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Andhra Pradesh Court February 2007 Judgments

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Feb 23 2007

inspector-auditor, A.P. Wakf Board Vs. Revenue Divisional Officer-cum- ...

Court: Andhra Pradesh

Decided on: Feb-23-2007

Reported in: 2007(4)ALD6

A. Gopal Reddy, J. 1. This is an appeal preferred by the A.P. Wakf Board against the orders of the Senior Civil Judge, Kadiri in O.P. No. 23 of 1996 dated 16-1-2001, rejecting the claim of the Wakf Board and answering the reference holding that the claimants 8 to 11 are entitled to receive compensation for the acquired lands equally between themselves.2. An extent of Ac.3.26 cts. in Sy. No. 407/5 which is the subject-matter of appeal along with Ac.6.00 in Sy. No. 400/A situated at Kutagulla Village, Kadiri Mandal was acquired for providing house sites to the weaker sections. The Revenue Divisional Officer-cum-Land Acquisition Officer through his award No. 5/95-96 dated 9-12-1995 fixed the market value of the acquired land at Rs. 47,000/- per acre. As there was a title dispute between the Wakf Board and the claimants with regard to their entitlement of compensation so awarded, the LAO chooses to refer the matter to the civil Court under Section 30 of the Land Acquisition Act by depositi...


Feb 23 2007

Banne Gandhi and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Decided on: Feb-23-2007

Reported in: 2007(4)ALD374; 2007(4)ALT550

ORDERV.V.S. Rao, J. 1. The petitioners are Villagers of Medipalli Village, Nakkarta Gram Panchayat of Yacharam Mandal in Ranga Reddy District. They filed the instant writ petition challenging the action of the third respondent in assigning Plot Nos. l to 22 of Medipalli Village by proceedings dated 13.9.2005 to respondents 5 to 26 as illegal and arbitrary, and for a direction to set aside the same.2. The case of the petitioners in brief is that the land admeasuring Ac.0.18 guntas is classified as Grama Kantam land. The same vests in the Gram Panchayat, which allotted an extent of Ac.0.18 guntas to the petitioners during the period from 1979-2000 as per the decision of the Sarpanch at the relevant time. However, the third respondent without cancelling the allotment made in favour of the petitioners issued assignment orders in favour of respondents 5 to 26 without issuing any notice to the petitioners. The petitioners filed O.S. No. 129 of 2005 on the file of the Court of the Junior Civi...


Feb 23 2007

Mehek Feed Industries, Rep. by JatIn Thakkar Vs. Amrutlal Kataria and ...

Court: Andhra Pradesh

Decided on: Feb-23-2007

Reported in: AIR2007AP230; 2007(6)ALD610

ORDERP.S. Narayana, J.1. This Court on 27-6-2006 in C.M.A.M.P. No. 646 of 2006 made the following order.Heard learned Counsel for the petitioner and perused the record. In the circumstances, there shall be interim direction to the respondents or their agents or their representatives, not to interfere with the petitioner's peaceful possession and enjoyment of the premises in question, provided the lease is subsisting.C.M.A.M.P. No. 1964 of 2006 was filed to vacate the interim direction. The said application was filed by the third respondent-State Bank of India (hereinafter in short referred to as 'the Bank' for the purpose of convenience). This Court on 8-2-2006 made the said order absolute and directed the Registry to list the matter for final hearing.2. Sri Pratap Narayan Sanghi, learned Counsel representing the appellant, the petitioner in I.A. No. 817 of 2005 in O.S. No. 9 of 2005 on the file of the District Judge. Nizamabad, would maintain that in the light of the registered lease ...


Feb 22 2007

B. Yadagiri Goud Vs. Prohibition and Excise Superintendent/Functional ...

Court: Andhra Pradesh

Decided on: Feb-22-2007

Reported in: 2007(3)ALD7; 2007(4)ALT226

ORDERL. Narasimha Reddy, J.1. The petitioner is one of the founder members of TCS, Ashok Nagar. It was constituted in the year 2000 with 19 members. He challenges the proceedings, dated 8-1-2007, issued by the first respondent, election programme published by the second respondent, on 5-1-2007.2. After formation of the Society, disputes arose as to the election of the Managing Committee. One Committee came to be elected on 10-4-2003. The petitioner and certain others filed O.P. No. 87 of 2003 before the A.P. Co-operative Tribunal, challenging the election. In its order, dated 30-10-2006, the Tribunal allowed the O.P. and had set-aside the election. During the term of the said Committee, respondents 10 to 24 were admitted as members. The petitioner and eleven others raised a dispute, before the first respondent, over the admission of the new members. When the same was not considered, they filed W.P. No. 332 of 2007 before this Court. In compliance with the direction issued by this Court...


Feb 22 2007

Sirikoti Narayana Rao and ors. Vs. A.P. Pollution Control Board, Rep. ...

Court: Andhra Pradesh

Decided on: Feb-22-2007

Reported in: 2007(3)ALT460

ORDERC.V. Nagar Juna Reddy, J. 1. Sirikoti Narayana Rao who claims to be a member of the 'Kalushya Nivarana Sub-Committee' constituted by A.P. Pollution Control Board (for short 'APPCB') along with two others who are residents of C. Rayavaram village of East Godavari District filed this writ petition for writ of mandamus for declaring the inaction of respondents 1 to 4 in controlling the dust emanating from stone crushers run by respondents 5 to 10 as illegal and unconstitutional. The petitioners also sought for a consequential direction to respondents 1 to 4 to take necessary steps including closure of the crushers and to see that the medical expenses incurred are reimbursed as compensation to the residents of the colonies which are affected by running of stone crushers by respondents 5 to 10.2. In the affidavit filed in support of the writ petition it is averred that on account of construction of Eleshwaram reservoir number of families were displaced and they were rehabilitated in C....


Feb 22 2007

Mudidana Chinnababu (Died) and ors. Vs. Budumuru Ananda Rao Naidu (Die ...

Court: Andhra Pradesh

Decided on: Feb-22-2007

Reported in: 2007(4)ALD284

P.S. Narayana, J. 1. On 29.10.1997 this Court made the following order:Admit in view of the substantial question of law raised in grounds Nos. 12(b) and (c)2. The said questions read as hereunder:12(b): Whether the agreement of sale which is not supported by the scribe can be relied upon for granting specific performance ?12(c): Whether an agreement of sale written on stamp papers purchased nearly one year prior to the purported date of execution can be accepted without any explanation forthcoming from the plaintiff ?This Court also granted interim stay in CMP No. l2153 of l997.3. Sri Subba Reddy, representing Sri V.L.N.G.K Murthy, the learned Counsel for the appellants had pointed out that though the second appeal was admitted on the questions referred to supra, there is yet another important question, which had been shown in ground No. l2(a) and this being a substantial question of law, the same may also be considered by this Court. The said question is as hereunder:12(a): Whether th...


Feb 22 2007

Rachala Bichamma and ors. Vs. Abdul Hakeem and ors.

Court: Andhra Pradesh

Decided on: Feb-22-2007

Reported in: 2008ACJ1323; 2007(4)ALT344

G.V. Seethapathy, J.1. This appeal is directed, against order dated 22-9-1989 in O.P. No. 242 of 1986 on the file of Motor Accidents Claims Tribunal-cum-Additional District Judge, Mahabubnagar (for short, 'the tribunal') wherein the claim of the appellants for compensation was dismissed.2. The appellants herein filed the claim application before the tribunal seeking compensation of Rs. 50,000/- on account of death of the deceased Sudhakar Reddy, husband of the first claimant and father of claimants 2 to 4, who died in a motor vehicle accident that occurred on 27-5-1986. According to the claimants, on that day, the deceased was engaged by one Pasha of Shadnagar to transport bulls and cows to Hyderabad and the deceased travelled along with the cattle in the lorry ABT 795 and at about 4 a.m., the deceased fell from the lorry and died on the spot near Bhoothpur village due to rash and negligent driving of the lorry by its driver, the first respondent herein. A case in Crime No. 45 of 1986 ...


Feb 21 2007

Gaddam Bheemaiah and ors. Vs. Joint Collector and ors.

Court: Andhra Pradesh

Decided on: Feb-21-2007

Reported in: 2007(3)ALD672; 2007(3)ALT203

ORDERG. Yethirajulu, J.1. This Civil Revision Petition has been preferred by the appellants against the Proceedings of the Joint Collector, Adilabad, vide Proceeding No. D4/TA/2/97, dated 20-6-1998 and Proceeding No. D4/1001/88, dated 15-11-1988 under the provisions of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act)2. The Joint Collector passed an order on 20-6-1998 against the order of the Mandal Revenue Officer, Manchieral dated 6-10-1990 and he passed another order on 15-11 -1988 on the representation made by the Management of the Zilla Panshad High School, Mancherial. A certificate of ownership Under Section 38-E of the Act was issued in favour of Gaddam Durgaiah, s/o. Bhumaiah, the father of the revision petitioners in respect of an extent of Ac. 13.02 guntas of land in Survey No. 92, Ac.1.02 guntasof land in Survey No. 93 and 28 guntas of land in Survey No. 95 In the year 1990. the Mandal Revenue Officer has issued a show cause notice...


Feb 21 2007

Qualified Teacher of Recognized Private Unaided Educational Institutio ...

Court: Andhra Pradesh

Decided on: Feb-21-2007

Reported in: 2007(3)ALD272

ORDERL. Narasimha Reddy, J.1. The A.P. Legislative Council, which was dispensed with about two decades ago, was revived in the recent past, through necessary resolutions of the A.P. State Legislative Assembly and the Parliament. The preparatory steps for the purpose of elections to the Council have been initiated. Electoral lists for the respective constituencies, such as, Representatives of the Local Bodies, Teachers and Graduates, are to be prepared. No exercise worth its name, in the matter of preparation of lists, for the election of Members of Council by the Members of Legislative Assembly, or by nomination by the Governor, becomes necessary. Out of 90 seats, 8 are to be filled, through the election of candidates by teachers. This writ petition relates to the preparation of voters' lists for the 8 Teachers' Constituencies. Out of the 8 seats, one is allotted to the 3 Districts of Mahaboobnagar, Ranga Reddy and Hyderabad.2. The 1st petitioner is a representative body and petitioner...


Feb 21 2007

Addanki Adilakshmamma and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Decided on: Feb-21-2007

Reported in: 2007(3)ALD398; 2007(3)ALT245

G. Bhavani Prasad, J.1. Aggrieved by the dismissal of I.A. No. 552 of 2002 in O.S. No. 261 of 1999 filed under Order VI1 Rules 10 and ll(d) and Section 151 of the Code of Civil Procedure to reject the plaint, by an order dated 7-2-2005 of the Principal Junior Civil Judge, Addanki, the petitioners therein/Defendants 1 and 2 in the suit filed Civil Revision Petition No. 1405 of 2006, while the legal representatives of Defendants 3 and 4, and the 5th defendant in the suit filed Civil Revision Petition No. 1602 of 2005.2. The facts leading to the revision petitions are that the plaintiff filed O.S. No. 261 of 1999 claiming that she and her husband encroached upon about Ac. 0-01 cent in T.S. No. 1038 of Addanki Gram Panchayat covered by the plaint schedule in 1982, put up a thatched shed and were living therein, selling beedies, cigarettes, cool drinks, etc., in the road margin. While in uninterrupted possession and enjoyment, Paladugu Narayana, the husband of the plaintiff, approached the ...


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