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Andhra Pradesh Court April 2007 Judgments

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Apr 16 2007

Kallepally Krishnam Raju Vs. Commissioner and Inspector General of Reg ...

Court: Andhra Pradesh

Decided on: Apr-16-2007

Reported in: 2007(4)ALD523

ORDERGopala Krishna Tamada, J.1. This writ petition is filed seeking a mandamus declaring the impugned order dated 21.1.1999 passed by the first respondent and the demand notice dated 8.2.1999 issued by the second respondent as arbitrary and illegal.2. It is the case of the petitioner that himself and four others entered into partnership in the name and style of 'Sri Ganesh Gayathree Gruha Nirman' to carry on the business of real estate. The petitioner got 50 per cent share in the said firm and has contributed his house site admeasuring 843 square yards situated in Kakinada Municipality in T.S.No. 17, towards his share in the firm, and a partnership deed, dated 29.7.1995, to that effect was executed, and registered. However, the second respondent issued a demand notice dated 5.8.1996 to the petitioner demanding him to pay the stamp duty to a tune of Rs. 81,822.50 construing the said partnership deed as sale deed and also fixing the value of the site at Rs. 6,81,650/-. Pursuant to that ...


Apr 13 2007

Chirala Rate Payers and Civic Amenities Association Vs. Chirala Munici ...

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: AIR2007AP249; 2007(4)ALD458; 2007(4)ALT1

ORDERA. Gopal Reddy, J.1. The Chirala Rate Payers and Civic Amenities Association, Chirala represented by its Vice-President, Grandhi Chenchaiah filed this revision petition under Section 115 CPC for revising the Judgment passed by the Senior Civil Judge, Chirala dated 9-10-2006 in CMA No. 6/2006, confirming the judgment passed by the Principal Junior Civil Judge, Chirala dated 10-4-2006 in O.S. No. 486/2002,.returning the plaint for presentation in a proper court as the court will not have pecuniary jurisdiction to try the suit.2. The petitioner herein, namely, Chirala Rate Papers' and Civic Amenities Association, Chirala, (for short 'the petitioner-Association') is the plaintiff in the suit. It filed the above suit O.S. No. 486/2002 before the Principal Junior Civil Judge, Chirala against the respondent herein, namely, Chirala Municipality, questioning the validity of house tax assessment and to declare demand notices issued in the month of March to the members of the Association are...


Apr 13 2007

J. Jayalalitha Vs. State of A.P., Rep. by Secretary, Revenue Departmen ...

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(4)ALT450

ORDERV.V.S. Rao, J.1. M/s. Natya Kala Niketan, a partnership firm, at 8/1 Siva Gnanam Road, T. Nagar, Madras - 17, had purchased an extent of Ac.3.20 gts in survey No. 93/voo and an extent of Acs. 1.15 gts in survey No. 93/ru situated at Pet Basheerabad village of Medchal Mandal in Ranga Reddy District under a registered sale deed dated 07-6-1968 from M/s.Cherukuru Suryanarayana Raju, Radha Krishna Raju, Venkata Vijaya Rama Raju and Venkata Ravi Prasada Raju. Under the same sale deed, the said firm purchased another extent of Acs.4.00 in survey No. 52/A situated at Jeedimetla village. The said firm also purchased an extent of Acs.3.15 gts in survey No. 93/ee situated at Pet Basheerabad village under registered sale deed from M/s.Kummari Durgaiah and Kummari Balaiah. Be it noted that the petitioner and her mother were the two partners of M/s. Natya Kala Niketan. After expiry of her mother on 02-11-1971, by necessary mutation proceedings, petitioner was recorded in the revenue accounts a...


Apr 13 2007

K.H.A. Swamy Vs. Depot Manager, Apsrtc and anr.

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(4)ALD597

ORDERRamesh Ranganathan, J.1. Repeated proclamation of concern, and lofty statements of having taken adequate measures to ensure safe driving by its drivers, notwithstanding, the present case best illustrates the apathy and indifference of the A.P.S.R.T.C. to the plight of pedestrians.2. For rash and negligent driving, which resulted in the death of a pedestrian on the accident spot, a criminal case was instituted and disciplinary proceedings held against the petitioner. While he was found guilty of misconduct in the departmental enquiry, and imposed the punishment of removal from service, he was acquitted in the criminal case. The challenge to the order of removal from service resulted in the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad directing his reinstatement with continuity of service but without back wages. Curiously, the Respondent A.P. State Road Transport Corporation has permitted the Award of the Additional Industrial Tribunal-cum-Additional Labour ...


Apr 13 2007

D. Rajamani Reddy and ors. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(4)ALD817; 2007(6)ALT27

ORDERV.V.S. Rao, J.1. This writ petition seeks writ of quo warranto against sixth respondent herein to disclose the authority under which he is holding office of Sarpanch of Thiruchanoor Gram Panchayat and for a further direction to vacate the office of the Sarpanch. As an alternative relief, petitioners seek an order from this Court to remove sixth respondent from the office of the Sarpanch.2. The petitioners 1 to 4, 6, 7 and 9 statedly belong to Backward Classes (BCs). In the elections conducted for the office of the Sarpanch (reserved for BCs) of Thiruchanoor, under supervision of sixth respondent on 29.7.2006, the petitioners 7, 8, sixth respondent and three others contested election. The sixth respondent was declared elected. The sixth respondent claimed to be a candidate belonging to BC-A, i.e., 'Vannereddy', recognized as BC in the State of Andhra Pradesh. The petitioners allege that sixth respondent hails from Tamil Nadu and belongs to Naikkar caste, which is not one of the cla...


Apr 13 2007

Godavarthi Ramakrishna Rao and anr. Vs. B. Sitaramachandra Raju (Died) ...

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(4)ALD760; 2007(4)ALT784

P.S. Narayana, J.1. Introductory Facts: This appeal is preferred by defendants 2 and 3 as against the decree and judgment made in OS No. 46 of 1985 on the file of the Principal Subordinate Judge, Visakhapatnam.2. The plaintiff is the 1st respondent in the appeal and inasmuch as the plaintiff died, his legal representatives-respondents 3 to 5 were brought on record. The 2nd respondent in the appeal is the 1st defendant in the suit.3. The deceased-plaintiff instituted the said suit OS No. 46 of 1985, referred to supra, praying for the relief of specific performance of the agreement of sale in relation to the plaint schedule property dated 20-5-1984 executed by the 1st defendant in his favour and in alternative further prayed for the refund of the advance amount of Rs. 90,000/- and also for damages and also for certain other ancillary reliefs.4. On the strength of the respective pleadings of the parties and having settled the issues, the learned Principal Subordinate Judge, Viskhapatnam, ...


Apr 13 2007

B. Raghurami Reddy Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(5)ALD134

ORDERV.V.S. Rao, J.1. The petitioner by quoting Rs.32,000/- became highest bidder in the auction conducted by the fourth respondent in October 2005 for leasing out fishing rights in Devaracheruvu tank, for one year. He alleges that he spent Rs.5.00 lakhs for fish seed besides another Rs.5.00 lakhs for developing the fish in the tank. Fish was to be harvested in June 2006, but he cannot do, due to heavy inflows into Papagni river, resulting in higher water levels in the tank. He approached fourth respondent for extension of lease for a period of five years. The Gram Panchayat passed resolution on 18.5.2006 extending lease for 1416 Fasli subject to enhancement by 10% over and above the auction amount. The petitioner stated1y paid Rs.35,200/- on 12.7.2006. When the fourth respondent sought confirmation from the second respondent, the matter was kept pending. The petitioner filed W.P. No. 19412 of 2006 seeking a direction to second respondent to confirm the extension of lease resolved by t...


Apr 13 2007

Divisional Manager, Oriental Insurance Co. Ltd. Vs. G. Roshanna and an ...

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(5)ALD261

G.V. Seethapathy, J.1. This appeal is directed against the order dated 27.2.2002 in MVOP No. 421 of 1999 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), (for short 'Tribunal') Kumool, wherein the claim of the first respondent herein was allowed in part awarding compensation of Rs. 54,272/- with interest at 9% per annum from the date of petition.2. The first respondent-claimant herein filed claim application before the Tribunal claiming compensation of Rs. 2,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 8.3.1999. According to the claimant on that day he was proceeding in the lorry bearing No. ADQ 7155 to go to Gouraram Village on Rajiv National Highway and another lorry bearing No. AP 23 T 8388 came in the opposite direction and the lorry ADQ 7155 in which he was travelling, dashed against the opposite lorry due to rash and negligent driving by its driver, resulting in multiple injuries including fracture of lef...


Apr 13 2007

Safia Sulthana and ors. Vs. Sudhakar Polymers Ltd. and anr.

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(5)ALD476

G.V. Seethapathy, J. 1. This appeal is directed against the order dated 10-5-2002 in O.P. No. 1190 of 2000 on the file of the Chairman Motor Accidents Claims Tribunal-cum Prl. District Judge, Nalgonda wherein the claim of the appellants was allowed in part awarding compensation of Rs. 4,01,600/- with interest at 9% per annum from the date of the petition.2. The appellants filed claim application before the Tribunal seeking compensation of Rs. 10,00,000/- on account of death of the deceased Samad Razvi husband of the 1st claimant and father of claimants Nos. 2 to 5 who died in motor vehicle accident that occurred on 14-4-2000. According to the claimants on the fateful day of the accident the deceased and his friend were going for morning walk at Deverkonda-Nalgonda Road and at that time a lorry bearing No. AP-24-T-6675 F came from behind driven in rash and negligent manner and dashed against the deceased, as a result of which the deceased died on the spot. It is further pleaded that the...


Apr 13 2007

Ch. Venkaiah (Died) Per L.Rs. Vs. Government of A.P. Rep. by Principal ...

Court: Andhra Pradesh

Decided on: Apr-13-2007

Reported in: 2007(6)ALT436

ORDERGopala Krishna Tamada, J.1. This writ petition is filed seeking quashing of the Memo No. 883/UC.III/2/86-32 dated 15-09-1997 issued by the 1st respondent.2. Brief facts of the case are that the 1st petitioner-Ch. Venkaiah filed a declaration under Section 6(1) of the Urban Land (Ceiling and Regulation) Act 1976 (for short 'the Act') declaring that(1) he owns 474.75 square metres with a dwelling unit(2) An extent of 138.17 square metres covered by a motor garage situated in municipal ward No. 26 in NTS No. 792/2, Suryaraopet, Vijayawada and in municipal ward No. 26, N.T.S. No. 788, Suryaraopet, Vijayawada respectively(3) 414.72 square metres of vacant land situate in ward No. 27 of Machavaram village within the Vijayawada Urban Agglomeration and(4) An extent of 1672.26 square metres covered by S. No. 485 bearing plot Nos. 5, 6, 27 and 28 of block No. 'G' XX situated at Gunadala, popularly known as 'Jawahar Autonagar Industrial Estate, which was allotted and subsequently sold by the...


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