Andhra Pradesh Court February 2008 Judgments
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Chavva Sreenivasulu Reddy and ors. Vs. Government of Andhra Pradesh an ...
Court: Andhra Pradesh
Decided on: Feb-20-2008
Reported in: 2008(3)ALD496; 2008(6)ALT183
ORDERP.S. Narayana, J.1. This Court ordered rule nisi on 13.11.2007 and in W.P.M.P. No. 31139 of 2007 made the following order:In view of the facts and circumstances, the auction may be further proceeded with but the same not to be confirmed for a period of two weeks, in respect of Venkataiah Kalava Reach Nos. l and 2 and Bedduru, Kondapuram Mandal of Kadapa District.2. The said interim order is being extended from time to time.3. Heard Sri N. Subba Rao, learned Counsel representing the writ petitioners and the learned Assistant Government Pleader for Industries representing the respondents.4. W.V.M.P. No. 138 of 2008 is filed to vacate the interim order, dated 13.11.2007.5. The writ petition is filed for issuance of writ of mandamus declaring the action of the respondents in conducting auction of lease hold rights to quarry the sand in respect of Venkaiah Kalava Reach Nos. l and 2 and Beduduru Reach pursuant to 2008(3) FR-F-32' Tender Notice No. 534/Sand/07-08, dated 26.10.2007, as il...
Smt. G. Kadambari W/O G. Kesavulu Vs. District Registrar of Assurances ...
Court: Andhra Pradesh
Decided on: Feb-19-2008
Reported in: 2008(2)ALD662
ORDERG. Yethirajulu, J.1. A This writ petition has been preferred by the petitioner seeking to declare the order of the first respondent, dated 22-01-2004 and the order of the second respondent, dated 02-12-2003 as illegal, arbitrary and consequently to direct the second respondent to register the document without insisting for payment of stamp duty on the present market value of the property.2. The petitioner purchased an extent of 222 square yards in Sy. No. 132 and 160 of B.K. Guda, Hyderabad from her vendor A.V. Pentaiah, who is the absolute owner of the property. A sale deed was executed on 28-02-1979 and it was presented to the Sub-Registrar, Khairatabad, the third respondent herein, for registration on 02-03-1979. The third respondent refused to register the document on the ground that certificate of permission from the competent authority under the Urban Land Ceiling Act was not enclosed along with the sale deed and the document was kept pending. Thereafter, on 28-05-1982, the ...
Datharu Pochaiah and ors. Vs. Government of Andhra Pradesh Rep. by Its ...
Court: Andhra Pradesh
Decided on: Feb-19-2008
Reported in: 2008(2)ALT396
ORDERC.V. Nagarjuna Reddy, J.1. In this Writ Petition, the petitioners question the land acquisition proceedings initiated by the respondents, vide: notification dated 25-10-2005 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') to the extent of the lands in their respective occupation in Survey Nos. 76,77,78,79/2,80/2 and 85/2 of Rangapur village, Bibinagar Mandal, Nalgonda District, by seeking issuance of a Writ of Mandamus.2. An extent of Ac.730.06 guntas comprised in various survey numbers, including the above survey numbers, of Rangapur village was donated by Sri Chaturgiri Jee of Rangapur village, Bibinagar Mandal to Bhoodana Yagna Samithi on 8-2-1952. The said land got vested in the Government as Kharij Khata under Rule 8 of the Sri Acharya Vinobha Bhave Sarvodaya Bhoodana Yagna, Hyderabad Land Revenue Special Rules of 1951 (for short 'the 1951 Rules'). The Bhoodana Yagna Samithi distributed Ac.495.12 guntas of land to the landless poor farmers. T...
Madhyahannapu Narasimha Rao S/O Seetaramayya Vs. Sunkara Shirama Hanum ...
Court: Andhra Pradesh
Decided on: Feb-19-2008
Reported in: 2008(3)ALD340; 2008(4)ALT38
ORDERG. Yethirajulu, J.1. This Revision Petition has been preferred by the respondent in R.C.C. No. 54 of 2994 on the file of the rent Controller-cum-Principal Junior Civil Judge, Kakinada.2. The R.C.C. was filed by the first respondent herein for eviction of the Revision petitioner from the schedule premises contending that he is the owner of the property. The building is more than 100 years old. The respondent therein took the same on lease on a monthly rent of Rs. 600/- payable by first of every succeeding month. The respondent is irregular in payment of the rents. After retirement, the first petitioner started pursuing the matter and demanding the respondent to pay the rent. The respondent committed willful default in payment of the rent to a tune of Rs. 3,600/- and failed to pay the rent since six months prior to the filing of the petition. The respondent is not maintaining the premises properly and was causing damage to the building. The respondent, who is running a printing pres...
Lion Dates Pvt. Ltd. Vs. Controller, Legal Metrology (Weights and Meas ...
Court: Andhra Pradesh
Decided on: Feb-19-2008
Reported in: AIR2008AP188; 2008(3)ALT265; 2009(234)ELT434(AP)
ORDERC.Y. Somayajulu, J.1. This petition is filed questioning the seizure of the goods belonging to the petitioner under the provisions of the Standards of Weights and Measures Act, 1976 (the Act) and the Standards of Weights and Measures (Packaged Commodities) Rules 1977 (the Rules) made thereunder.2. The case, in brief, of the petitioner is that it gets the date fruits plucked from the palm trees and gets the seed removed there from and repacks and sells seedless dates through distributors throughout India and that the Inspector, Legal Metrology (Weights and Measures Department), Sathenapally (2nd respondent) had on 10.01.2003 seized its product from M/s. Balaji Sweets, Sathenapally on the ground of violation of Section 39 of the Act and Rules 4, 6(1)(a) and 23(1) of the Rules, on the ground that the seized packets do not bear the declaration of the name and address of the manufacturer as required by the Act and the Rules. After coming to know about the said seizure, its representati...
Hyder Ali Vs. State
Court: Andhra Pradesh
Decided on: Feb-19-2008
Reported in: 2008(1)ALD(Cri)685; 2008(2)ALT(Cri)78; 2008CriLJ3369
L. Narasimha Reddy, J.1. The sole accused in S.C. No. 62 of 2005 on the file of the learned I Additional Metropolitan Sessions Judge, Hyderabad is the appellant. He was charged with the offences punishable under Sections 302 and 498-A, IPC. Through its judgment, dated 30-1-2006, the trial Court acquitted the appellant of the charge under Section 498A, IPC but convicted him for the one, under Section 302, IPC. Sentence of imprisonment for life and fine of Rs. 1,000/- in default to suffer simple imprisonment for two months was imposed. Hence, this Appeal.2. The appellant was married to Abbasi Begum; and the couple had three sons and a daughter. The lady was admitted in Osmania General Hospital with serious burn injuries on 7-6-2004. P.W. 8, the XXIII Metropolitan Magistrate, Hyderabad recorded the dying declaration of the said woman under Ex. P. 10. In the said declaration, Abbasi Begum stated that her husband, the appellant herein, married another woman and thereafter, started neglectin...
Municipal Commissioner, Tirupati Municipal Corporation Vs. Kum. A. Sum ...
Court: Andhra Pradesh
Decided on: Feb-19-2008
Reported in: 2008(6)ALD393; 2008(5)ALT548
ORDERD.S.R. Varma, J.1. Heard the learned Standing counsel, appearing for the petitioner, the learned Counsel appearing for the respondent No. 1, the learned Government Pleader for Municipal Administration & Urban Development, appearing for the respondent Nos. 2 to 4 and the learned Government Pleader for Education, appearing for the respondent Nos. 5 and 6.This writ petition is filed, under Article 226 of the Constitution of India, to declare the interim order, dated 06.11.2007, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, (for brevity 'the Tribunal'), in O.A. No. 6735 of 2005, and also the order of the Tribunal, dated 18.01.2008, in C.A. No. 795 of 2007, as illegal, arbitrary, unjust and unconstitutional.2. Petitioner is the respondent No. 1, the respondent No. 1 is the applicant and the respondent Nos. 2 to 6 are the respondent Nos. 2 to 6, in the O.A., before the Tribunal.3. The facts, in brief, are that, the respondent No. 1, while working as Secondary Grade As...
Smt. A. Nagamani Vs. the Government of A.P. Rep. by Its Secretary, Soc ...
Court: Andhra Pradesh
Decided on: Feb-18-2008
Reported in: 2008(4)ALD352; 2008(3)ALT795
ORDERC.Y. Somayajulu, J.1. This writ petition relates to the validity of the caste certificate issued to the petitioner.2. The case of the petitioner, as disclosed from the affidavit filed by her in support of the writ petition, is, her parents Palaka Ramaiah and Latchamma, who are of Kondakapu caste, which is a Scheduled Tribe, hail from Masanaputti Village of Burji Mandal and she was born to them on 13.05.1949 at Masanaputti. About three months after her birth, as her mother Lachamma expired, her father who was upset failed to take care of her and left her to herself, and so, Allada Jagannadham, who took care of her shifted her to Parvathipuram and admitted her in R.C.M. School, Parvathipuram, and got his name recorded as her father, and gave his caste as her caste, without knowing that she belongs to Scheduled Tribe Community. After she studied Second Standard, her natural father took her back to Masanaputti Village, her native place. But Allada Jagannadham, out of love and affectio...
Chimta Venkateswaramma Vs. State of Andhra Pradesh Rep. by the Public ...
Court: Andhra Pradesh
Decided on: Feb-18-2008
Reported in: 2008(1)ALD(Cri)750; 2008(2)ALT(Cri)97
L. Narasimha Reddy, J.1. The appellant was tried for the offence of causing the death of her step-son, by name, Chimata Srinivas @ Sreenu, on 15-05-2000, by pouring kerosene and setting him on fire. The Court of the learned VII Additional Sessions Judge, Guntur, through its judgment, dated 16-02-2006, found her guilty of the offence punishable under Section 302 I.P.C. and sentenced her to undergo imprisonment for life. Fine of Rs. 500/-, in default, to under go simple imprisonment for two months, was also imposed. Hence, this appeal.2. P.W.1 was initially married to one Ramadevi. Through her, he had two sons, the deceased and another younger boy, aged two years. Due to differences between the spouses, they got separated. According to an arrangement suggested by elders, the deceased was to be brought up by P.W.1 and the younger boy, by Ramadevi. 3. P.W.1 married the appellant and through her, he had a daughter. It was alleged that the appellant developed hatred towards her step-son and ...
Bharat Sanchar Nigam Limited Rep. by Its Prl. General Manager Vs. Govt ...
Court: Andhra Pradesh
Decided on: Feb-18-2008
Reported in: 2008(4)ALD28; 2008(3)ALT598
ORDERC.Y. Somayajulu, J.1. This Writ Petition is filed questioning the cancellation of the allotment of plot No. CFC-5, Software Units Layout, Madhapur, made in favour of the petitioner by the second respondent i.e. Andhra Pradesh Industrial Infrastructure Corporation Limited (hereinafter referred to as APIIC).The case in brief of the petitioner is that APIIC, which is a wholly owned Government of Andhra Pradesh undertaking, came into existence with an object to acquire land for development of industrial area in the State of Andhra Pradesh, had offered plots to Software Industries and Public Utility Services in Madhapur area. It had, on a request made by the Principal General Manager, Telecom District, Hyderabad, allotted two plots in the Madhapur Software Units Layout bearing CFC-4 in an extent of Ac.1.00 and CFC-5 in an extent of 0.25 cents subject to payment of price @ Rs. 1923/- per square yard for the purpose of construction of telephone exchange and ground based tower. Subsequent...
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