Andhra Pradesh Court February 2008 Judgments
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Ch. Satyanarayana and ors. Vs. Land Acquisition Officer-cum-sub-collec ...
Court: Andhra Pradesh
Decided on: Feb-13-2008
Reported in: 2008(2)ALD679; 2008(2)ALT742
ORDERV.V.S. Rao, J.1. Petitioners, who are five in number, are statedly statutory tenants of second respondent, namely, Sri Bheemeswaraswamy temple, Bhimalapuram Village, Achanta Mandal, West Godavari District, in respect of land in R.S. No. 34/5 admeasuring Acs.5.92, R.S. No. 95/1, and R.S. No. 90/4 admeasuring Ac.1.98 situated in said Village. The land is owned by second respondent temple. Petitioners also allege that they are entitled for protection under provisions of Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short, Tenancy Act) and that they are paying makta/annual rent without committing default or delay. In 1996, land was acquired by Government for providing house sites to persons belonging to weaker sections. Petitioners made a petition to first respondent claiming 60% of the compensation as tenants, in vain. Therefore, they filed instant writ petition seeking a writ of Mandamus declaring inaction of respondents in considering claim of petitioners for payment of 60% o...
Balamoni Nagender @ Narender and anr. Vs. the State of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Feb-13-2008
Reported in: 2008(1)ALD(Cri)740; 2008(2)ALT(Cri)32; 2008CriLJ2225
L. Narasimha Reddy, J.1. This appeal under Section 374(2) of the Criminal Procedure Code is preferred by the accused in Sessions Case No. 60 of 2002, on the file of the Special Sessions Judge for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), Mahabubnagar, in a judgment rendered by that Court on 11-07-2005.2. The appeal, insofar as it related to A2 was allowed by this Court through judgment, dated 27-02-2007, on the ground that he was a juvenile, as defined under the Juvenile Justice Act, as on the date of the commission of the alleged offence. Now the appeal is confined to A-1 and A-3.3. The accused were tried for the offence punishable under Section 376(g) IPC alleging that they committed gang rape on one Mala Dasari Mahalaxmi-P.W.1, on 25-02-2002, near a stream at the outskirts of Rakonda village of Mahabubnagar District. Since the victim belongs to scheduled caste, the provisions of the Act were invoked and the...
Suram Gorla Kondaiah and ors. Vs. State of A.P. Rep. by Public Prosecu ...
Court: Andhra Pradesh
Decided on: Feb-13-2008
Reported in: 2008(1)ALD(Cri)569; 2008(1)ALT(Cri)396
L. Narasimha Reddy, J.1. A-1 to A-3 in S.C. No. 164 of 2000 in the Court of IV Additional Sessions Judge, Nellore, are the appellants. Together with A-4 and A-5, they were tried for the offence of committing the murder of one Suram Venkata Reddy, S/o. China Narasa Reddy, on the intervening night of 16/17-10-1999 16/17-10-1999 . Through its judgment dated 15-12-2005, the trial Court acquitted A-4 and A-5, but convicted the appellants herein, of the offence punishable under Section 302 I.P.C., and sentenced them to undergo imprisonment for life, and to pay fine of Rs. 50/- each, in default, to suffer imprisonment for 15 days. Hence, this appeal.2. Briefly stated the case of the prosecution, is as under:The deceased, Venkata Reddy, was working as Post Master of Dubagunta Village, of Nellore District, and was associated with the Telugu Deasam Party. A-1 is the leader of Congress party, and there were differences between both of them. PW-1, son of Venkata Reddy, was studying MCA at Chennai,...
Latika Koteswara Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-13-2008
Reported in: 2008(1)ALD(Cri)758; 2008(2)ALT(Cri)66; 2009CriLJ257
L. Narasimha Reddy, J.1. The learned Sessions Judge, Guntur, framed three charges against the appellant herein, viz., 1) that he committed the murder of his daughter Latike Lakshmi Durga, aged about 3 years, by beating her with a stick, and thereafter threw her into the waters of Guntur Canal, and thereby committed offence under Section 302 I.P.C; 2) that he attempted to commit the murder of his wife, by name, Latike Venkata Lakshmi Kumari, and thereby committed the offence punishable under Section 307 I.P.C; and, 3) that he caused disappearance of the evidence by throwing the dead body of Lakshmi Durga, into water, which is an offence punishable under Section 201 I.P.C. Through its judgment dated 18-01-2006, the trial Court held all the charges against the appellant, proved. It sentenced him to undergo imprisonment for life, for the offence under the first charge; rigorous imprisonment of five years and fine of Rs. 500/-, for the offence under second charge; and rigorous imprisonment ...
Sri Goverdhana Chakradharachari Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-12-2008
Reported in: 2008(3)ALD613; 2008(4)ALT121
ORDERL. Narasimha Reddy, J.1. The petitioner in W.P. No. 17684 of 1997 (for short 'the petitioner') is an Archaka of Sri Sitaramaswamy Temple, Duddukuru Village, Devarapalli Mandal, West Godavari District. An extent of Ac.4.20 cents of land in Survey No. 175 of that Village was endowed to the Temple. The petitioner is said to be enjoying the usufruct of the land and rendering services to the Temple. Apprehending that the State Government would take over the land for providing house sites to weaker sections, the petitioner approached this Court by filing W.P. No. 21935 of 1995. During the pendency of the writ petition, a notification, dated 07.12.1995, under Section 4(1) of the Land Acquisition Act (for short 'the Act') was issued, proposing to acquire the land. Taking note of that development, this Court dismissed the writ petition, leaving it open to the petitioner to pursue his remedies vis--vis the notification.2. Accordingly, the petitioner filed W.P. No. 5872 of 1996 questioning t...
S. Malleswar Rao Vs. Commissioner of Prohibition and Excise, Governmen ...
Court: Andhra Pradesh
Decided on: Feb-12-2008
Reported in: 2008(2)ALD690; 2008(2)ALT421
Gopala Krishna Tamada, J.1. This writ appeal is directed against the order of the learned single Judge dated 17lh December, 2007 in Writ Petition No. 23212 of 2007, whereby the learned single Judge dismissed the said writ petition.2. Brief facts are that the appellant is a licensee for running a retail liquor vend at Saripalli village in Visakhapatnam District and he was granted necessary licence in Form A-4 on 1-7-2006. However, as Saripalli is a sparsely populated village, the appellant sought for shifting of the said retail liquor vend from the said village to Jarripothulapalem village and the same was considered by the Commissioner, Prohibition and Excise (the first respondent herein) and accordingly he was permitted to shift the retail liquor vend to Jarripothulapalem village by order dated 23-8-2006. The third respondent, who was an existing licensee of a retail liquor vend at Narva village, approached this Court and filed Writ Petition No. 22493 of 2006 questioning the said shif...
Munagala Chenchu Ramaiah Vs. the State of A.P. Rep. by Its Public Pros ...
Court: Andhra Pradesh
Decided on: Feb-12-2008
Reported in: 2008(1)ALD(Cri)730; 2008(2)ALT(Cri)63; 2008CriLJ2916
L. Narasimha Reddy, J.1. The Court of III Additional Sessions Judge, Tirupati in S.C. No. 10 of 2004 charged the appellant herein with the offences punishable under Sections 302 and 201 read with 34 I.P.C, alleging that he committed the murder of his wife on 11.10.2003. The brother of the appellant, by name Munagala Nagaraju, was charged with the offence punishable under Section 201 read with 34 I.P.C. in relation to the same incident. Through its judgment, dated 30.08.2004, the trial Court acquitted A.2 but found the appellant guilty of the offences punishable under Sections 302 and 201 I.P.C. Sentence of imprisonment for life and fine of Rs. 1000/-, in default to suffer simple imprisonment for one month for the offence under Section 302 I.P.C., and sentence of rigorous imprisonment for three years and fine of Rs. 1,000/-, in default to suffer simple imprisonment for one month for the offence under Section 201 I.P.C. were imposed. Both the sentences were directed to run concurrently. ...
Gunda Vishvanadham Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-12-2008
Reported in: 2008(3)ALD367; 2008(3)ALT273
ORDERC.Y. Somayajulu, J.1. Petitioner purchased Ac. 1-30 cents in S. No. 300 of Kallur Gram Panchayat with 60' x 80' dimensions under a registered sale deed dated 13.5.1974. As per the Master Plan prepared for Kurnool, including the Kallur Gram Panchayat a 60' wide road has to pass through the land in S. No. 299 and according to the petitioner no road was proposed through S. No. 300 in that Master Plan. A neighbouring land owner of the petitioner had after obtaining approval from the Kallur Gram Panchayat constructed godowns and leased it out to the Food Corporation of India in or around 1978. Subsequently petitioner also made an application to the Kallur Gram Panchayat for permission to construct godowns in his own land which was sanctioned on 29.11.1987. But due to his personal reasons he could not proceed with the construction of the godowns. When he contemplated to sell the land to meet his family expenses, he heard rumours that a 30' wide road would be passing through his land and...
M. Rama Rao Vs. Commissioner, Serilingampally Municipality and ors.
Court: Andhra Pradesh
Decided on: Feb-12-2008
Reported in: 2008(3)ALD344; 2008(3)ALT659
ORDERC.Y. Somayajulu, J.1. Alleging that he purchased 532 Sq.yards in S. No. 32 of Guttala Begumpet Village from its owner Smt. N. Sri Lakshmi Kusuma and constructed a compound wall and other structures therein, and that respondents 2 and 3 with the members of the staff of Hyderabad Urban Development Authority and Town Planning Department, had on 24.2.2004 high-handedly and without giving any notice demolished the compound wall and the structures and thereby caused monetary loss to him, petitioner filed this petition seeking a direction to the respondents to restore the compound wall and the structures therein.2. In the counter-affidavit filed by the first respondent he alleged that the petitioner had unauthorisedly constructed the compound wall and a room without obtaining prior permission in an area where there is no approved layout and so when 2nd respondent requested his assistance for removal of the illegal and unauthorized constructions being made by the petitioner he assisted in...
Andhra Pradesh State Road Transport Corporation Rep. by Its General Ma ...
Court: Andhra Pradesh
Decided on: Feb-12-2008
Reported in: 2009ACJ361; 2008(4)ALD11; 2008(3)ALT382
T. Ch. Surya Rao, J.1. The unsuccessful first respondent is the appellant which seeks to assail the Award dated 05.10.2005 passed by the learned Motor Accidents Claims Tribunal-cum-II Additional District Judge, Guntur, in M.V.O.P. No. 575 of 2001. Respondents 1 and 2 herein are the claimants. Respondents 3 and 4 are the owner and insurer of the Ambassador car bearing No. DL-IC-H-1393.2. The claimants are the parents of the deceased who died in a motor accident that occurred on 07.05.2001 at about 06.00 a.m. near Muppavaram Village in Prakasam District. It was the case of the claimants that on the fateful day, the deceased and others were travelling in the Ambassador car bearing No. DL-IC-H-1393 owned by the second respondent and insured with the third respondent, from Tadepalli to Tirupathi and on account of the rash and negligent driving of the driver of the RTC bus bearing No. AP-10Z-5697, it hit the car on account of which the deceased and others received multiple injuries and the d...
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