Andhra Pradesh Court April 2007 Judgments
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Yak Granite Industries Pvt. Ltd. Vs. Authorised Officer-cum-divisional ...
Court: Andhra Pradesh
Decided on: Apr-10-2007
Reported in: 2007(4)ALD584
L. Narasimha Reddy, J.1. The petitioner submitted an application on 22-7-1992 to the Deputy Director of Mines and Geology, for grant of quarry lease, in respect of an extent of Ac.2.45 cents of land in Sy.No. 511/P of Prabhagiripatnam Village, Podalakur Mandal, Nellore District, with an object of extracting coloured granite. Some disputes existed, as to whether the land is part of any reserve forest, or revenue land, vested in the Government. On a clarification sought by the Deputy Director of Mines and Geology, the Divisional Forest Officer, Nellore, issued proceedings dated 11-7-1985, stating that the land does not fall in the reserve forest, and that his department has nothing to do with the land. On the basis of this clarification, the Deputy Director of Mines and Geology granted mining lease in favour of the petitioner, on 12-1-1993. The petitioner was operating the quarry, duly paying the seigniorage fee from time to time.2. The Deputy Forest Range Officer visited the quarry site...
V. Satyanarayana and ors. Vs. Executive Engineer (Housing), A.P. Housi ...
Court: Andhra Pradesh
Decided on: Apr-10-2007
Reported in: 2007(4)ALT465
L. Narasimha Reddy, J.1. The questions involved in both the writ petitions are one and the same. Hence, they are disposed of through common judgment.2. W.P. No. 8256 of 2000 was filed, initially by 12 petitioners. At various stages, petitioner Nos. 1, 3, 4, 6, 7 and 10 have withdrawn. W.P. No. 8963 of 2000 was filed by 4 petitioners, and petitioners 3 and 4 therein, have withdrawn.3. Petitioners are allottees of houses, constructed by the A.P. Housing Board, at Vizianagaram. The allotment was done through drawal of lots, and the allottees were inducted into possession, after the construction was completed. By the time the allottees were inducted into possession, the cost of the buildings was not finally determined. On the basis of tentative cost, arrived at by the respondents, installments were fixed, and the petitioners are paying the same, from time to time. The respondents issued letters of demand dated 11 -03-2000, signed on 12-04-2000, requesting the petitioners to pay the amounts...
Mohammad MaqeenuddIn Ahmed and ors. Vs. State of Andhra Pradesh and an ...
Court: Andhra Pradesh
Decided on: Apr-10-2007
Reported in: 2007CriLJ3361
ORDERG. Yethirajulu, J.1. This Criminal Petition has been filed under Section 482 of Cr. P. C. by the respondents in Domestic Violence Case (DVC) No. 1 of 2006 on the file of the Additional Judicial Magistrate of First. Class, Nizamabad to quash the proceedings against them in the said case.2. The second respondent herein is the lather of the aggrieved person and father-in-law of the first petitioner herein. He filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') read with Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006. The learned Magistrate took cognizance of the case and issued summons to the petitioners. The petitioners filed the present petition to quash the proceedings by contending that the first petitioner filed O. S. No. 112 of 2004 for restitution of the conjugal rights against the daughter of the second respondent and the same is pending for trial. The first petitioner is ready to take b...
Gowtham Residential Junior College and ors. Vs. Commercial Tax Officer ...
Court: Andhra Pradesh
Decided on: Apr-09-2007
Reported in: 2007(4)ALD134; (2009)19VST305(AP)
Bilal Nazki, J. 1. These writ petitions and revisions raise same questions of law and fact and therefore, they are being disposed of by this common judgment.2. Heard learned Counsel for the parties and perused the record. Counter has been filed.3. The controversy is in a very short compass. All the petitioners are private educational institutions and all of these institutions are running hostels for providing boarding and lodging facilities to the inmates of the educational institutions. The purchases of foodstuffs made from unregistered dealers and supplied to the students as food, have been assessed under Section 6-A of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'). The matter went upto the Sales Tax Appellate Tribunal (for short 'the Tribunal'). The Tribunal also decided in favour of Revenue. Therefore, these writ petitions and the revisions.4. The learned Counsel for petitioners submit that as a matter of fact, the primary object of these edu...
Yenduri Dhanushpani (Died) by Lrs. Vs. Yenduri Vittal Ranga and ors.
Court: Andhra Pradesh
Decided on: Apr-09-2007
Reported in: 2007(4)ALD622
G.V. Seethapathy, J.1. This appeal is directed against the judgment and decree dated 9-6-1998 in OS No. 177 of 1991 on the file of Senior Civil Judge, Machilipatnam, wherein the suit filed by the first respondent herein for partition and separate possession and rendition of accounts was decreed granting a preliminary decree declaring that the plaintiff is entitled for 3/32nd share in plaint schedule property and defendants 1 to 3 and defendants 5 to 7 are each entitled for 3/32nd share and defendant No. 4 is entitled for l/4th share besides 3/32nd share and further directing defendant No. 1 to render accounts of the profits received by him.2. The first respondent herein filed the suit with the following averments:The plaintiff and defendants 1 to 3 are the sons and defendants 5 to 7 are the daughters of the fourth defendant. Defendant No. 4 is adopted son of Yenduri Somaiah @ Rama Swamy and his wife Bala Sesha Nancharamma. Somaiah died intestate in 1970 leaving behind defendant No. 4 a...
Ragala Kanakaiah (Died) by Lr Vs. Vasireddy Suryanarayana
Court: Andhra Pradesh
Decided on: Apr-09-2007
Reported in: 2007(5)ALD96
P.S. Narayana, J.1. This appeal is filed by the first defendant as against the decree and judgment made in OS. No. 155 of 1983 on the file of the Court of Subordinate Judge, Machilipatnam, Krishna District. The said appellant died during the pendency of the appeal and appellant No. 2 was brought on record as his legal representative, who is at present prosecuting the present litigation. The respondent is the plaintiff and second defendant is shown as not necessary party to the appeal.2. The facts in brief are as hereunder:The respondent herein-plaintiff instituted OS. No. 155 of 1983 on the file of the Court of Subordinate Judge, Machilipatnam, praying for the relief of specific performance and for other ancillary reliefs. The suit was resisted by filing written statement and after settlement of issues, the learned Judge recorded the evidence of PWs.1 to 6 and DWs.1 to 5 and also marked Exs.A1 to A16 and Exs.B1 to B17 and ultimately came to the conclusion that the respondent herein-pla...
Vemulapalli Ravichandra Vs. Mattampalli Srinivasa Rao
Court: Andhra Pradesh
Decided on: Apr-05-2007
Reported in: AIR2007AP306; 2007(4)ALD485; 2007(4)ALT5
ORDERL. Narasimha Reddy, J.1. The respondent filed O.S. No. 171 of 2006, in the Court of Junior Civil Judge, Huzurnagar, for recovery of certain amount, on the basis of a promissory note. The petitioner was set ex parte, on account of his failure to file the written statement, within the stipulated time, and thereafter, the suit was posted for issues. At that stage, the respondent filed I.A. No. 436 of 2006, under Rule 1 of Order XXXVIII CPC, with a prayer to direct the arrest of the petitioner. It was pleaded that the petitioner is hatching a plan, to transfer all his properties, in the name of third parties, and trying to leave the local limits of the court, for abroad. The petitioner filed a counter affidavit opposing the I.A. He pleaded that he does not have any movable or immovable properties, and the question of transferring the same to third parties does not arise. He denied the allegation that he is trying to leave the local limits of the court. He stated that his two children ...
Genemedix Biological Pvt. Ltd. Vs. K. Narayana Reddy and ors.
Court: Andhra Pradesh
Decided on: Apr-05-2007
Reported in: 2007(4)ALD42
B. Prakash Rao, J.1. Appellant herein is defendant No. 4 who filed this appeal challenging the orders passed on 3-1-2007 in I.A. No. 3978 of 2006 in O.S. No. 459 of 2006 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad allowing the application purported to be filed by respondents 1 and 2 herein who are plaintiffs under Order 39 Rules 1 and 2 read with Section 151 of C.P.C. seeking to grant ad-interim injunction restraining the appellant and also the 3rd respondent herein who are defendants 1 and 4 therein and their men from dispossessing the plaintiffs from the suit schedule property.2. The facts in brief are that in the suit filed by the respondents 1 and 2 herein who sought for declaration that the registered gift settlement deed dated 13-5-2004 in favour of the 1st respondent herein executed by them is invalid and inoperative and also for setting aside the sale deed dated 29-6-2006 executed by the 1st defendant in favour of the appellant herein and cancel th...
Tadem Satish and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-05-2007
Reported in: 2007(4)ALD328; 2007(4)ALT468
ORDERL. Narasimha Reddy, J.1. The petitioners claim to be the Members of the Fishermen Co-operative Society, Pangall Village, Nalgonda District, the third respondent herein. They assail the letter, dated 24.3.2007, issued by the Deputy Director of Fisheries, 4th respondent herein, and seek a consequential direction to the Election Officer, second respondent herein, to permit them to participate in the election, which is scheduled to be held on 19.4.2007. The term of the Managing Committee of the third respondent-Society expired on 28.3.2007. Well in advance, the Election Authority i.e., the first respondent, issued proceedings, dated 6.3.2007 appointing the second respondent as Election Officer and fixing the election programme. A direction was issued, to conduct the election through secret ballot system. Accordingly, the second respondent issued proceedings, dated 14.3.2007 fixing the election programme. He also requested the President of the Society, to furnish the voters' list and o...
D. Appa Rao Vs. Special Officer and Competent Authority, Urban Land Ce ...
Court: Andhra Pradesh
Decided on: Apr-05-2007
Reported in: 2007(4)ALD477; 2007(4)ALT476
ORDERGopala Krishna Tamada, J.1. The petitioner herein seeks a declaration that the gazette notification published at pages 892 and 893 of Andhra Pradesh Gazette Notification No. 25, dated 19-06-1997 and notice issued under Sub-section (5) of Section 10 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'), are illegal, void and violative of G.O.Ms. No. 733 dated 31-10-1988 issued by the Government.2. It is the case of the petitioner that he owned agricultural land admeasuring Ac.1.00 in Sagbowli village and also 700 square yards of land in Shanthinagar, Hyderabad, on which he had constructed a house bearing H. No. 10-2-289/77. After the Act came into effect, the petitioner filed a statement in Form No. 1 under Section 6(1) of the Act, furnishing the details and extent of the land he owned. Subsequently, the Government issued G.O. Ms. No. 136, Revenue, dated 28-01 -1981, formulating a scheme under the Act that the owners, who had excess land than the ceiling limit ...
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