Andhra Pradesh Court December 2008 Judgments
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The Sub-registrar and anr. Vs. K. Guravaiah S/O Chalamaiah and anr.
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: 2009(3)ALT85
Anil R. Dave, C.J.1. This appeal is filed by respondent Nos. 1 and 2 in Writ Petition No. 14750 of 2007 questioning the order dated 26.7.2007 passed by the learned Single Judge. By virtue of the said order, the writ petition filed by the petitioner has been allowed and it has been directed that the properties purchased by the petitioner shall not be treated as assigned lands and the first respondent (appellant No. 1 herein) shall process the documents presented for transfer of title in accordance with law.2. For the sake of convenience, parties to the litigation have been described as arrayed in the petition.3. The facts of the case in a nutshell are that the petitioner had purchased the lands bearing Sy. No. 137/2 admeasuring Ac.3.76 cents; Sy. No. 137/3 admeasuring Ac.1.17 cents, totally admeasuring Ac.6.63 cents situated in Udamalapadu Village, Srikalahasti Mandal, Chittoor District in a public auction conducted by District Co-operative Central Bank, Chittoor (for short, 'the bank')...
K. Kanakaraj S/O. K. Tukaram Vs. the Institute of Chartered Financial ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: 2009(2)ALT323
ORDERN.V. Ramana, J.1. The petitioners state that respondent No. 2, namely The Alpha Foundation, is a Department of respondent No. 1, namely The Institute of Chartered Financial Analysts of India (ICFAI), which is an educational society established under the ICFAI University Act. They further state that respondent No. 1-ICFAI, apart from imparting university education, also runs schools for imparting formal education to the down trodden in the name and style of 'ICFAI Republic Schools' in several states, including the State of Andhra Pradesh, and that all these schools are recognized by the Government of Andhra Pradesh under the A.P. Education Act, 1982 (hereinafter referred to as 'the Education Act'). That respondent No. 2, which is a Department of respondent No. 1, looks after the day-to-day management of the said schools. Respondent No. 2 entered into a Memorandum of Understanding with the Government of Andhra Pradesh under public-private partnership programme.2. Respondent No. 2 co...
Sri V. Narayana Reddy S/O. Late V. Shiva Reddy Vs. Smt. Ani Narayanan ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: AIR2009AP124; 2009(4)ALT9
ORDERN.V. Ramana, J.1. This C.R.P. is directed against (he order dated 13.12.2007, passed by the Principal Junior Civil Judge, Ranga Reddy District, dismissing the application in I.A. No. 4040 of 2007 in O.S. No. 1500 of 2002, filed by the petitioner seeking to get himself impleaded as plaintiff No. 2 in the suit and all interlocutory applications, on the ground that he is a proper and necessary party, and permit necessary amendments.2. The petitioner filed the present application seeking to implead himself as plaintiff No. 2 inter alia stating that the plaintiff originally filed the suit for perpetual injunction against the defendant-respondent No. 2 with respect to the suit schedule property on 11.10.2002 and continued to prosecute the same. That the plaintiff-respondent No. 1, is a senior citizen aged about 75 years and is now permanently settled in Chennai. He states that he had advanced hand loan of Rs. 25,00,000/- to the plaintiff-respondent No. 1, which she agreed to repay after...
Kalavakuru Washermen Co-operative Society Ltd. Rep. by Its In-charge P ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: 2009(2)ALT359
ORDERRamesh Ranganathan, J.1. The petitioner, a washerman co-operative society, invoked this court's jurisdiction, in W.P. No. 14932 of 2008, to declare the public auction notice dated 23.6.2008 issued by the 3rd respondent - Gram Panchayat for leasehold rights of fishing in respect of the tank in Sy.No. 138 situated at Kalvakuru village of Addanki Mandal, Prakasam District for the years 2008-09 to 2010-11, as arbitrary and illegal and for a direction to the respondents to grant leasehold rights in its favour for the said period. W.P. No. 26197 of 2008 is filed by the very same society to declare resolution No.4 dated 9.10.2006 of the 3rd respondent as arbitrary, illegal, contrary to Section 81 of the A.P. Panchayat Raj Act, 1994, in violation of principles of natural justice and for a consequential direction to set aside the same.2. Facts, in brief, are that the petitioner was formed in the year 1996 under the A.P. Co-operative Societies Act, 1964. The 3rd respondent-gram panchayat, i...
Poojar Gururajachar and ors. Vs. State of Andhra Pradesh Rep. by Its S ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: 2009(2)ALT736
ORDERN.V. Ramana, J.1. The petitioners are Archakas in Sri Raghavendra Swamy Moola Brundavanam of Sri Raghavendra Swamy Mutt, Mantralayam (hereinafter referred to as 'the Mutt'). They filed the writ petition questioning the notice dated 22.11.2008, issued by respondent No. 4-Mutt as being arbitrary, illegal, irrational, unjust and violative of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the provisions of Section 34(3) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as 'the Endowments Act') and contrary to the well established customary rights.2. The learned Counsel for the petitioners submitted that the petitioners are hereditary Archakas in the Mutt. According to him, the hereditary rights of Archakas, which stood abolished by virtue of Section 34(1) of the Endowments Act, are not (sic. are) sought to be restored by adding Sub-section (3) to Section 34 of the Endowments Act by Act 33 of 200...
Tirumala Venkata Reddaiah Chowdary and anr. Minors Rep. by Mother Smt. ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: AIR2009AP166; 2009(3)ALT18
ORDERN.V. Ramana, J.1. The petitioners, who are minors, are represented by their mother and natural guardian. The petitioners' mother, who had sworn to the affidavit filed in support of the writ petition states that the petitioners succeeded to the property in question from their ancestors. While so, she states that the petitioners came to know that their father executed a registered sale agreement-cum-General Power of Attorney dated 09.10.2008 in respect of the property in question in favour of respondent No. 1, who on the strength thereof, is seeking to alienate the property in question. On coming to know of this, she states that the petitioners got issued paper publication dated 10.04.2008 cautioning the general public from entering into any sort of agreements with respondent No. 1, and they also filed suit in O.S. No. 495 of 2008 on the file of the Junior Civil Judge, Vijayawada, seeking permanent injunction, and pending thereof, in I.A. No. 269 of 2008, they obtained interim injun...
S. Malleswara Reddy and anr. Vs. Commissioner of Prohibition and Excis ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: AIR2009AP456
ORDERG. Rohini, J.1. These three writ petitions which are based on the same set of facts are heard together and decided by this Common Order.2. The parties to all the writ petitions being common, for the sake of convenience they shall be referred to as they are arrayed in W.P. No. 22202 of 2006.3. The facts, in brief, are as under:The petitioners claim to be the joint owners of House Nos. 2-479, 2-480, 2-481, 2-481/1, 2-481/2, 2-481/3, 2-485,2-485/1 and 2-486 of Balajinagar, Near I.T.I. Circle in Cuddapah Municipal Corporation. The 5th respondent herein is in occupation of an adjacent premises bearing D. No. 2-484/1 of Balajinagar. He was granted a trade license for the year 2005-06 by the Commissioner of Municipal Corporation of Cuddapah to carry on business in the said premises in the name and style of M/s. Eagle Restaurant and Bar. On an application made by the 5th respondent under the provisions of The Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of Lice...
Special Deputy Collector and Land Acquisition Officer Vs. Smt. Bayya J ...
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: 2009(2)ALT683
Vilas V. Afzulpurkar, J.1. This is an appeal preferred by the State against the judgment and decree passed by the learned Senior Civil Judge, Narsipatnam, in O.P. No. 1 of 1999, dated 05-03-2001.2. The subject matter of the aforesaid reference under Section 18 of the Land Acquisition Act (for brevity 'the Act') is for an extent of Ac. 18.39 cents of dry land in Sy. Nos. 25/2, 26/2, 4 to 7, 31/16, 1/2B and 31/3A, situated at Venkannapalem, Makevasapalem Mandal, Visakhapatnam District. An award No. 24 of 1983, dated 24-06-1983, was passed by the Land Acquisition Officer, after the Notification under Section 4(1) of the Act was issued and published on 05-08-1981, that the land was acquired for the purpose of Yeleru Left Bank Canal. The possession of the land was taken on 24-09-1982. The aforesaid land comprises of a coconut tope in an extent of Ac.3.84 cents and the rest of the land is with scattered trees, ground well and motor-shed etc. To the extent of the coconut tope, covering an ext...
Bollaboni Lakshmi and ors. Vs. Commissioner of Appeals and ors.
Court: Andhra Pradesh
Decided on: Dec-30-2008
Reported in: 2009(3)ALT272
ORDERL. Narasimha Reddy, J.1. These two writ petitions are connected with each other. Hence, they are disposed of through a common order.2. The petitioners in W.P. No. 15441 of 2001 are the legal representatives of late Sri Bollaboni Ramaswamy. He held an extent of Ac.1.37 guntas of land in survey Nos. 65 and 66 of Uppal Bagath of Uppal Mandal, Ranga Reddy District. Since the village was included in the Hyderabad urban agglomeration, Ramaswamy filed a declaration before the Special Officer and Competent Authority, Urban Land Ceiling, the second respondent herein, under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'). After processing the declaration, the second respondent passed an order, dated 24.01.1983, under Section 8(4) of the Act. He took the view that Ramaswamy held an extent of 6840.76 square yards of land in excess of ceiling limits. Against this order, an appeal was filed under Section 33 of the Act before the Commissioner of Appeals, the ...
K. Pratap Reddy and ors. Vs. the Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-26-2008
Reported in: 2009(2)ALT742
P.V. Sanjay Kumar, J.1. The extent and scope of jurisdiction of Revenue Authorities in exercise of powers conferred by Sections 5 and 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act of 1971') fall for consideration in this writ petition.2. The order passed by the Joint Collector, Ranga Reddy District, Hyderabad, the 1st respondent herein, in Proceedings No. D5/9418/1997 dated 24.07.2000 in exercise of revisional jurisdiction under Section 9 of the Act of 1971 and the consequential order passed by the Mandal Revenue Officer, Ghatkesar Mandal, Ghatkesar, Ranga Reddy District, the 2nd respondent herein, in proceedings No. B/2186/2000 dated 10.11.2000 in exercise of powers conferred by Section 5 of the Act of 1971 are under challenge.3. The petitioners claim that they and respondents 3 and 4 herein share a common lineage. According to them, Kommidi Kanna Reddy and his brothers Kommidi Venkat Reddy, Kommidi Laxma Reddy, Kommidi Tirumal Reddy and...
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