesh Central Power Distribution Corporation Limited (APCPDCL).3. Heard the learned Counsel for the petitioner as well as the learned Government Pleader appearing for the respondents.WP. No. 20329 of 2007:4. Petitioner i...
Dr. T.S.A. Guptha Vs. Joint Collector-ii and ors.
Court: Andhra Pradesh
Decided on: Oct-22-2007
Reported in: 2008(2)ALD184; 2008(4)ALT189
ORDERV. Eswaraiah, J.1. Petitioner seeks a writ of mandamus to declare the action of the Revenue Divisional Officer/Special Grade Deputy Collector, East Division, Ranga Reddy District, in initiating proceedings for grant of occupancy right certificate in respect of lands in Sy. Nos. 255, 258, 275/A, 292, 293, 299, 300, 301, 305 and 306 of Mamidipally Village, Saroornagar Mandal, Ranga Reddy District in favour of the Andhra Pradesh Wakf Board (for short 'Wakf Board') as illegal and arbitrary and to direct the Revenue Divisional Officer not to grant occupancy rights in favour of the Wakf Board or any other institution.2. It is the case of the petitioner that he purchased land in an extent of Ac.2.00 cents in Sy. Nos. 299 and 300 of Mamidipally Village, Saroornagar Mandal, vide registered sale deed dated 4.2.2006 from Smt. Sayeeda Zamrudh Begum W/o. Md. Fayyaz and others. The vendors of the petitioner have been granted occupancy right certificates and mutation was also effected duly recor...
Jakkula Venkata Swamy and anr. Vs. District Collector, Ranga Reddy Dis ...
Court: Andhra Pradesh
Decided on: Oct-22-2007
Reported in: 2008(6)ALD751
ORDERV. Eswaraiah, J.1. Similar questions are raised in both the writ petitions relating to various extents of lands in the same Sy. No. 225/B & C as such they are disposed of by a common order.2. Heard the learned Counsel for the petitioner as well as the learned Government Pleader appearing for the respondents 1 to 3.3. It is the case of the petitioners in W.P. No. 16267 of 2007 that the first petitioner purchased an extent of Ac. 1.00 cents in Sy. No. 225/B situated at Yadagarpally Village East, Keesara Mandal, Ranga Reddy-District from Nunemunthala Balaiah and Nunemunthala Srinivas vide registered sale deed dated 10.9.1993 and that both of them have jointly purchased an extent of Ac. 1.00 cents in Sy. No. 225/B situated at Yadagarpally Village East, Keesara Mandal, Ranga Reddy District from Smt. Nunemunthala Ramulamma, Nunemunthala Balraj and Nunemunthala Srinivas vide registered sale deed dated 13.11.1995. It is stated that the said two acres of lands was an estate land and their ...
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