Andhra Pradesh Court February 2007 Judgments
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Government of Andhra Pradesh, Rep. by Secretary, School Education Depa ...
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007(4)ALD209; 2007(3)ALT287
ORDERRamesh Ranganathan, J.1. Repeated attempts by the Government of Andhra Pradesh to bring about a unified cadre of teachers in government, mandal parishad and zilla parishad schools have met with little success. The last such effort, prior to Act 27 of 2005, which met its Waterloo was when the Rules, in G.O.Ms. No. 538 dated 20-11-1998, were declared ultravires the Presidential Order and were quashed by the Division Bench of this Court in M. Kesavulu v. State of A.P. : 2003(6)ALD522 Aggrieved by the order of the Division Bench in M. Kesavulu', the A.P. United Teachers Federation filed S.L.P. Nos. 7496-7510 of 2005 and the Supreme Court, by order dated 25-10-2004, stayed the contempt proceedings initiated pursuant to the order of the Division Bench. The State of A.P. also preferred S.L.P. Nos. 22597-22612 22597-22612 of 2004 and, while granting stay of the contempt proceedings, these S.L.Ps. were directed to be tagged along with S.L.P. Nos. 7496-7510 of 2004. All the S.L.Ps. are stil...
V. Krishnaiah and ors. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007(3)ALD391; 2007(3)ALT720
L. Narasimha Reddy, J.1. The petitioners are the sons of late Venkatanna of Jinnaram Village, Narva Mandal, Mahaboobnagar District. Venkatanna was the owner of Ac.15.35 gts., of land in Sy. No. 96 of that village. On his death, the petitioners herein filed an application dated 8-1-1989 under the provisions of the A.P. Rights in Land and Pattadar Passbook Act, 1971 (for short 'the Act'), and the Rules made thereunder, before the Mandal Revenue Officer, Narva, the 3rd respondent, for grant of succession. After conducting due enquiry, the 3rd respondent sanctioned succession in favour of the petitioners, through his order dated 20-4-1989.2. Respondents 4 and 5 filed an application on 30-6-1989 before the 3rd continued to enjoy substantial rights, of transferor and transferee. Validation of sales of this nature, through agencies, other than civil Courts, was taken up as part of agrarian reforms in the State of Andhra Pradesh. Section 50-B was added to A.P. Telangana Area Tenancy and Agricu...
Sonnapaneni Subba Ramaiah and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007(3)ALD689; 2007(4)ALT125
ORDERL. Narasimha Reddy, J.1. Initially, this writ petition was filed by 8 petitioners. Subsequently, petitioners 9 to 272 were added, through an order of this Court in WPMP No. 31603 of 2005.2. A large size irrigation resource, by name Kaluvoyu Tank (for short 'the tank'), was in existence for the past several centuries, in the present Kalavoyu Mandal of Nellore District, running into several square miles, spread over 2 to 3 villages, in the locality, at the Full Tank Level (FTL), and it has an ayacut of Acs. 1778.00. The surplus wear of the tank is at a height of 79.15 metres from the lowest point. The tank was mainly rain fed. Naturally, the tank was not always at its FTL, and the substantial part of the foreshore area had to surface, for substantial part of the year, either on account of the tank not being full, or due to the use of the water for irrigation.3. Petitioners and their forefathers were granted settlement pattas, over an extent of Acs.520.00, in the foreshore area. The ...
Parapati Garamma (Died) by Lr Vs. Sidapana Ratnalamma
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: AIR2007AP291; 2007(3)ALD769
P.S. Narayana, J.1. Heard Sri G. Hemachalam, learned Counsel representing the legal representatives of the appellant and Sri T. Niranjan Reddy, learned Counsel representing respondent.2. Ground Nos. 2 to 4 in the second appeal are the substantial questions of law, which had been pointed out and argued in elaboration by the Counsel on record. The said substantial questions of law are as hereunder:2. Whether Ex.A-1 agreement of sale executed on insufficient stamp paper worth of Rs. 2/- standing in the name of the third party other than the vendor or vendee is valid in the eye of law for seeking specific performance on the basis of it.3. Whether the lower appellate Court is correct in decreeing the suit for specific performance by drawing adverse interference on the basis of evidence on record.4. Whether the lower appellate Court is correct in decreeing the suit for permanent injunction relying upon the weakness of the defendant in the absence of any documentary evidence adduced by the pl...
Public Prosecutor, High Court of A.P. Vs. ChollangIn Arjuna Rao and an ...
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007CriLJ2690
B. Seshasayana Reddy, J.1. This criminal appeal is directed against the judgment dated 26-8-2003 passed in Sessions Case No. 181 of 2000 on the file of the Assistant Sessions Judge, Ramachandrapuram, East Godavari District, whereby and whereunder the learned Assistant Sessions Judge found A-1 Chollangi Arjunarao alias Arjanna and A-2 Kukkala Srinu not guilty of the offence under Section 376(2)(g), I.P.C. and acquitted them accordingly.2. The prosecution case in brief is:A-2 Chollangi Arjunarao alias Arjanna, A-2 Kukkala Srinu and victim-Gonela Mangalakshmi (PW 1) are residents of Vella village, Ramchandrapuram Mandal. Their houses situate in close proximity with each other. On 25-9-1999 at about 10.00 p.m. the victim-PW 1 went to the panchayat public lavatory situated nearby her house to attend calls of nature. While she was on the way, the accused dragged her into the cattle shed of A-1, which is in front of her house. It is alleged that A-1 and A-2 threatened her at the point of knif...
Polamarasetti Naga Sreenivasarao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007CriLJ2515
A. Gopal Reddy, J.1. The appellant/accused No. 3 preferred this Criminal Appeal questioning the judgment passed by the special Judge to try the offences under N.D.P.S. Act cum Metropolitan Sessions Judge, Visakhapatnam, in S.C. No. 39 of 2001, dated 12-11-2001, whereby he was convicted for the offence punishable under Section 8(c) read with Section 20(b)(i) of the N.D.P.S. Act (for short 'the Act') and sentenced to undergo rigorous imprisonment for three months apart from fine of Rs. 1000/- in default to undergo simple imprisonment for a period of one month.2. The accusation, which led to the conviction of A. 3 is that on 28-7-2001 at about 18.30 hours at Vinayaka Swamy Temple near Krishnanagar, Pendurrthi, he along with A. 1 and A.2 were found in possession of ganja weighing about 50 kgs. in two suit cases and two bags with flowers, stems and fruits while transporting in contravention of Section 8(c) and there by committed an offence punishable under Section 20(b)(i) of the Act. The a...
Nunna Venkateswara Rao Vs. Tota Venkateswara Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007(4)ALD744
V.V.S. Rao, J.1. This second appeal is filed by the second defendant against reversing judgment dated 14-7-1995 in AS No. 42 of 1995 passed by the Subordinate Judge, Kovvur. By the impugned judgment, the first appellate Court reversed the findings of the Court of the Principal District Munsif, Kovvur, in OS No. 782 of 1989 dated 10-3-1995 and decreed the suit filed by the respondents for permanent injunction.2. The brief fact of the matter is as follows. The respondents (hereafter called, the plaintiffs) filed the suit for permanent injunction restraining Nunna Venkatachalam (first defendant), Nunna Venkateswara Rao (second defendant and appellant herein) and Padilam Gangaraju (third defendant) from interfering with possession and enjoyment of the schedule property shown as 'A B C D E F' in the plaint plan, which is a house site admeasuring Ac.0.05 (out of total extent of Acs.4.90) situated at Dippakayalapadu Village of Kowur Taluk in West Godavari District. The plaintiffs alleged that...
Chavali Ranga Reddy Vs. Chavali Sesha Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-28-2007
Reported in: 2007(5)ALD552
V.V.S. Rao, J.1. The fourth defendant is the appellant (hereafter called, the fourth defendant). Respondents 1 and 2 herein filed O.S. No. 224 of 1986 on the file of the Court of the Munsif Magistrate, Kamalapuram, for permanent injunction restraining respondents 3 to 5 herein (hereinafter called, the defendants 1 to 3) from interfering with possession and enjoyment of the suit schedule land and for a declaration that defendants 1 to 3 have no right to sell or deal in any manner the land covered by Panchayat Samithi Road in Survey Nos. 3, 3B, 4, 4/2B, 4/3B and 7 situated at Akkampet Village of Kamalapuram Taluk in Kadapa District. On 3.8.1990, the suit, in which defendants 1 to 3 remained ex parte after filing the written statement, was decreed. The fourth defendant carried the matter to the Court of Subordinate Judge, Proddatur, which dismissed A.S. No. 32 of 1990 on 7.7.1995.2. The land admeasuring Ac.0.12 cents in survey Nos. 4/2B and 4/3B out of an extent of Acs. 1.38 cents of Akka...
Sardar Darshan Singh and ors. Vs. Smt. Surjeeth Kaur
Court: Andhra Pradesh
Decided on: Feb-27-2007
Reported in: AIR2007AP201; 2007(3)ALD459; 2007(3)ALT193
ORDERG. Rohini, J.1. This Revision Petition is directed against the judgment dated 5-8-2005 in I A. No. 750 of 2005 in O.S. No. 40 of 1994 on the file of the Court of the Senior Civil Judge, Kanmnagar.2. The Revision Petitioners are the plaintiffs 2, 4 and 6 in O.S. No. 40 of 1994. The suit was initially filed by the father of the petitioners herein by name Sardar Darshan Singh for cancellation of the registered gift deed dated 3-5-1994 executed by him in favour of the defendant. It was pleaded by him that the gift deed in question was void since the signatures on the document were obtained by the defendant by misrepresentation without revealing the contents of the document by taking advantage of the fact that the plaintiff was aged 90 years and was unable to read the document. The suit was initially decreed ex parte on 7-2-1996. However, on an application made by the defendant, the said ex parte decree was set aside on 22-12-2004 and the suit was reopened. In the meanwhile, the sole p...
Siddhi Vegetable Oil Products and anr. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-27-2007
Reported in: AIR2007AP196; 2007(3)ALD225; 2007(4)ALT130
ORDERL. Narasimha Reddy, J.1. The 1st petitioner is a partnership firm and the 2nd petitioner is one of the partners. The firm established a Small Scale Industry at Thimmapur Village of Kothur Mandal, Mahaboobnagar District, and it was so registered with the Department of Industries. With a view to purchase machinery and construction of buildings and its site, the 1st petitioner approached the 4th respondent bank for sanction of loan of Rs. 7,45,00,000/-. After necessary correspondence and verification, the 4th respondent agreed to sanction the loan, subject to the condition that documents for the property of necessary value shall be deposited as security. Documents of different categories, relating to 21 items of properties, were deposited with the 4th respondent on 1.8.2006. On the next day, a Memorandum of Confirmation of deposit of title deeds was executed by the parties. The same was presented for registration with the 3rd respondent. A Stamp duty of Rs. 1,000/- was paid, by claim...
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