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Andhra Pradesh Court April 2009 Judgments

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Apr 28 2009

Sri Neelayamma Choultry Rep. by Its Manager, Sri B. Trimurthulu Vs. th ...

Court: Andhra Pradesh

Decided on: Apr-28-2009

Reported in: 2009(4)ALT755

L. Narasimha Reddy, J.1. The petitioner is a choultry registered under the A.P. Charitable and Hindu Religious Institutions and Endowments Act (for short 'the Act'). It was endowed an extent of Ac.23.24 cents of land in T.S. No. 36, M.N. Ward of Kothapeta, Vizianagaram District, way back in the year 1884. However, pattadar pass books in respect of the said lands were issued in favour of respondents 2 to 7, on the basis of a purchase made by them, in the year 2000, from the 8th respondent. The Mandal Revenue Officer, Vizianagaram, submitted letters/reports before the Revenue Divisional Officer, the 1st respondent herein, stating that the petitioner had title over the land, and that the same was determined by the Court of District Judge, Visakhapatnam, in O.S. No. 6 of 1951. Acting on the same, the 1st respondent cancelled the pattadar pass books issued in favour of respondents 2 to 7, through proceedings dated 22-04-2003.2. Respondents 2 to 7 filed W.P. No. 7722 of 2003, challenging the...


Apr 28 2009

Singireddy Narasimha Reddy and anr. Vs. Govt. of A.P. Rep. by Its Prin ...

Court: Andhra Pradesh

Decided on: Apr-28-2009

Reported in: 2009(15)ALT579

L. Narasimha Reddy, J.1. Both the writ petitions are filed challenging the same proceedings, and the petitioners in them are brothers. The respondents 1 and 2 are common in the writ petitions. Hence, they are disposed of through a common judgment.2. For the sake of convenience, the parties are referred to, as arrayed in W.P. No. 2412 of 2009; and the petitioner in W.P. No. 7715 of 2009 is hereafter add8(4)ressed as 2nd petitioner.3. Singireddi Sathi Reddy owned Ac.43.15 guntas of land in different survey numbers of Nadargul Village, Saroornagar Mandal, Ranga Reddy District. The village is within the Hyderabad Urban Agglomeration, as defined under Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'). Sathi Reddy died before the Act came into force. His property devolved upon his wife, Nagamma, and his two sons, the petitioners herein, in equal shares. The petitioners and their mother filed separate declarations before the Special Officer and Competent Authority, the 2nd r...


Apr 28 2009

Depot Manager, Apsrtc Vs. Depot Secretary, Apsrtc, National Mazdoor Un ...

Court: Andhra Pradesh

Decided on: Apr-28-2009

Reported in: 2009(4)ALT632

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of certiorari to quash award, dated 25.06.2007 passed in I.D. No. 104 of 2002.2. Having heard Sri C.Prakash Reddy, learned Standing Counsel for the petitioner, I am satisfied that the writ petition is liable to be dismissed on two grounds, namely, (1) the petitioner failed to explain the delay of more than 1 1/2 years in filing the present writ petition after publication of award, dated 25.06.2007, on 04.10.2007, and (2) even on merits, there is no reason to interfere with the well reasoned award of respondent No. 2 - Labour Court.3. As regards the first ground, the petitioner Corporation, unlike its workmen, is backed by strong legal department, which is expected to closely monitor the stages of the cases, render timely advice and ensure filing of cases with expedition. Therefore, there can be no reason whatsoever for it to cause undue delays in approaching this Court questioning the awards. Of late, it has become ...


Apr 28 2009

Mendaguthiti Veera Venkata Anand and ors. Vs. Revenue Divisional Offic ...

Court: Andhra Pradesh

Decided on: Apr-28-2009

Reported in: 2009(5)ALT456

L. Narasimha Reddy, J.1. The petitioners in W.P. Nos. 4628, 4863, 5055 and 5193 of 2009 were elected as Upa-Sarpanches of different Gram Panchayats. The petitioners in W.P. Nos. 6429 of 2009 were elected as Presidents of Mandal Parishads, and petitioner in W.P. No. 4766 of 2009 was elected as Vice-President of Mandal Parishad. The election to the said offices is indirect. While the Upa-Sarpanches of the Gram Panchayats are elected from among the Ward Members, the Presidents and Vice-Presidents of Mandal Parishads are elected from among the Mandal Parishad Territorial Constituency Members (MPTC). The procedure in this regard is prescribed by the A.P. Panchayat Raj Act, 1994 (for short 'the Act') and the Rules made thereunder.2. Section 245 of the Act provides for Motion of No-Confidence against Upa-Sarpanches of Gram Panchayats, and Presidents or Vice-Presidents of Mandal Parishads, etc. The requisition for tabling the Motion of No-Confidence is to be signed in the prescribed form, by n...


Apr 27 2009

Sri Sai Sanitation Social Service Organization Vs. Government of A.P. ...

Court: Andhra Pradesh

Decided on: Apr-27-2009

Reported in: 2009(5)ALT653

ORDERL. Narasimha Reddy, J.1. Providing facilities of education and health was treated as basic obligation by the foreign rulers, as well as indigenous monarchs. Irrespective of the party in power, claims are made for substantial development of the country, or the state, in several fields, ever since the country became free from foreign rule. Hundreds and thousands of crores of rupees are spent on populistic schemes. However, over a period of time, important social sectors are either neglected or were given secondary importance.2. Maternity hospital at Sultan Bazar, Hyderabad, was established during the Nizam's rule, along with great institutions like, Osmania General Hospital, Orthopedic hospital at Erramanzil, which is later named as Nizam's Institute of Medical Sciences, Mental Hospital at Erragadda etc. Decades after independence, the State Government finds itself in a position of not being able to provide the basic facilities in those hospitals, such as to construct toilets. It ha...


Apr 24 2009

Khanapuram Gandaiah S/O Late Balaiah Vs. the Administrative Officer, R ...

Court: Andhra Pradesh

Decided on: Apr-24-2009

Reported in: AIR2009AP174; 2009(4)ALT184

ORDERAnil R. Dave, C.J.1. Being aggrieved by the orders dated 23.11.2006, 20.01.2007 and 20.11.2007 passed by respondent Nos. l to 3 respectively dismissing the petition and appeals filed by him under the Right to Information Act, 2005 (for short, 'the Act'), the petitioner has filed this writ petition. In this petition, the petitioner has also prayed for a direction to respondent No. l to provide the information, asked by him vide his application dated 15.11.2006, from respondent No. 4. By virtue of the order dated 23.11.2006, respondent No. 1 had rejected the said application and respondent Nos. 2 and 3 have confirmed the order of respondent No. 1 in the first and second appeals filed by the petitioner.2. The facts giving rise to the present litigation in a nutshell are as under:Petitioner claimed to be in exclusive possession of Ac.8-35 gts. of land bearing Survey No. 284 of Puppalaguda Village, Rajendernagar Mandal, Ranga Reddy District as a Khouldar (cultivator) thereof. In the ye...


Apr 24 2009

Kolapalli Murali Krishna and ors. Vs. Bommadevara Krishna Murthy (Died ...

Court: Andhra Pradesh

Decided on: Apr-24-2009

Reported in: 2009(4)ALT749

ORDERP.S. Narayana, J.1. This Civil Revision Petition is coming up 'for admission'.2. Heard Sri P. Rajasekhar, the learned Counsel representing the revision petitioners and Sri Mohd. Moinuddin representing Sri Wasim Ahmed Khan, the learned Counsel representing R6.3. It is stated that Sri Wasim Ahmed Khan had lodged caveat on behalf of R6. It is shown that R3 to R5 are not necessary parties in the above civil revision petition and the first respondent is no more.4. This Civil Revision Petition is filed by the unsuccessful petitioners/plaintiffs being aggrieved of an order, dated 24th day of March, 2009, made in I.A. No. 161 of 2008 in O.S. No. 846 of 2002 on the file of the IV Additional Senior Civil Judge, (Fast Track Court), Vijayawada.5. The above said application i.e., I.A. No. 161 of 2008 was filed by the petitioners/plaintiffs praying for permission to amend the plaint by incorporating the material facts, which had been averred in the affidavit, filed in support of the application...


Apr 24 2009

Suryapaga Ravikumar Vs. Pakkela Ramarao and anr.

Court: Andhra Pradesh

Decided on: Apr-24-2009

Reported in: 2009(5)ALT574

G. Bhavani Prasad, J.1. The appeal is directed against the judgment and decree in O.S. No. 42 of 1999 on the file of Senior Civil Judge's Court, Kavali, dated 10-06-2003, while the civil revision petition is directed against the order in E.A. No. of 2007 in E.P. No. 24 of 2006 (34 of 2006 ?) in O.S. No. 42 of 1999 of the same Court, dated 08-06-2007.2. O.S. No. 42 of 1999 was filed for recovery of Rs. 2,49,302/- with interest and costs on the basis of a mortgage, dated 26-12-1991 for Rs. 80,000/- agreed to be repaid with interest at 18 per cent per annum with triennial rests. The mortgage of the plaint schedule property was not redeemed and as no payment was made in spite of demands, the suit was filed for recovery of principal with the contractual interest (triennially compounded) by sale of the mortgaged property, if not redeemed within the time to be fixed by the Court, along with future interest from the date of the suit till realization and costs.3. The suit was resisted contendin...


Apr 24 2009

Dr. Ganta Noble and ors. Vs. V. Paul Himamsu and ors.

Court: Andhra Pradesh

Decided on: Apr-24-2009

Reported in: 2009(6)ALT345

ORDERNooty Ramamohana Rao, J.1. This application has been moved seeking intervention for constituting the Arbitral Tribunal for resolving the disputes that have cropped up between the parties. The 6th applicant is a society, which is registered under the provisions of the Andhra Pradesh Societies Registration Act. It is asserted that the 1st applicant was the Secretary-cum-Correspondent of the said society. As per Bye-law No. 5 of the 6th respondent society, the Executive Body shall consist of nine members and as per Bye-law No. 6, the General Body of the society shall meet once in every year in the month of June to elect the Executive Body, though the General Body can be convened at any time by the Executive Body giving ten days notice therefore. The Executive Body was required to meet once in a month or at such earlier point of time. The quoram for the meeting of the General Body and the Executive Body has been fixed as 2/3rd of members. It is represented that the 6th applicant socie...


Apr 23 2009

Koya Venkata Krishna Rao and anr. Vs. Patchava Anasuya and anr.

Court: Andhra Pradesh

Decided on: Apr-23-2009

Reported in: 2009(5)ALT718; 2009(5)ALD323; AIR2009AP2491

ORDER P.S. Narayana, J. 1. Heard Sri Gopal Das, the learned Counsel representing the Revision Petitioners and Sri Kalyan Singh representing Sri M.S. Ramchandra Rao, the Counsel for R.1. 2. The Civil Revision Petition is filed by the Revision Petitioners being aggrieved of an order made in I.A. No. 442 of 2007 in O.S. No. 147 of 2002 on the file of Principal Senior Civil Judge, Guntur. 3. Sri Gopal Das, the learned Counsel representing the Revision Petitioners would maintain that the learned Principal Senior Civil Judge, Guntur totally erred in dismissing the application filed under Section 10 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) having observed that though essentially the parties involved are the same and the subject matter in both the suits also being the same, on the ground that the causes of action in these suits being different, definitely cannot be sustained. The Counsel also pointed out to the lan...


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