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Andhra Pradesh Court November 2007 Judgments

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Nov 21 2007

Golla Sunkulamma Vs. Revenue Divisional Officer and anr.

Court: Andhra Pradesh

Decided on: Nov-21-2007

Reported in: 2008(2)ALT532

ORDERV.V.S. Rao, J.1. Petitioner is statedly owner of agricultural dry land admeasuring Acs.3.11 in survey No. 121/1 situated at Cherukulapadu village of Veldurthy Mandal in Kurnool District. The land was acquired for provision of house sites to poor persons under Award No. 4/95 dated 19-4-1995. Petitioner alleges that the land is abutting the village site in the near proximity of the village and therefore the market value is Rs. 2.00 lakhs per acre. However first respondent awarded a sum of Rs. 7,500/-. When the amount was paid on 9-1-1996 she received the same under protest and sent a representation on 10-1-1996 seeking reference to Civil Court, in vain. She therefore got issued a legal notice dated 21-9-1997 seeking reference. In response thereto first respondent sent letter bearing Rc.C.1133/94, dated 17-10-1997, informing petitioner that she did not send application under Section 18(1) of the Land Acquisition Act, 1894 (the Act, for brevity) seeking reference and that she gave her...


Nov 21 2007

Pioma Industries Vs. Commercial Tax Officer and anr.

Court: Andhra Pradesh

Decided on: Nov-21-2007

Reported in: (2009)19VST125(AP)

ORDERT. Meena Kumari, J.1. This writ petition is filed against the assessment order G. I. No. 2062/2003-04/APGST dated March 31, 2007 passed by the first respondent herein.2. The case of the petitioner is that it is a proprietary concern owned by Khambatta Family Trust, Ahmedabad, carrying business in manufacture and sale of soft drink concentrate. During the assessment years 2002-03 and 2003-04 the petitioner sold goods to M/s. Rasna Private Limited (for short, 'RPL'), which is an independent company registered under the Companies Act, 1956 and the transactions of the petitioner with RPL are principal-to-principal transactions. While so, the first respondent herein made provisional assessment dated August 6, 2003 for the assessment years 2002-03 and 2003-04 (April to June 2003) holding that in view of intimate connection between the petitioner and the RPL coupled with the circumstance that entire sales of the petitioner had been effected to RPL, the sale transactions fall within the m...


Nov 20 2007

K. Ravinchandra Reddy and ors. Vs. Government of A.P. Revenue (Endowme ...

Court: Andhra Pradesh

Decided on: Nov-20-2007

Reported in: 2008(1)ALT537

ORDERP.S. Narayana, J.1. K.Ravichandra Reddy and 16 others filed the present Writ Petition for a Writ of Mandamus declaring the proceedings of the 1st respondent in G.O.Rt. No. 1515, dt. 16-7-2007 as illegal, null, void and opposed to Section 19(e) of Act 30 of 1987 insofar as it relates to 6th respondent herein and pass such other suitable orders. The 6th respondent is one M.Jagannadha Reddy.2. This Court issued rule nisi on 6-8-2007 and granted interim order for a limited period in W.P.M.P. No. 21166/2007 and subsequent thereto on 21-8-2007 the interim order granted earlier was extended until further orders.3. The 4th respondent - Sri Swayambu Sri Varasiddhi Vinayaka Swamy Temple, Kanipakam, filed W.V.M.P. No. 2308/2007 to vacate the interim order. Likewise, the 6th respondent filed W.V.M.P. No. 2077/2007 to vacate the interim order. Counter affidavits are filed by R.1, R.2 and a common reply affidavit also was filed by the writ petitioners.4. The learned Counsel on record made elabo...


Nov 20 2007

V. Bhagyalaxmi Vs. V. Rahul Kumar

Court: Andhra Pradesh

Decided on: Nov-20-2007

Reported in: 2008(2)ALD36; 2008(3)ALT32

ORDERGopala Krishna Tamada, J.1. This civil revision petition is directed against the order, dated 20.2.2007 made in IA No. 91 of 2006 in O.P. No. 89 of 2005 on the file of the Family Court, Warangal, whereby, the learned Judge allowed the application filed under Order 6 Rule 17 C.P.C. amending the provision of law as Section 13(1)(ia)(ib) of the Hindu Marriage Act instead of Section 10(x) of the Indian Divorce Act.2. The brief facts of the case are that the husband i.e., the respondent herein instituted O.P. No. 89 of 2005 seeking divorce under Section 10(x) of the Divorce Act, 1869 stating that his wife i.e., the petitioner herein treated him with such cruelty as to cause a reasonable apprehension in his mind that it would be harmful or injurious for him to live with her. Before the trial commenced, the respondent-husband filed the present application seeking amendment of the provision of law as Section 13(1)(ia)(ib) of the Hindu Marriage Act instead of Section 10(x) of the Indian Di...


Nov 20 2007

M. Pandurangaiah and ors. Vs. Land Acquisition Officer-cum-revenue Div ...

Court: Andhra Pradesh

Decided on: Nov-20-2007

Reported in: 2008(2)ALD245; 2008(3)ALT624

ORDERL. Narasimha Reddy, J.1. Petitioners 1 and 2 were the owners of Acs.4-18 gts. of land in Sy. No. 841 and petitioner No. 3 was the owner of Acs.4-27 gts in Sy. No. 842 of Gadwal Revenue Village. The Government acquired an extent of Acs.34-35 gts. of land, including the said two items, for extending the Agricultural Market Yard. Notification, under Section 4(1) of the Land Acquisition Act (for short 'the Act'), was published in the Gazette on 23.9.1985, and other subsequent steps were taken. The Land Acquisition Officer passed an award, dated 21.1.1987, determining the market value, at the rate of Rs. 50,000/- per acre, for the lands in Category-I, and Rs. 45,000/-per acre, for the lands in Category II. Not being satisfied with the market value determined by the Land Acquisition Officer, they sought for Reference under Section 18 of the Act. References were taken up by the Court of Subordinate Judge, Gadwal, as O.P. Nos. 121 and 122 of 1988. The market value was fixed at Rs. 65/- an...


Nov 19 2007

Sri Govind Singh and 6 ors. Vs. the Principal Secretary to Government, ...

Court: Andhra Pradesh

Decided on: Nov-19-2007

Reported in: 2008(1)ALT593

ORDERGopala Krishna Tamada, J.1. This writ petition is filed seeking a Writ of Mandamus declaring the action of the 3rd respondent in forcing the petitioners to surrender the lands as illegal and arbitrary and consequently declare the impugned Memo No. 2013/UCII/84-6 dated 20.10.1998 passed by the 1st respondent as illegal, without jurisdiction and also to declare that the lands held by late Zaidunissa Begum are exempt from Chapter III of the Urban Land (Ceiling and Regulation) Act, 1976 in view of G.O.Ms. No. 733 dated 31.10.1988. 2. The case of the petitioners is that the 1st petitioner purchased an extent of 1953.55 square yards of land situated in Sy. No. 503/B of Attapur village, Hyderbad, under registered sale deeds dated 27.01.1989 and 24.01.1990 from respondent Nos. 4 and 5 (grand-daughters of late Zaidunnissa Begum). Other petitioners have also purchased lands from respondent Nos. 4 and 5 under different registered sale deeds. It is stated that originally late Zaidunissa Begum...


Nov 19 2007

Amaravadi Srinivasa Charyulu Vs. Commissioner of Survey Settlements an ...

Court: Andhra Pradesh

Decided on: Nov-19-2007

Reported in: 2008(3)ALD155; 2008(4)ALT169

ORDERL. Narasimha Reddy, J.1. The petitioner challenges the order, dated 26.9.1989, passed by 2nd respondent and the one dated, 14.11.1995, through which the 1st respondent affirmed the same.2. The petitioner is a resident of Bhadrachalam Village, which was part of an estate. The predecessors in title of the petitioner were holding the lands in Survey No. 95/3 and various sub-divisions of Survey Nos. 122 and 123 of Bhadrachalam, admeasuring about 7.27 hectares. Consequent upon the abolition of estates and enactment of the Andhra Pradesh Scheduled Areas Ryotwari Settlement Regulation 2 of 1970 (for short 'the Regulation'), the petitioner filed an application before the Settlement Officer, 3rd respondent herein, as provided for under Section 9 of the Regulation. Through order, dated 11.7.1979, the 3rd respondent granted patta in respect of 5.66 hectares of land in Survey Nos. 95/3 and 122/2 and 4. However, he rejected the application, insofar as it related to an extent of 1.61 hectares i...


Nov 19 2007

Azmeera Boopathi Nayak Vs. District Collector (Civil Supplies) and ors ...

Court: Andhra Pradesh

Decided on: Nov-19-2007

Reported in: 2008(4)ALD513

ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 2.11.2007. Counter-affidavit is filed by the respondents.2. Heard Sri Venkata Mayur representing Sri B. Vijaysen Reddy, the Counsel for writ petitioner and the learned A.G.P. for Civil Supplies. Sri Venkata Mayur placed strong reliance on the decisions of this Court in G. Rama Murthy v. The District Collector : 1994(2)ALT59 and also M Shashikala v. Collector, Mahaboobnagar and Anr. 1997 (2) ALD 379 and would maintain that in the light of the same, the impugned order cannot be sustained. The learned A.G.P. for Civil Supplies had taken this Court through the contents of the counter-affidavit and would explain under what circumstances, the impugned order was made.3. Heard the Counsel.4. The writ petition is filed for a writ of mandamus declaring the impugned order in proceedings No. C/410/2007, dated 2.5.2007, issued by the 2nd respondent as being illegal, arbitrary and unjust and pleased to pass such other suitable or...


Nov 16 2007

Dasari Pullareddy and anr. Vs. State of A.P. Rep. by Public Prosecutor ...

Court: Andhra Pradesh

Decided on: Nov-16-2007

Reported in: 2008(1)ALD(Cri)213; 2008(1)ALT(Cri)113

G. Yethirajulu, J.1. This Appeal is preferred by the accused in S.C. No. 36 of 2000 on the file of the I Additional Sessions Judge, Kadapa.2. A-1 was charged for the offences under Sections 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') for possessing ganja of 13 bags weighing 130 KGs on 04-01-2000. A-2 was also charged for 20 (a) (1) of the NDPS Act for cultivating ganja plants in the land measuring an extent of Ac.1-40 cents of Pochammareddipalli in Sy. No. 128/2.3. It is alleged by the prosecution that on 04-01-2000 at about 6-30 AM, the Inspector, his men and the mediators went to Pochammareddipalli village and when they were waiting near 'Vanka' towards southern side of the village, at a distance of about 11/2 KM, a double bullock cart loaded with gunny bags was being driven by one person sitting on the cart and another person was following the cart. On seeing the police party, they attempted to run away. The police surrounded and caugh...


Nov 16 2007

The Indian Airport Kamgar Union Rep. by Its General Secretary, G.A. Ru ...

Court: Andhra Pradesh

Decided on: Nov-16-2007

Reported in: 2008(5)ALD36

ORDERP.S. Narayana, J.1. Heard Sri P. Sridhar Rao, the learned Counsel representing the writ petitioner and Sri Bathula Raj Kiran, the learned Counsel representing the first respondent and Sri Madan Mohan Rao, the learned Counsel representing the second respondent.2.Sri Sridhar Rao representing the writ petitioner placed strong reliance on the decision of the Apex Court in Telco Convoy Drivers Mazdoor Sangh and Anr. v. State of Bihar and Ors. : (1989)IILLJ558SC , and would maintain that in the light of the same, the order of rejection is bad in law.3. Sri Bathula Kiran filed a memo before this Court and would maintain that in the light of the facts and circumstances, this Court may make appropriate orders especially in the light of the memo filed by the first respondent.4. Sri Madan Mohan Rao, representing the second respondent had taken this Court through the averments made in the counter affidavit and would submit that this is not a fit case for reference and hence the rejection made...


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