Andhra Pradesh Court September 2008 Judgments
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V. Bujjamma Vs. District Collector and anr.
Court: Andhra Pradesh
Decided on: Sep-22-2008
Reported in: 2008(6)ALD757
ORDERL. Narasimha Reddy, J.1. The petitioner owns an extent of Acs.9-00 of land in Gangapatnam Village of Nellore District. The District Collector, Nellore, the 1st respondent, published a notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') on 18.10.2007 in Telugu Newspapers, proposing to acquire Acs.6-00 of land of the petitioner. A notice under Section 5A of the Act was served upon the petitioner on 27.11.2007. Petitioner submitted her explanation. Thereafter, the 1st respondent published a notification, under Section 6 of the Act on 28.12.2007, for acquisition of the said land. The petitioner challenges the notifications published under Sections 4(1) and 6 of the Act. She contends that in the recent past, the Government acquired Acs. 17-00 of land, in the same village, for providing house sites and it is not necessary to acquire any further land. She contends that the land is covered by coconut trees and toddy topes, that she is a small farmer, and none...
M.A.E. Kumar Krishna Varma Vs. Sri Ramoji Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-22-2008
Reported in: 2008(6)ALD630
ORDERG.V. Seethapathy, J.1. This civil revision petition is directed against the order dated 22.1.2008 in LA. No. 794 of 2007 in O.S. No. 212 of 2007, on the file of the VII Additional District Judge (Fast Track Court), Visakhapatnam, wherein the application filed by the revision petitioner/first defendant under Order VII Rule 11 CPC, seeking rejection of the plaint, was dismissed.2. Heard the learned Counsel for the revision petitioner/first defendant and the learned Counsel for respondents 1 and 2/plaintiffs. Perused the records.3. Respondents 1 and 2 herein filed the suit O.S. No. 212 of 2007, on the file of VII Additional District Judge (Fast Track Court), Visakhapatnam, for a direction to the petitioner/first defendant to renew the lease for a further period of 33 years on a rent of Rs. 10,000/- per month initially or such other sum the Court may deem reasonable and also direct the first defendant to join the plaintiffs in applying for exemption granted in G.O. Ms. No. 427 dated 1...
Hemant Jalan and anr. Vs. Om Prakash Jalan and 3 ors.
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2010(1)ALT297
A. Gopal Reddy, J.1. This appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') against the judgment and decree dated 22-10-2005 passed in O.P. No. 2924 of 2003 by the XIV Additional Chief Judge, City Civil Court, Hyderabad.2. A short question that arises for consideration in this appeal is:Whether the court can modify the award of the arbitrator under Section 34 of the Act and allow the claim of interest which was disallowed by the arbitrator.3. The facts, which are not in dispute and relevant for disposal of the appeal, may briefly be stated as under:4. Deccan Enterprises Private Limited hereinafter called as 'Deccan' was under the management and control of O.P. Jalan. Nucon Industries Limited hereinafter called as 'Nucon' is under the management and control of R.N.Jalan.5. R.N. Jalan, father of the 1st appellant and O.P. Jalan, 1st respondent are brothers. There were several disputes among brothers before various courts including C.P. N...
The Nizam's Institute of Medical Sciences Vs. T. Rajendra
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2008(6)ALT368
V. Eswaraiah, J.1. Heard the arguments of Sri C.V. Mohan Reddy, the learned Advocate General, appearing for the appellant/NIMS as well as Sri P.Venugopal, learned Counsel, representing Sri D. Hanumantharao, learned Counsel appearing for the respondent- contractor.2. The Nizam's Institute of Medical Sciences (hereinafter referred to as 'NIMS') filed this appeal under Order 43 Rule 1 of Civil Procedure Code against the order dated 28.07.2008 passed by the II Additional Chief Judge, City Civil Court, Hyderabad in I.A. 2772/2008 in O.S. No. 390/2008.3. The said I.A. 2772/2008 has been filed by the respondent herein namely T. Rajendra (hereinafter referred to as 'the Contractor') under Order 39 Rules 1 and 2 for grant of interim injunction, restraining the NIMS, its men or any officers, employees, nominees, claiming through or under it from interfering with the peaceful supply of labour, and the Court below by order dated 28.07.2008 directed the appellant-NIMS to maintain status quo.4. This...
T.K. Prabhakar Vs. the A.P.S.R.T.C. Rep. by Its Regional Manager, Kari ...
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2008(6)ALD763
ORDERR. Subhash Reddy, J.1. This writ petition is filed by the petitioner, who was denied employment as a Driver in the respondent-Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation'), on the ground of adverse antecedents and character. He questions the order dated 27th January 2001, passed by the Regional Manager in Proceedings No. E2/852(2)/99-RM:KR.2. The facts are in a narrow compass:Pursuant to a notification issued by the respondent-Corporation inviting applications for the post of Driver, the petitioner had applied for the same. In the selections made for appointment of Driver Grade-II, he was selected, subject to verification of his educational qualifications/caste/antecedents, etc., as contemplated under Regulation 7 of the Andhra Pradesh State Road Transport Corporation Employees (Recruitment) Regulations, 1966. After selections, while making inquiry on the antecedents to assess the character of the petitioner, the respondent-Corporat...
Ch. Narasimhulu Vs. United India Insurance Co. and anr.
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2008(6)ALD350; 2008(6)ALT643
ORDERV.V.S. Rao, J.1. The petitioner is an officer in Rayalaseema Gram Panchayat. In 1996, he bought Janata Personal Accident Policy (policy) of first respondent. He met with an accident on 24.2.1999. He allegedly suffered injuries and resultant 50% disability in the right leg. He, therefore, claimed an amount of Rs. 2,50,000/- and first respondent rejected the same by an order 30.3.2000. He, therefore, sought redressal before the Insurance Ombudsman, Hyderabad, second respondent herein, as per redresal of Public Grievance Rules, 1998, and the same was dismissed by an order dated 22.1.2001. Yet again the petitioner approached the District Forum, Cuddapah, by way of complaint under Section 12 of the Consumer Protection Act, 1986. By an order dated 11.2.2004, the learned District Forum dismissed the complaint. While doing so, in Para 26 of said order, the District Forum observed that the petitioner has remedy by way of a suit or writ. Therefore, he filed instant writ petition. Second res...
Government of A.P. Rep. by Its Principal Secretary, Agriculture and Co ...
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2009(1)ALT137
ORDERGhulam Mohammed, J.1. Since these two writ petitions arise out of a common order dated 27.03.2006 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. Nos. 7821 of 2003 and batch, they are heard together and are being disposed of by this common order.2. These writ petitions are filed by the State of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Cooperation, for Writ of Certiorari so far as it relates to the common order dated 27.03.2006 passed in O.A. Nos. 7821 and 1273 of 2003 by the Andhra Pradesh Administrative Tribunal, Hyderabad, and to quash the same holding as erroneous and contrary to law.3. Brief facts are that the respondent worked as Co-operative Sub-Registrar in the office of Commissioner for Co-operation and Registrar of Co-operative Societies Hyderabad from 1989 till September 1992. During the said period, he also acted as Secretary of Sri Bhavana Rushi Co-operative Housing Society Limited (for short 'Society'). On the al...
Kotlamarri Narayana Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2009(4)ALT125
ORDERN.V. Ramana, J.1. This Writ Petition is filed questioning the proceedings, dated 20.06.2008, issued by the second respondent-Tahsildar, Dharmavaram, directing the Station House Officer, Dharmavaram, to consider the request of respondents 4 to 6 for grant of police protection.2. It is the case of the petitioner that his father and father of respondents 4 to 6 are brothers. His father was in possession and enjoyment of land admeasuring Acs.5.05 cents and Acs.5.85 cents in survery Nos. 499-1 and 424, respectively, situated at Kuntur Village, Anantapur District. While so, respondents 4 to 6 filed O.S. No. 203 of 2003 on the file of the Junior Civil Judge, Dharmavaram, against the petitioner and his family members seeking permanent injunction in respect of the property in question. Along with the suit, they also filed I.A. No. 392 of 2003 for temporary injunction, which is still pending.3. It is further stated that by suppressing the pendency of the civil suit, respondents 4 to 6 appro...
Yelamarthi Jaya Lakshmi (Died) Per L.R. Vs. Devilal Janwar and ors.
Court: Andhra Pradesh
Decided on: Sep-19-2008
Reported in: 2009(3)ALT372
P.S. Narayana, J.1. Facts in brief: The unsuccessful plaintiff in O.S. No. 36/88 on the file of II-Additional District Judge, East Godavari District, Rajahmundry is the appellant. The defendants therein are the respondents in this appeal.The suit was originally instituted as O.S. No. 158/84 on the file of Sub-Court, Rajahmundry and the same was transferred and re-numbered as O.S. No. 36/88 on the file of II-Additional District Judge, East Godavari District, Rajahmundry. The appellant-plaintiff died during the pendency of the appeal and appellant No. 2 was brought on record as the legal representative of the sole appellant by order dt.3-11-2003 in C.M.P. No. 26023/2003. The appellant-plaintiff filed the suit against the respondents-defendants for recovery of Rs. 1,98,215-25 ps., with subsequent interest on the strength of equitable mortgage. The borrowing of the amounts on the strength of promissory note and also creation of the mortgage by deposit of title deeds had been pleaded by app...
Darsi Sudhakar Rao Vs. Municipal Corporation of Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Sep-18-2008
Reported in: 2008(6)ALD253; 2008(6)ALT424
ORDERV.V.S. Rao, J.1. The petitioner is owner of plot No. 459, Road No. 19, Jubilee Hills, Hyderabad. He constructed a residential house bearing door No. 8-2-293/82/A/459. On 28.8.2003, he submitted an application to Municipal Corporation of Hyderabad (MCH) now Greater Hyderabad Municipal Corporation (GHMC); seeking permission for extension of existing ground and first floors. The application was rejected by a communication dated 4.9.2003. The Corporation raised three objections for granting permission. The petitioner, therefore, submitted a reply on 8.9.2003. He also submitted another letter on 15.9.2003. After waiting for sometime petitioner sent one more letter dated 4.10.2003 informing that he would be commencing construction strictly as per the plans on Vijayadasami day. In support of the same he quoted G.O. Ms. No. 423 dated 31.7.1998 (G.O., for short). He also requested for dispatch of discharge of approved plan. The Corporation did not respond. Ultimately by communication dated...
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