Andhra Pradesh Court September 2008 Judgments
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A.C. Gangi Reddy (Died) and ors. Vs. Kadapa Municipality Rep. by It Co ...
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(6)ALT224
ORDERL. Narasimha Reddy, J.1. The petitioners filed O.S. No. 1066 of 1974 in the Court of Principal Junior Civil Judge, Kadapa, against the respondent, for the relief of perpetual injunction. The said suit was decreed on 31.03.1979 and it is stated that the decree has become final. The petitioners filed I.A. No. 1813of 2006, under Section 151 of C.P.C., with a prayer to direct the Station House Officer, II Town Police Station, Kadapa, to depute adequate force for implementation of the decree and preservation of the property. The trial Court dismissed the same, through its order, dated 06.12.2006. The same is challenged in this civil revision petition.2. Sri S.V. Bhatt learned Counsel for the petitioners submits that the employees of the respondent started interfering with the suit schedule property, though the decree for perpetual injunction is operating. He further submits that the trial Court did not appreciate the matter from the correct perspective and the order under revision is l...
Chepuri Venkateswarlu Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(6)ALD343; 2008(6)ALT555
ORDERC.V. Nagarjuna Reddy, J.1. Order dated 15.11.2005 of respondent No. 1, being one among many, passed over years concerning a small extent of Ac. 1.70 cents, is the subject-matter of challenge in this writ petition.2. The journey of litigation through two successive generations is replete with multitudinous events, which are confined in a brief chronology hereunder:3. The petitioner's father Sri Ch. Peda Mallaiah (for short, 'Mallaiah') applied to the then Tahsildar for assignment of the abovementioned extent of land in Sy. No. 238/ 1B of J.P. Cheruvu, Racherla Mandal, Prakasam District, obviously not knowing that the said land is not worth the time, money and efforts that are required to be spent in future. As his ill-luck would have it, one Smt. Pagadala Venkatarangamma also made a competing claim over the same land. As the Tahsildar preferred Smt. Venkatarangamma to Mallaiah for granting assignment vide his proceedings dated 19.11.1971, Mallaiah filed appeal before respondent No....
Shaik Khader MohiddIn Vs. G. Veeranna and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(6)ALD150; 2008(6)ALT460
ORDERV.V.S. Rao, J. 1. The petitioner is claimant in O.P. No. 272 of 2007 before the Motor Accidents Claims Tribunal (Principal District Judge), West Godavari District, Eluru, (hereafter, MACT). He filed the said O.P. claiming compensation for the injuries he sustained in a motor accident on 13.10.2006 involving Maruthi Car. He suffered serious injuries. On 14.10.2006 his right leg was amputed and he sustained 60% disability. He also alleged that from the date of the accident till 6.11.2006 he was hospitalized and again from 1.12.2006 to 30.4.2007 he was under treatment in Puma Nursing Home, Nidadavole, as an out patient.2. MACT after regular enquiry passed award on 6.9.2007. An amount of Rs. 6,82,111/- was awarded with interest at 7.5% per annum from the date of the petition till the date of realization. The third respondent (insurer) deposited an amount of Rs. 7,27,525/- on 26.12.2007. The petitioner filed an application being LA. No. 1168 of 2008 seeking permission of MACT to withdr...
Food Inspector Vs. Gunturu Venkateswara Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(2)ALD(Cri)598; 2008(3)ALT(Cri)238; 2009CriLJ531
R. Kantha Rao, J.1. This appeal is filed by the State against the judgment dated 22.3.2002 passed by the I Additional Munsif Magistrate, Gurazala in C.C. No. 139 of 2000 whereby and whereunder the learned Magistrate acquitted the respondents 2 and 3 for the offences under Sections 16(1)(a)(ii), 7(i) and 2(ia)(f) of the Prevention of Food Adulteration Act.2. The brief facts giving rise for filing of the appeal are that PW-1 (V. Nageswara Rao), the Food Inspector inspected the firm of the 3rd respondent-M/s. Krishna Water Works, Piduguralla and drew samples in the presence of the second respondent who is the managing partner of the Firm and that of PW-2 (V.V. Subba Reddy) an independent witness who was taken as mediator, purchased 12 sachets of mineral water kept for sale from the second respondent, thereafter, he divided 12 sachets into three equal parts and put them in three clean dry empty plastic containers. Subsequent to conducting the sealing and sampling in accordance with the Act...
A. Hanumantha Prasad and ors. Vs. Coal Mines Provident Fund Organisati ...
Court: Andhra Pradesh
Decided on: Sep-04-2008
Reported in: 2009(2)ALT370
ORDERL. Narasimha Reddy, J.1. Coal Mines Provident Fund Organisation (for short 'the Organisation') was created to cater to the needs of the employees working in the Coal Mines. Regional offices of the organization are established at different parts of the country. One regional office was established at Ramavaram of Karimnagar District, in the year 1963. It was shifted to Hyderabad, in 1973, on the basis of the decision taken by the Board of Trustees of the organization. After about 21/2 decades, the Board of Trustees, at their meeting held on 23.3.1999, decided to shift the regional office, from Hyderabad to Godavarikhani, and a consequential office order was issued by the competent authority, on 7.12.2000.2. 75 employees, who were working in the regional office at Hyderabad, filed W.P. No. 25340 of 2000, challenging the steps taken by the organization, to shift its regional office from Hyderabad to Godavarikhani. The writ petition was dismissed on 5.4.2004. Writ Appeal No. 798 of 200...
Md. NaziruddIn S/O Late Md. Moulana, Field Officer (Technician), Non-c ...
Court: Andhra Pradesh
Decided on: Sep-04-2008
Reported in: 2008(6)ALD684
L. Narasimha Reddy, J.1. The petitioners, in this batch of writ petitions, were employed as Field Officers in the Non-Conventional Energy Development Corporation of Andhra Pradesh Limited (for short 'the Corporation'). All of them were issued individual charge memos dated 27-04-2005, alleging irregularities, in the matter of implementation of Biogas Programme, during the years 1999-2000 to 2003-2004. It was alleged that the petitioners did not verify the implementation of programmes, correctly, and on the basis of certifications made by them, huge sums of subsidy were mis-utilised, in the form of a) non-construction of biogas plants, b) making double claims for the plants, c) non-traceability of the plants, said to have been constructed, and d) partial construction of the plants. The number of instances, under the four heads, attributed to the petitioners varied. The mis-utilisation of the amounts attributed to the petitioners in W.P. Nos. 2970 and 19714 of 2007, and 6770, 6910 of 2008...
Challa Rami Reddy Vs. Arva Yella Reddy
Court: Andhra Pradesh
Decided on: Sep-04-2008
Reported in: 2008(6)ALD488; 2008(6)ALT225
ORDERL. Narasimha Reddy, J.1. A small issue, as regards sending of a disputed document for comparison by Handwriting Expert, was made complicated by none other than the trial court itself.2. The respondent filed O.S. No. 489 of 2006, in the court of IV Additional Junior Civil Judge, Kadapa, against the petitioner, for recovery of certain amount, on the basis of a promissory note. The petitioner disputed his thumb impression on the promissory note. He filed I.A. No. 680 of 2007, under Section 45 of the Evidence Act, with a prayer to send the promissory note, to Government Examiner, for comparison of the thumb impression. The I. A. was allowed by the trial court on 25.6.2007, directing that the document be sent to an expert at New Delhi. The petitioner was required to deposit a sum of Rs. 10,000/- within a period of 10 days, towards tentative expenditure for that purpose.3. Petitioner filed I.A. No. 754 of 2007, with a prayer to extend the time for depositing the amount, by 10 days. The ...
N. Prabhakara Naidu (Dr.) Vs. Nellore Finance Corporation Rep. by Its ...
Court: Andhra Pradesh
Decided on: Sep-04-2008
Reported in: 2008(6)ALD689; 2008(6)ALT432
ORDERP.S. Narayana, J.1. The unsuccessful judgment-debtor in E.A. No. 201 of 2005 in E.P. No. 65 of 1995 in O.S. No. 23 of 1989 on the file of the Senior Civil Judge, Kavali, is the present revision petitioner. The decree-holder is the respondent.2. Respondent-decree-holder filed an application E.A. No. 201 of 2005 aforesaid under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) to reduce the upset price. The learned Senior Civil Judge, Kavali, having., formulated the point for consideration at para 5 after recording reasons and after referring to certain decisions, came to the conclusion that the application to be allowed reducing the sale price to Rs. 35.00 lakhs from Rs. 50.00 lakhs. Aggrieved by the same, the present civil revision petition had been preferred.3. Sri V. Sudhakar Reddy, learned Counsel representing the revision petitioner would maintain that the learned Senior Civil Judge, Kavali, had totally e...
Nathi Venkaiah (Died) Per L.Rs Nathi Ramulu and ors. Vs. Joint Collect ...
Court: Andhra Pradesh
Decided on: Sep-04-2008
Reported in: 2008(6)ALT515
ORDERP.S. Narayana, J.1. The revision petitioners filed the present C.R.P. under Section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter in short referred to as 'the Act' for the purpose of convenience), challenging the order dated 31.3.2001, made in Appeal File No. F2/934/99 on the file of the first respondent confirming the grant of ownership certificate under Section 38-E of the Act by the second respondent in favour of unofficial respondents in proceedings No. B/315/LRE/75.2. Sri L. Prabhakar Reddy, the learned Counsel representing the revision petitioners would maintain that the ancestors of the revision petitioners late Nathi Chittaiah and others- late Sana Mallaiah and Yerrolla Laxmaiah were in joint possession and enjoyment of lands in Survey Nos. 94 and 95 at Kompally Village, Qutubullapur Mandal, Ranga Reddy District, prior to 1950. The learned Counsel also would maintain that these families were in joint possession and enjoymen...
Letter Sent from Plot No. 338 Vs. the Collector and District Magistrat ...
Court: Andhra Pradesh
Decided on: Sep-02-2008
Reported in: 2008(5)ALD626; 2008(5)ALT313
ORDERA. Gopal Reddy, J.1. WP No. 14795/2005 is taken up writ petition on the basis of a letter addressed to the Honourable the Chief Justice on 5-7-2005 along with newspaper cutting, under the caption 'Rs.50 thousand crores worth of 15000 acres of assigned land grabbed by real estate persons, industrialists including the Member of Parliament from Hyderabad under benami names on the basis of forged documents, which should be remained with the assignees/landless poor persons in whose favour lands were initially assigned.'2. The matter initially appeared on 16-8-2005. The Government Pleader who took time filed counter affidavit on behalf of the first respondent-Collector, Ranga Reddy District admitting that 'there is some truth in the allegation that certain assigned lands were purchased by some real estate persons, industrialists.' In the backdrop of filing the counter affidavit, this Court called upon the respondents to furnish detailed information. Pursuant to the directions of this Co...
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