Andhra Pradesh Court February 2007 Judgments
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A.P. Sarpanches Association and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Feb-08-2007
Reported in: AIR2007AP273; 2007(4)ALD783; 2007(5)ALT707
G.S. Singhvi, C.J.1. Whether the Sarpanchas of Gram Panchayats are entitled to participate in the election to the Andhra Pradesh Legislative Council (for short, 'the Legislative Council') as of right is the moot question which arises for determination in this petition filed for striking down Section 4(b) of the Andhra Pradesh Legislative Council Act, 2005 (for short, 'the 2005 Act') and for issue of a mandamus to the respondents to include the Sarpanchas and Gram Sabhas as electors for the local authorities constituency in the Fourth Schedule to the Representation of People Act, 1950 (for short, 'the 1950 Act').2. Petitioner No. 1 is an association of Sarpanchas of different Gram Panchayats of the State of Andhra Pradesh. Petitioner No. 2 is the Sarpanch of Ammenpur Gram Panchayat, Pathancheru Mandal, Medak District. Petitioner No. 3 is the former Sarpanch of Gundlapalli Gram Panchayat, Maddipadu Mandal, Prakasam District and also the Advisor of petitioner No. 1 association. Petitioner...
Chevuru Rajeswaramma @ Sujatha Vs. K. Ananthakrishna Murthy and anr.
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(2)ALD671
G. Chandraiah, J.1. Heard both the Counsel.2. This writ petition is filed seeking a writ of certiorari calling for the records pertaining to the judgment in L.G.A. No. 37/1999 dated 2.11.1999 on the file of Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 at Hyderabad wherein the judgment of the Land Grabbing Special Tribunal cum District Judge, Nellore passed in L.G.O.P. No. 33/ 1990 dated 27.1.1999 was confirmed; and quash the same as illegal and contrary to the law and pass such other order or orders as this Court deems fit and proper in the interest of justice.3. Before adverting to the rival contentions of both parties, we feel it expedient to briefly note the case of the respective parties and the findings of both the Courts below.4. The case of the 1st respondent herein who was the applicant before the Special Tribunal is that the petition schedule property originally belonged to the Government and on 30.5.1970 the Tahsildar, Nellore had assigned the ...
Agrapu Venkatamma Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(3)ALD152; 2007(2)ALT595
ORDERL. Narasimha Reddy, J.1. The petitioner states that she purchased a plot of about 270 Sq. yards in T.S. No. 224 in Srikakulam, through a sale deed, dated 29-08-1969, from one Sri B. Lakshmaiah. She is said to have constructed a building thereon and is living in it. The third respondent, the Inspector Auditor, Wakf Board, Srikakulam, issued a show cause notice, dated 07-04-1997, requiring the petitioner to show cause as to why she shall not be evicted from the said site. According to him, the property was entered in the register maintained by Shavani Mosque and that the petitioner is in illegal possession and enjoyment of the same. On receiving the same, the petitioner submitted an explanation within the stipulated time. Thereafter, the first respondent, the Revenue Divisional Officer, Srikakulam, issued a show cause notice, dated 10-09-1997, stating that he has been informed by the third respondent that the petitioner is an encroacher and was requested by him to recover possession...
Punnam Somalakshmi and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(3)ALD159
ORDERL. Narasimha Reddy, J.1. The first petitioner is the wife of the second petitioner. By the year 1999, they had two daughters and one son. The first petitioner has undergone Tubectomy Operation at Government Primary Health Center, Thorruru, on 27.2.1999. Petitioners 1 and 2 have begotten the third petitioner herein on 17.1.2001, despite the operation. It is stated that the family of petitioners 1 and 2 is very poor and on account of the birth of the third petitioner, they are overburdened, apart from undergoing physical and mental agony. They filed this writ petition with a prayer to award a sum of Rs. 9,00,000/-, as compensation under various heads, against the respondents.2. On behalf of the respondents, a common counter-affidavit is filed. It is stated that as a part of the family planning drive, several Tubectomy and Vasectomy Operations were conducted at the fourth respondent primary health center on 27.2.1999 by well-trained Medical Officers, assisted by trained Para Medical ...
Sri Devi Hotels Private Limited and anr. Vs. the A.P. State Financial ...
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: AIR2007AP182; I(2008)BC309; [2007]138CompCas661(AP)
ORDERGoda Raghuram, J.1. Heard Mr. Y. Vivekananda appearing for the Mr. P. Kamalakar, learned Counsel for the petitioner and Mr. J. Parthasarathi, learned Standing Counsel for the A.P. State Finance Corporation.2. The petitioner claims that the action of the Andhra Pradesh State Finance Corporation ('the Corporation') in calling for sealed tender-cum-bid for the sale of the land and building of the 1st petitioner and the collateral security of land in an extent of 416.66 sq. yds. in Plot No. 10, Subash Nagar, Nizamabad, belonging to the 2nd petitioner, shown at Sl. No. 12 and 24 of the notification dated 20-7-2006, published in the English daily news paper 'The Hindu', is illegal, void and seeks a direction to the respondents to act as per the judgment in W.A. No. 1717 of 2004, dated 8-11-2004.3. This is the third bout of litigation by and on behalf of the 1st petitioner with a view to thwart the efforts of the Corporation to recover its dues.4. The 1st petitioner applied for and was s...
Sri Devi Hotels Private Limited, Rep. by Its Managing Director and anr ...
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(3)ALT446
ORDERGoda Raghuram, J.1. Heard Mr. Y. Vivekananda appearing for Mr. P. Kamalakar, learned Counsel for the petitioner and Mr. J. Pardhasarathi, learned Standing Counsel for the A.P. State Financial Corporation.2. The petitioner claims that the action of the Andhra Pradesh State Finance Corporation ('the Corporation') in calling for sealed tender-cum-bid for the sale of the land and building of the 1st petitioner and the collateral security of land in an extent of 416.66 sq. yds. in Plot No. 10, Subhash Nagar, Nizamabad, belonging to the 2nd petitioner, shown at SI. Nos. 12 and 24 of the notification dated 20-7-2006, published in the English daily news paper 'The Hindu', is illegal, void and seeks a direction to the respondents to act as per the judgment in W.A. No. 1717 of 2004, dated 8-11-2004.3. This is the third bout of litigation by and on behalf of the 1st petitioner with a view to thwart the efforts of the Corporation to recover its dues.4. The 1st petitioner applied for and was s...
Telaga Mahajana Sangham Vs. Registrar, Special Court Under A.P. Land G ...
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(3)ALT544
ORDERT.Ch. Surya Rao, J.1. The petitioner seeks review of the common Judgment dated 23-08-2006 passed by this Court in W.P. No. 19619 of 2001 and batch; and the Judgment dated 30-08-2006 in W.P. No. 22119 of 2002.2. The review petitioner is the second respondent in the batch of writ petitions disposed of by this Court under the impugned Judgments. It is a Society registered under the Societies Registration Act. Claiming that it is the owner of the land in an extent of Ac. 1.87 cents situate in Kothapet, Vijayawada and the respondents 2 to 18 herein and others encroached upon portions of that piece of land, the Society filed LG.O.P. No. 138 of 1984 seeking possession of the land from the grabbers. At the culmination of enquiry, the special Tribunal dismissed the said application. Having been aggrieved by the said Judgment of the Special Tribunal, the Society preferred an appeal in LG.A. No. 11 of 1998 before the Special Court. The special Court by its Judgment dated 10-08-2001 allowed t...
Telaga Mahajana Sangham Vs. the Registrar, the Special Court, Constitu ...
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(3)ALD695
T. Ch. Surya Rao, J.1. The petitioner seeks review of the common judgment dated 23-8-2006 passed by this Court in WP No. 19619 of 2001 and Batch; and the judgment dated 30-8-2006 in WP No. 22119 of 2002.2. The review petitioner is the second respondent in the batch of writ petitions disposed of by this Court under the impugned judgments. It is a Society registered under the Societies Registration Act. Claiming that it is the owner of the land in an extent of Ac.1.87 cents situate in Kothapet, Vijayawada and the Respondents 2 to 18 herein and other encroached upon portions of that piece of land, the Society filed L.G.O.P. No. 138 of 1984 seeking possession of the land from the grabbers. At the culmination of enquiry, the Special Tribunal dismissed the said application. Having been aggrieved by the said judgment of the Special Tribunal, the Society preferred an appeal in L.G.A. No. 11 of 1998 before the Special Court. The Special Court by its judgment dated 10-8-2001 allowed the appeal a...
Thimmaraju Satyanarayana Rao Vs. Secretary, I.L.T.D. Co. Staff Co-oper ...
Court: Andhra Pradesh
Decided on: Feb-07-2007
Reported in: 2007(4)ALT472
P.S. Narayana, J.1. Thimmaraju Satyanarayana Rao, the plaintiff in O.S. No. 317 of 1977 on the file of the 1 Additional District Munsif, Chirala, had preferred the present second appeal.2. The following substantial questions of law were raised in the present second appeal.(a) Whether the judgment of the appellate court is not vitiated for not framing points for determination on relative case of the parties.(b) Whether the appellate court not erred in law in disposing of the appeal without deciding I.A. No. 65/96 filed to receive additional evidence contrary to Order 41 Rule 27 CPC.(c) Whether the courts below have not committed error in law by holding that the civil courts jurisdiction is ousted as hit by Section 61 of the A.P. Co-operative Societies Act, contrary to Section 121 of A.P. Co-operative Societies Act.(d) Whether the findings of the trial court on issues 3 and 4 are not inconsistent to each others to vitiate the judgment and decree.(e) Whether the courts below are not wrong...
P. Vasanth Kumar S/O Ravinder Kumar Vs. the Commissioner of Police
Court: Andhra Pradesh
Decided on: Feb-06-2007
Reported in: 2007(3)ALT136; 2007CriLJ2013
ORDERV. Eswaraiah, J.1. In all these writ petitions, similar questions are involved and therefore, they are disposed of by a common order. 2. The petitioners seek a Writ of Mandamus to declare the inaction of the concerned Station House officers of the Police Stations in not registering the written representations made by them as illegal and arbitrary and to direct them to register cases, investigate the same and file final reports.3. The learned Counsel appearing for the petitioners submit that in spite of making written representations before the concerned Station House Officers, marking copies to the superior police officials, no crime has been registered and the official respondents have failed to discharge their statutory duties and therefore, they seek to issue a writ of mandamus directing the concerned police officials to register the crime and investigate the same.4. On the other hand, the learned Government Pleader for Home appearing for the official respondents submits that t...
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