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Andhra Pradesh Court September 2008 Judgments

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Sep 30 2008

Sireesa Geo Granites, Rep., by Its Quarry Manager B.N. Reddy Vs. Gover ...

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALT136

C.V. Nagarjuna Reddy, J.1. As common issues are involved in these two Writ Petitions, they are heard and being disposed of together.2. Writ Petition No. 771 of 2001 is filed for a Writ of Mandamus to declare order dated 11-12-2000 passed by respondent No. 1 rejecting the petitioner's application dated 12-8-1999 granting mining lease to respondent No. 4 over an extent of 1.44 Hectares in Survey No. 168 of Odayaram village, Gangadhara Mandal, Karimnagar District as illegal. The petitioner also questioned the consequential order dated 12-1-2001 passed by respondent No. 2 and prayed for setting aside both the orders. 3. Writ Petition No. 1996 of 2001 is filed for identical reliefs against the proceedings of respondent Nos. 1 and 2.Facts in Writ Petition No. 771 of 2001:4. The petitioner was granted quarry lease of Grey Granite over an extent of 5 Hectares in Survey No. 168 of Odayaram village, Gangadhar Mandal, Kannmanagar District, vide proceedings No. 1076/Q.2/89 dated 9-6-1989 of respon...


Sep 30 2008

Padaga Ambha Bayamma and ors. Vs. Government of Andhra Pradesh Rep by ...

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALT193

ORDERG. Rohini, J.1. These two writ petitions which are based on the same set of facts involving common questions for consideration are heard and decided together by this common order.2. The petitioner in W.P. No. 27414 of 2007 is one of the Directors of the Primary Agricultural Co-operative Society (for short, 'PACS'), Shaligouraram Village, Nalgonda District. The Managing Committee of the said society which was elected on 23.10.2005 consists of 13 members including the petitioner and the 5th respondent herein. While so, on account of the resignation tendered by the President of the society on 2.5.2007 a vacancy arose. Even prior to that, the 5th respondent on account of his election to Mandal Parishad Territorial Constituency (MPTC), Chittalur on 28.6.2006 ceased to be a member of the Managing Committee of PACS under Section 21-A(1B) of the A.P. Co-operative Societies Act, 1964 (for short, 'the Act').3. In the circumstances, the 4th respondent - In-charge Chairman of PACS in terms of...


Sep 30 2008

Pandaga Ambha Bayamma Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALD352

ORDERG. Rohini, J.1. These two writ petitions which are based on the same set of facts involving common questions for consideration are heard and decided together by this common order.2. The petitioner in WP No. 27414 of 2007 is one of the Directors of the Primary Agricultural Co-operative Society (for short, 'PACS'), Shaligouraram Village, Nalgonda District. The Managing Committee of the said society which was elected on 23.10.2005 consists of 13 members including the petitioner and the 5th respondent herein. While so, on account of the resignation tendered by the President of the society on 2.5.2007 a vacancy arose. Even prior to that, the 5th respondent on account of his election to Mandal Parishad Territorial Constituency (MPTC), Chittalur on 28.6.2006 ceased to be a member of the Managing Committee of PACS under Section 21-A(1B) of the A.P. Co-operative Societies Act, 1964 (for short, 'the Act').3. In the circumstances, the 4th respondent - In-charge Chairman of PACS in terms of t...


Sep 30 2008

Sri Varaha Laxmi Narasimha Swamyvari Devasthanam, Rep. by Its Executiv ...

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2009(2)ALT230

T. Meena Kumari, J.1. Challenging the order dated 03-01-2002 passed by a learned Single Judge of this Court, allowing writ petition No. 18559 of 1997, which was filed seeking a writ of Mandamus to declare the proceedings initiated under Sections 3 and 7 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 and granting pattas in favour of the 2nd respondent-Devasthanam in respect of the land in an extent of Ac 5-98 cents in Sy. No. 318 Part of Kallukonda, in Adavivaram village, Visakhapatnam District and further extent of Ac 6.50 cents in Sy. No. 296-A of Budagalametta in Adavivaram village, as illegal and arbitrary and for a consequential direction that the petitioner therein alone is entitled for possession and enjoyment of the said land to the exclusion of respondent Nos. 1 and 2, the Devasthanam preferred W.A. No. 416 of 2002 and the Government preferred W.A. No. 554 of 2003.2. Since these two appeals arise out of a single judgment in the writ...


Sep 30 2008

Sireesha Geo Granites Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALD357

C.V. Nagarjuna Reddy, J.1. As common issues are involved in these two writ petitions, they are heard and being disposed of together.2. Writ Petition No. 771 of 2001 is filed for a writ of mandamus to declare order dated 11.12.2000 passed by respondent No. 1 rejecting the petitioner's application dated 12.8.1999 granting mining lease to respondent No. 4 over an extent of 1.44 Hectares in Survey No. 168 of Odayaram Village, Gangadhara Mandal, Karimnagar District as illegal. The petitioner also questioned the consequential order dated 12.1.2001 passed by respondent No. 2 and prayed for setting aside both the orders.3. Writ Petition No. 1996 of 2001 is filed for identical reliefs against the proceedings of respondent Nos. 1 and 2.Facts in Writ Petition No. 771 of 2001:4. The petitioner was granted quarry lease of Grey Granite over an extent of 5 Hectares in Survey No. 168 of Odayaram Village, Gangadhar Mandal, Karinmanagar District, vide proceedings No. 1076/Q.2/89 dated 9.6.1989 of respon...


Sep 30 2008

The Mandal Revenue Officer Vs. Kanchubriki Parvathamma W/O Rama Rao,

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALD788; 2009(1)ALT445

ORDERP.V. Sanjay Kumar, J.1. These two writ appeals arise out of the common order dated 4th January, 2002 passed by a learned Judge of this Court in W.P. Nos. 22862 of 2001 and 4038 of 2000.Writ Appeal No. 914 of 2002 is filed by the Mandal Revenue Officer, Visakhapatnam (Rural), Visakhapatnam, the petitioner in W.P. No. 22862 of 2001, while Writ Appeal No. 958 of 2002 is filed by the Joint Collector and Settlement Officer, Visakhapatnam, and the Mandal Revenue Officer (Rural), Visakhapatnam, - the respondents in W.P. No. 4038 of 2000. The Petitioners in W.P. No. 4038 of 2000, being the Respondents 1 to 3 in W.P. No. 22862 of 2001, are the Respondents before us in both the appeals. In addition, the Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, Respondent No. 4 in W.P. No. 22862 of 2001 is arrayed as Respondent No. 4 in W.A. No. 914 of 2002.2. By the common order dated 4th January, 2002, the learned Judge allowed W.P. No. 40...


Sep 30 2008

Mrs. Tahera Yousuf Kadri W/O Yousuf Shah Kadri and Dr. (Mrs.) Qudsia S ...

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2009(1)ALT708

ORDERN.V. Ramana, J.Brief Case of the Petitioners1. One Shri Mohd. Amjad Ali Khan, was the owner of agricultural land in an extent of Ac. 481.61 situate in Sy. Nos. 270, 284 to 300, 302, 304, 306, 307 and 311 to 317, Bachupalli village, Medchal Taluq, Ranga Reddy District. He died in the year 1950. After his death, his wife, namely Smt. Rabia Begum, his two sons, namely Ahsan Ali Khan and Akram Ali Khan, and his two daughters, namely Tahera Yousuf Kadri and Qudsia Sajjad, the petitioners herein succeeded to his property, and since then they were in enjoyment and possession thereof.2. While so, the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Land Reforms Act') came into force w.e.f. 01.01.1975. The petitioners state that their mother, their two brothers and themselves, filed declarations separately under Section 8(1) of the Land Reforms Act, in respect of an extent of Ac. 481.697 cents of land in the above mentioned survey numbers, bef...


Sep 30 2008

P. Lingamma and anr. Vs. Dr. P. Venugopal

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALD663; 2009(1)ALT457

ORDERVilas V. Afzulpurkar, J.1. This revision is preferred by the landlords against the order dated 8.12.2006 passed by the Appellate Authority under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act'-Chief Judge, City Small Causes Court), Hyderabad in R.A. No. 258 of 2004. The parties are being referred to as 'the landlords' and 'the tenant'.2. The brief facts of the case are as follows:The landlords filed an eviction petition on the ground that the tenant has committed wilful default in payment of rents as well as property tax. The second ground alleged was that the second petitioner-landlord is carrying on professional business in a rented mulgi and requires the demised mulgi for his own purpose. The third ground of the tenant having an alternative accommodation was also alleged. The learned Rent Controller, on trial, accepted all the grounds and ordered eviction of the tenant. Aggrieved thereby, the landlords filed an appeal before the lower Appell...


Sep 30 2008

Vaseem Akram Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2008(6)ALD807

ORDERL. Narasimha Reddy, J.1. The petitioner was granted mining lease, to quarry Building Stone and Road Metal, over the land in Sy. No. 137 of Pashmamla Village of Hayathnagar Mandal, Ranga Reddy District, initially for a period of 5 years, with effect from 22.6.1991. Thereafter, it was renewed for a period of 15 years, from 22.6.1996 to 21.6.2011. The lease granted and renewed in favour of the petitioner was terminated by the Deputy Director of Mines and Geology, Hyderabad, the 3rd respondent herein, vide proceedings dated 26.11.1999. The petitioner preferred appeal before the 2nd respondent. Through order dated 8.4.2000, the 2nd respondent dismissed the appeal, as time barred. Aggrieved thereby, the petitioner approached the 1st respondent, by way of revision.2. The revision was also dismissed on 25.8.2008. The petitioner feels aggrieved by the various orders passed by the respondents herein. Sri R. Narasimha Reddy, learned Counsel for the petitioner, submits that the 3rd respondent...


Sep 30 2008

Mohd. Farooq Ali Vs. Akhteri Begum

Court: Andhra Pradesh

Decided on: Sep-30-2008

Reported in: 2009(1)ALT583

ORDERVilas V. Afzulpurkar, J.1. This revision is preferred by the tenant against the order of eviction passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad, in R.A. No. 4 of 2001, dated 15-2-2005, setting aside the dismissal order of the learned III Additional Rent Controller passed in R.C. No. 528 of 1996, dated 11-10-2000.2. The tenant is the petitioner and the respondent is the landlady. The parties are herein after referred to as landlady and tenant, respectively, for the sake of convenience.3. The brief facts of the case are as follows:The respondent herein is the owner and landlady of the schedule premises, which was gifted to her by her mother under a registered gift deed, Ex.P-1, dated 27-12-1988. The tenant is in possession of the premises under a rental deed, Ex.P-3, in Urdu with its true translation being Ex.P-4, dated 16-01-1962. The case of the landlady in brief is that her husband who is a qualified civil engineer, has since retired and wishes ...


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