Andhra Pradesh Court July 2007 Judgments
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Krishnamma and anr. Vs. P. Subramanyam Reddy and anr.
Court: Andhra Pradesh
Decided on: Jul-03-2007
Reported in: 2007(6)ALD805
P.S. Narayana, J.1. The appellants are the plaintiffs, the original plaintiff in O.S. No. 61/82 on the file of Principal Subordinate Judge, Chittoor and the plaintiff's transferee. The respondents are defendants in the said suit O.S. No. 61 of 1982 on the file of Principal Subordinate Judge, Chittoor. The suit was instituted by Krishnamma, the original plaintiff, as an indigent person claiming partition of the plaint A, B and C Schedule properties into two equal shares and for separate possession of one such share. The 2nd defendant was brought on record as per orders in I.A. No. 145 of 1985 dated 14.6.1985. The 1st and 2nd defendants who are the respondents in this Appeal had put in separate written statements and the learned Principal Subordinate Judge, Chittoor having settled the issues, recorded the evidence of P.Ws. 1 to 5, DWs. 1 to 15, marked Ex. A-1, Exs. B-1 to B-37 and ultimately came to the conclusion that the 1st appellant/plaintiff is not entitled to the reliefs prayed for...
M.C. Jena Vs. the Commandant, Central Industrial Security Force Unit a ...
Court: Andhra Pradesh
Decided on: Jul-03-2007
Reported in: 2008(1)ALD317; 2008(1)ALT733
ORDERG.S. Singhvi, C.J.1. Whether the punishment of removal from service imposed on the petitioner, who was then holding the post of Head Constable/Driver in the Central Industrial Security Force (CISF) and was found guilty of not carrying out the transfer order passed by the competent authority, is vitiated due to violation of the rules of natural justice or is shockingly disproportionate and calls for interference under Article 226 of the Constitution is the question which arises for determination in this petition.2. The petitioner joined service as Head Constable/Driver in CISF on 2.2.1988. While he was serving in CISF Unit, Visakhapatnam Steel Plant at Visakhapatnam, Deputy Inspector General, South Zone, Chennai (respondent No. 3 herein) vide his order dated 26.5.1998 transferred the petitioner to CISF Unit, RSTPS, Ramagundam, Karimnagar District. On 8.6.1998, movement order was issued requiring the petitioner to join at Ramagundam. After availing the joining time and 20 days sanct...
P. Mohan Rao Vs. P. Vijayalaxmi
Court: Andhra Pradesh
Decided on: Jul-03-2007
Reported in: 2007(5)ALT19
D.S.R. Varma, J.1. Heard both sides.2. Since both these appeals are interrelated and arise out of the common order and decrees, they are being disposed of by this common judgment.3. The appeals C.M.A. No. 3773 of 2004 and A.S. No. 3602 of 2004 are directed against the common order and decrees, dated 18-08-2004, passed by the Judge, Family Court, Hyderabad, in O.P. No. 764 of 2002 and O.S. No. 74 of 2002, respectively.4. By the impugned common order, the Court below dismissed O.P. No. 764 of 2002, filed by the husband seeking to grant a decree of divorce, and decreed the suit O.S. No. 74 of 2002, filed by the wife, in part directing the husband to pay a sum of Rs. 2,000/- per month towards maintenance to the wife from the date of filling of the suit.5. Appellant is the husband and the respondent is the wife in both the appeals.6. For the sake of convenience, in this common judgment, the appellant and the respondent will be referred to as 'the husband' and 'the wife', respectively.7. The...
Rasumalla Yellaiah and ors. Vs. Chief Commissioner, Land and Administr ...
Court: Andhra Pradesh
Decided on: Jul-03-2007
Reported in: 2007(5)ALD474; 2007(5)ALT215
P.S. Narayana, J.CMA MP No. 1062 of 20071. The application is filed to expedite the hearing of CMA No. 68 of 2005. The application is ordered and the matter is taken up for hearing.CMA No. 68 of 20052. Heard Sri Suresh Shiv Sagar, learned Counsel representing the appellants and the learned Assistant Government Pleader for Arbitration, representing the respondents.3. The Civil Miscellaneous Appeal is filed as against an order dated 8.9.2004 made in OS (SR) No. 7153 of 2004 on the file of the Principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar.4. The appellants as plaintiffs instituted the said suit for declaration that they are the absolute owners and title holders of the plaint schedule property by virtue of adverse possession. The plaint was rejected under Order 7 Rule 11 (a) and (d) of the Code of Civil Procedure, hereinafter in short referred to as 'Code' for the purpose of convenience', on the ground that the plaint does not disclose any cause of action for declaration...
Forest Range Officer, Sanipaya Range Vs. V. Kamala Kannan and anr.
Court: Andhra Pradesh
Decided on: Jul-03-2007
Reported in: 2007(5)ALD494
ORDERL. Narasimha Reddy, J. 1. The Forest Range Officer, Sanipaya Range of Kadapa District filed this writ petition challenging the order, dated 18.7.1998, passed by the Court of the District Judge, Kadapa in CM.A. No. 16 of 1997.2. The facts that led to the filing of this writ petition are as under:3. The petitioner and his team got an information that smuggling of red sanders was taking place in the surroundings of Veeraballi Beat and Gadikota Reserve Forest in his range and they held a watch on the intervening night of 3rd and 4th of August, 1985. At 4.00 a.m., a lorry bearing No. PYP-985 was intercepted. Ten persons, who are in the lorry, are said to have fled away under the cover of darkness. 214 red sanders weighing 5333 Kgs., were found in the lorry. The lorry and red sanders were seized under the cover of a panchanama.4. The first respondent, the lorry owner, filed W.P. No. 9688 of 1995 claiming the relief of release of the lorry. The lorry was directed to be released, on furni...
Dodda Narsimhaiah Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Jul-02-2007
Reported in: 2007(5)ALD191
ORDERL. Narasimha Reddy, J.1. The petitioner is the owner of agricultural land admeasuring Ac.2.40 cents in Survey Nos. 499-5B and 519-1B of Ratnagiri Village of Rolla Mandal, Anantapur District. The District Collector, Anantapur, the first respondent herein, issued notification, dated 28.11.1997, under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') proposing to acquire the said land. The petitioner challenges the same, stating inter alia that he is a resident of Baddi Halli Village of Karnataka State and that he has not been served with any notice, at any stage of the proceedings. He further contends that there are suitable Government lands in the Village to provide house-sites and that the present acquisition is contrary to the guidelines issued by the Government in this regard. Several other contentions are also raised.2. On behalf of the respondents, a counter-affidavit is filed. It is stated that the notice issued under Section 4(1) of the Act was published i...
B. Srinivasulu @ Srinivasachari Vs. Mrs. Veena Kumari @ Lathasree
Court: Andhra Pradesh
Decided on: Jul-02-2007
Reported in: AIR2008AP20; 2007(5)ALD606; 2007(5)ALT382; I(2008)DMC66
D.S.R. Varma, J.1. Heard both sides.2. All the four appeals are closely intertwined, hence they are being disposed of by this common judgment.3. The appeal C.M.A. No. 1103 of 2003 is directed against the order and decree, dated 13-11-2002, passed by the Judge, Family Court, Hyderabad in dismissing O.P. No. 8 of 1999 filed by the petitioner therein (husband) seeking to dissolve the marriage held between him and the respondent (wife) on 24-4-1994 by a decree of divorce.4. The appeal F.C.A. No. 58 of 2007 is directed against the common order and decree, dated 28-12-2006, passed by the Judge, Family Court, Hyderabad in allowing F.C.O.P. No. 753 of 2004 (along with F.C.O.P. No. 752 of 2004) directing the respondent (husband) to pay a sum of Rs. 1,68,000/- to the petitioner (wife) together with interest at the rate of 6 (six) percent per annum from the date of petition.5. The appeal F.C.A. No. 59 of 2007 is directed against the common order and decree, dated 28-12-2006, passed by the Judge, ...
Fishermen Co-operative Society, Mellacheruvu Village and Mandal Vs. Co ...
Court: Andhra Pradesh
Decided on: Jul-02-2007
Reported in: 2007(5)ALD454
ORDERL. Narasimha Reddy, J. 1. The petitioner challenges the order dated 15-3-2007 passed by the A.P. Co-operative Tribunal, Warangal, in O.P. No. 1 of 2006. Respondents 2 to 54 (for short 'the respondents') filed O.P., questioning the legality of the election, held to the Managing Committee of the petitioner-society, on 21-12-2005. Through the order, challenged in the writ petition, the Tribunal allowed the O.P., and had set aside the election.2. The term of the previous Committee, elected on 22-5-2000; expired on 21-5-2005. Elections to the Managing Committee could not be held before the expiry of the term. Thereafter, a Person-in-charge was appointed. Ultimately, the elections were held on 21-12-2005. The respondents pleaded that all of them figured as voters in the voters' list, prepared for the previous elections, and the Persons-in-charge Committee, which held the office between 21-5-2005 and 21-12-2005, had effected unauthorized and illegal alterations and deleted their names. E...
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