Andhra Pradesh Court August 2007 Judgments
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Anupama Homes India Pvt. Ltd., a Company Incorporated Under the Indian ...
Court: Andhra Pradesh
Decided on: Aug-10-2007
Reported in: 2007(6)ALD145; 2007(6)ALT122
B. Seshasayana Reddy, J. 1. This civil miscellaneous appeal is directed against the order dated 15.05.2007 passed in I.A.No.1353 of 2007 in O.S.No.2218 of 2005 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereby and where under the learned Additional Chief Judge allowed the petition filed by the defendants 2 and 4 (viz., P.Showri Raja and P.Roja Rani) under Order 40, Rule 1 C.P.C. and appointed Sri Rama Sharma Susarla as receiver to take possession of the properties of M/s.Anupama Homes Private Limited, preserve them till the disposal of the suit and allow the conduct of the company affairs in accordance with the arrangements made in C.R.P.Nos.5768, 5792 and 6756 of 2003 as reiterated in C.R.P.No.1481 of 2005. 2. The appellant is the plaintiff and the respondents 1 to 4 herein are the defendants 1 to 4 in O.S.No.2218 of 2005 on the file of II Additional Chief Judge, City Civil Court, Hyderabad. Originally, the suit was filed on the file of the Junior Civil Ju...
Maj. Gen. (Retd.) A.V. Rao Vs. Union of India (Uoi) Rep. by Secretary, ...
Court: Andhra Pradesh
Decided on: Aug-10-2007
Reported in: 2007(6)ALD365; 2007(5)ALT279
ORDERC.V. Ramulu, J.1. This Writ Petition is filed seeking a Mandamus declaring Proceedings No. M/Prov/M/MODP/MNL/1110/2000 and Order No. G1/M/X1/1042/MODP/00, dated 9-8-2000 of the 2nd respondent and letter No. 3023/PPO/2K, dated 12-8-2000 of the 6th respondent as arbitrary, illegal, violative of principles of natural justice and contrary to Articles 14, 16 and 19(1)(g) of the Constitution of India and consequently to direct the respondents to continue to pay the pension to the petitioner every month as per Corrigendum PPO No. M/MODP/33028/99 issued by the 2nd respondent.2. Petitioner joined Indian Army as a Commissioned Officer with effect from 12-6-1960 and rose in ranks to the post of Major General and sought premature retirement with effect from 31-5-1991 to enable him to join as Executive Director in Hindustan Cables Limited. He joined at Hindustan Cables Limited with effect from 1-6-1991. According to him, he had commuted 100% of pension at the time of his appointment in Hindust...
Preet Comforts and Anr. Vs. Commissioner for Workmen's Compensation an ...
Court: Andhra Pradesh
Decided on: Aug-10-2007
Reported in: 2008ACJ2797; 2007(5)ALD824; [2007(115)FLR1015]
ORDERC.V. Ramulu, J.1. This writ petition is filed seeking a mandamus declaring the Order of the 1st respondent passed in W.C. No. 52/99 dated 30-1-2003 and also the Order dated 13-12-2004 in Review Petition No. WC.MP.7/2003, WC.MP.8/2003, WC.MP.9/2003 and WC.MP.10/2003 as arbitrary, illegal and without jurisdiction.2. It appears, petitioners are the Management of Preeti Comforts and Preeti Engineers. Respondents 3 and 4 are the parents of the deceased- Tanuku Vijaya Durga Santa Vara Prasad, who was an employee of the petitioners. While he was travelling during the course of employment in a train, died due to train accident. It appears, parents of the deceased Vara Prasad filed a claim petition in O.A.A. No. 104 of 1999 before Railway Claims Tribunal, Secunderabad against the 2nd respondent. The Railway Claims Tribunal, after full trial passed an Award dated 11-6-1999 directing the 2nd respondent to pay a sum of Rs. 1,50,000/- each to respondents 3 and 4. Thereafter, respondents 3 and ...
Smt. Narbadabai Pitti W/O Late Sri Srinivas Pitti, Vs. Sri B. Narsing ...
Court: Andhra Pradesh
Decided on: Aug-10-2007
Reported in: 2007(6)ALD564; 2008(1)ALT146
ORDERT.Ch. Surya Rao, J.1. The revision petitioners seek to assail the order dated 27.06.2005 passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad, in R.A. No.lof2003.2. The unsuccessful landlords who filed R.C. No. 383 of 2001 seeking eviction of the sole respondent-tenant are the revision petitioners. The eviction was sought under Section 10(3)(a)(iii) of the A.P. Buildings (Lease, Rent and Eviction) Control Act (for brevity 'the Act') on the premise that the demised premises is required for personal occupation bona fide. That was the sole ground under which the eviction was sought for. At the culmination of enquiry and after having heard on either side, the learned Rent Controller by an order dated 26.09.2002 in R.C. No. 383 of 2001 dismissed the petition. Inter alia in the order, the learned Rent Controller was of the view that it was clear in evidence that that the petitioners did not require the above mulgi on bona fide ground and the application was a...
Xerox India Ltd. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-10-2007
Reported in: (2009)23VST141(AP)
ORDERG.S. Singhvi, C.J.1. This petition is essentially directed against order dated November 3, 2006 passed by the Appellate Deputy Commissioner (CT), Secunderabad Division, Hyderabad (respondent No. 3) and consequential demand notice dated July 25, 2007 issued by the Commercial Tax Officer, Basheerbagh Circle, Hyderabad (respondent No. 4) under the Andhra Pradesh Value Added Tax Act, 2005 for payment of tax amounting to Rs. 11,79,078 for the assessment year 2002-03.2. The petitioner is a registered dealer. For the assessment year 2002-2003, respondent No. 4 vide his order dated March 29, 2006 assessed the petitioner and created tax liability of Rs. 26,70,983 and Rs. 3,01,699 under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956, respectively. The petitioner challenged the assessment by filing an appeal along with an application for stay. Respondent No. 3 dismissed the prayer for stay by recording the following order:M/s. Xerox India Limited, Somajigu...
Gontureddy Nageswara Rao @ China Nageswara Rao Vs. the Government of A ...
Court: Andhra Pradesh
Decided on: Aug-09-2007
Reported in: 2007(6)ALD621
ORDERG.V. Seethapathy, J.1. This writ petition is filed challenging the impugned order G.O.Ms.No.3 dated 02.01.2001 passed by the first respondent confirming the orders dated 23.6.1997 of the 2nd respondent in CMA No. 25 of 1994 and directing eviction of the petitioner and ordering resumption of the subject land to the Government.2. The petitioner claims to be the owner and in possession of an extent of Ac.2.46 cents in Survey No. 56/4 and Ac.1.45 cents in Survey No. 51/3 in Sarampetapadu, Addatigala Taluq of East Godavari district situated in scheduled area. According to the petitioner, the said land was in possession and enjoyment of his forefathers since more than 100 years and he himself has been cultivating the same since more than 35 years. The petitioner, who is a non-tribal, claims to have purchased the land from Somisetti Ramayya, Satyanarayana and Veeraswamy sons of Kondayya, who are also non-tribals by an agreement of sale dated 26.12.1969 and subsequently a registered sale ...
Yandapu Satyavati and anr. Vs. Secretary to Government of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Aug-09-2007
Reported in: 2007(5)ALD769; 2007(5)ALT271
ORDERV.V.S. Rao, J.1. This writ petition is filed assailing the order of the Government of Andhra Pradesh in G.O.Ms. No. 92, dated 25.10.2000, whereby and whereunder in exercise of their powers under Section 6 of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 (the Regulation, for brevity), they dismissed the revision petition filed by the petitioners while confirming the orders passed by the second respondent in SRA Nos. 9/92 and 10/92, dated 25.4.2000, which confirmed the ejection orders passed by the Special Deputy Tahsildar (Tribal Welfare), K.R.Puram of Buttaigudem Mandal in West Godavari District (the SDT, for brevity), in SR Nos. 702/90 and 862/90, dated 15.7.1992.2. The petitioners are daughters of late Katari Narayana, who is a non-tribal. He executed registered settlement/gift deed dated 10.12.1957 transferring his property equally to the petitioners. The property is agricultural land admeasuring Acs. 4.39 in R.S. No. 166/1 (for brevity, Item-I), Acs. 3.78 in R.S...
Bondala Reddiyya Vs. Agent to Government/District Collector and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2007
Reported in: 2007(6)ALD165
ORDERV.V.S. Rao, J.1. In this writ petition, order dated 30.4.1999 passed by the Special Deputy Collector (Tribal Welfare), Kota Ramachandra Puram (SDC) - second respondent herein; is challenged as illegal and arbitrary and also seeking an order to set aside the same. The petitioner claims that he is the owner of agricultural land Acs. 3.54 in R.S. No. 22/1, Acs.3.52 in R.S. No. 22/2 and Acs.3.26 in R.S. No. 29 (total extent of Acs. 10.32) situated at Nuthiramannapalem Village of Buttaigudem Mandal in West Godavari District (hereafter called, the petition schedule land). He inherited the property from his mother, Bondala Narasamma. His mother purchased the property under registered sale deed dated 31.10.1957 from Dharanikota Durgamma, who being the only daughter of Bondala Narayana succeeded to it. The property was originally owned by one Pouloju Brahmam @ Brahmaiah of Koya Community, a Scheduled Tribe. He sold the property to one Podium Ramudu, another Scheduled Tribe (Koya). After de...
Kantheti Rama Krishna Vs. Agent to Government and ors.
Court: Andhra Pradesh
Decided on: Aug-09-2007
Reported in: 2007(6)ALD69
ORDERV.V.S. Rao, J.1. Land admeasuring Acs. 81. 14 in Survey Nos. 3/5, 16/1, 16/2, 16/3, 16/4, 16/ 5, 16/6, 19/1, 19/3, 24/2, 24/4 and 24/5 situated at Lothavari Veedhi, H/o. Acheyyapeta Village of Addateegala Mandal in East Godavari District, was absolute property of Lotha Atchi Reddy - a tribal; the predecessor of respondents 3 to 7 herein. Atchi Reddy had obtained loan from Konalova Co-operative Trade Society, Konalova Village (the co-operative society, for brevity) by mortgaging his land. He committed default in repayment. The mortgaged property was auctioned by the co-operative society for realizing the loan amount. Prathipadu Satyam, a resident of Samarlakota, who is a non-tribal, purchased the mortgaged property. The sale was allegedly confirmed by the Deputy Registrar of Co-operative Societies and District Registrar, Kakinada, as a result of which a registered sale deed bearing document No. 413/44 was registered on 4.5,1944. In 1964, Satyam sold the land and registered a sale d...
Vuppuluri Veera Venkata Raju and ors. Vs. Special Deputy Tahsildar, Tr ...
Court: Andhra Pradesh
Decided on: Aug-09-2007
Reported in: 2007(6)ALD292
ORDERV.V.S. Rao, J.1. Petitioners filed the instant writ petition seeking a writ of certiorari to call for the records connected with the orders of the Government - fourth respondent herein; in G.O. Ms. No. 102, dated 16.10.1999, as illegal, arbitrary and without jurisdiction, and consequently declare said proceedings as illegal and without authority. Be it noted by impugned order, the Government in exercise of their revisional powers under Section 6 of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation I of 1970 (the Regulation, for brevity), confirmed the order passed by the third respondent, namely, the District Collector and Agent to the Government, East Godavari District.2. Petitioners are owners of land admeasuring Acs.50.00 in Survey Nos. 108/ 4 and 108/6 situated at Pidathamamidi Village of Gangavaram Mandal in East Godavari District. They allege that their predecessors also purchased land admeasuring Acs.30.88 in Survey Nos. 102/1 and 102/3...
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