Andhra Pradesh Court April 2009 Judgments
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Lingamdinne Chandrasekhar Reddy and ors. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-09-2009
Reported in: 2009(15)ALT593
ORDERL. Narasimha Reddy, J.1. The petitioners feel aggrieved by an order, dated 13.03.2006, passed by the Joint Collector, Kadapa, the 1st respondent herein, in exercise of power under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the ROR Act').2. The facts, that gave rise to the passing of impugned order, are as under:There is a dispute as to the ownership of rights in survey Nos. 336 (Ac.0.56 cents) and 480 (Acs. 14.35 cents) of Sivapuram Village, Mydukur Mandal, Kadapa District. The petitioners assert that the land was owned by their ancestors and it has accrued to them by succession. Sri Anjaneyaswamy Temple, Sivapuram, also laid claim, vis-a-vis the land. The 7th respondent, one of the devotees, pleaded that the land was endowed to the Temple.3. At one stage, the proceedings under Section 145 of Cr.P.C., were initiated, in respect of the land. This was followed by issuance of proceedings, dated 18.02.2003, by the Mandal Revenue Officer, on the ...
Polepally Laxmaiah Vs. State of A.P., Rep. by Its Secretary, Panchayat ...
Court: Andhra Pradesh
Decided on: Apr-09-2009
Reported in: 2009(5)ALT398
ORDERL. Narasimha Reddy, J.1. The petitioner was elected as Sarpanch of the Gudur Gram Panchayat of Miryalaguda Mandal, Nalgonda District, in the year 2006. The District Collector, Nalgonda, the 2nd respondent herein, initiated proceedings under Section 249 of the A.P. Panchayat Raj Act, 1994 (for short 'the Act'), against the petitioner. On the basis of a complaint submitted by the Upa Sarpanch and certain Members of the Gram Panchayat, a show cause notice, dated 09.04.2007, was issued, in which six charges were framed. The petitioner submitted his explanation, on 04.05.2007. On receipt of the explanation, the 2nd respondent called for remarks of the Divisional Panchayat Officer, Miryalaguda, the 4th respondent herein, through the District Panchayat Officer, Nalgonda, the 3rd respondent herein. On a consideration of the same, he passed an order, dated 09.07.2007, directing removal of the petitioner from the office of Sarpanch. The petitioner filed an appeal before the 1st respondent. ...
S. Usha Rani @ Pavitra Vs. Bathula Sharath Kumar Goud
Court: Andhra Pradesh
Decided on: Apr-09-2009
Reported in: 2009(5)ALT571
ORDERP.S. Narayana, J.1. Heard Sri R. Radhakrishna Reddy, the learned Counsel representing the petitioner and Sri S. Lakshminarayana Reddy, the learned Counsel representing the respondent.2. The petitioner/wife filed the present Transfer C.M.P. under Section 24 of the Code of Civil Procedure (hereinafter in short referred to as 'Code' for the purpose of convenience) praying for transfer of O.P. No. 479 of 2007 originally filed before the Court of Principal Senior Civil Judge, Ranga Reddy District at N.T.R. Nagar and subsequently transferred and renumbered as O.P. No. 228 of 2008 before the Family Court, Ranga Reddy District at N.T.R. Nagar to the Court of Senior Civil Judge, Gadwal, Mahaboobnagar District, in the interest of justice and to pass such other suitable orders.3. Sri Radhakrishna, the learned Counsel representing the petitioner had taken this Court through the contents of the affidavit filed in support of the Transfer C.M.P. and would determination (sic. request) that in the...
Mandadi Satyanarayana Reddy and anr. Vs. Andhra Pradesh Legislative As ...
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(3)ALT324
Ramesh Ranganathan, J.1. 'The evil of political defections has been a matter of national concern. If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it. With this object, an assurance was given in the Address by the President to Parliament that the Government intended to introduce in the current session of Parliament an anti-defection Bill. This Bill is meant for outlawing defection and fulfilling the above assurance.'[Statement of Objects and Reasons for introducing the Tenth Schedule in the Constitution by the Constitution (Fifty-second Amendment) Act, 1985].2. Unprincipled defection is a political and social evil. People have grown distrustful of the emotive political exultations that such floor-crossings belong to the sacred area of freedom of conscience, or of the right to dissent or of intellectual freedom. The anti-defection law seeks to recognise the practical need to place the proprieties of political and per...
Padala Ramakrishna and ors. Vs. Commissioner of Appeals and Chief Comm ...
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(3)ALT516
ORDERL. Narasimha Reddy, J.1. The petitioners challenge the order, dated 28.02.2009, passed by the Commissioner of Appeals and Chief Commissioner of Land Administration, Hyderabad, the 1st respondent herein.2. The matter arises under the A.P. Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act').3. The extent of land involved in the matter is very small, namely, Ac.1.50 cents in R.S. No. 60/1 of P. Gavaravaram Village, Eluru Rural Mandal, West Godavan District. However, the litigation, in respect of the same, is going on for the past three decades.4. The land is part of an Estate, originally owned by Yedvalli Venkatacharyulu. After changing several hands, be it, through sale or succession, it accrued to Muddada Appala Swamy, Pydaiah and Padala Venkanna, through a sale deed, dated 07.11.1951. The petitioners are the legal heirs of the esid three persons.5. Consequent on the abolition of estates through the Act, Appaia Swamy filed an application before the Sett...
New India Assurance Company Ltd. Vs. A. Narsimhulu and anr.
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(4)ALT162
V.V.S. Rao, J.1. First respondent is workman of second respondent, who is owner of lorry bearing No. AP 23 U 57. While he was on duty as driver on lorry, vehicle met with an accident on 30-01-2003. Workman suffered injuries. He was operated upon. His right leg was shortened through surgery for fracture and steel rods were inserted. In his application before Commissioner for Workmen's Compensation and Assistant Commissioner of Labour III, Hyderabad, (Commissioner, for brevity) under Section 22 of the Workmen's Compensation Act, 1923 (the Act, brevity), he claimed Rs. 4,00,000/- as compensation. Same was opposed by insurer. On ' considering evidence learned Commissioner awarded Rs. 3,36,769/- (2674 X 60/100 X 209.92). While doing so, age and income of workmen was treated as 28 and Rs. 2,674/- per month based on minimum wage notification issued by Government of Andhra Pradesh.2. In this appeal learned Counsel for appellant - insurer raised two contentions. When Doctor - A.W.2 who gave Ex....
Qazi Mohammed NajamuddIn HussaIn Vs. Government of A.P., Minorities an ...
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(4)ALT652
ORDERL. Narasimha Reddy, J.1. The father of the 3rd respondent was functioning as Khazi for the Secunderabad area. He made a request to the Government of Andhra Pradesh Minorities Department, the 1st respondent herein, to appoint his son, the 3rd respondent, as Khazi. Acceding to the request, the Government issued G.O.Ms. No. 29, dated 05-09-2007, appointing the 3rd respondent as Khazi. The petitioner is functioning as a Khazi in the same area, on being recognized by the Atiyat Court. The petitioner challenges the G.O., on several grounds.2. It is contended that the post of Khazi for Hyderabad and Secunderabad is governed by the Farman and declarations issued by the erstwhile Ruler, Nizam, and that 1st respondent has no power or jurisdiction to appoint Khazis. It is also stated that the Khazi Act, 1880 (for short 'the Act') has no application for the area known as Quilla, Mohammed Nagar, which covers Hyderabad and Secunderabad Cities. The petitioner further contends that even otherwise...
Taurus Homes Private Limited and ors. Vs. Joint Collector No. 1 and or ...
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(4)ALT627
ORDERL. Narasimha Reddy, J.1. That there is decline in the moral and ethical values in the society, is a recognized fact. The unhealthy, unwarranted and unsustained growth in the value of the land, particularly around the city of Hyderabad, has virtually led to disappearance of even the left-over values of life of many, in the area. The instant case discloses that, people are prepared to stoop down to any levels, in their mad hunt for money, and they are prepared to choose any means to reach that end. The case on hand, presents an example, in this regard.2. The land in various survery numbers of Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, was a Jagir. One Mr.Suryar Jung held an extent of 117 acres of land in survey Nos. 63, 68 to 71, 75, 84, 90, 95 to 101, 108, 110, 111 and 118 to 120. From the year 1951 onwards, the name of one Mr. Maddi Satyanarayana Reddy appeared as pattadar of Acs.70.39 guntas of land in survey Nos. 108, 109, 110 and 111 of the said village. I...
National Insurance Co. Ltd. Rep. by Divl. Manager Vs. T. Lakshmi Devi ...
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(5)ALT468
S. Ashok Kumar, J.1. This Civil Miscellaneous Appeal is filed aggrieved over the Award dated 21-4-2008 passed in MVOP. No. 564 of 2006 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-Principal District Judge, Kurnool.2. The aforesaid claim petition was filed by the claimants, claiming compensation of Rs. 5,00,000/- on account of death of one T.Prasad in a motor vehicle accident that took place on 9-6-2005. It was averred in the claim petition that on 9-5-2005 at about 1.00 PM the deceased-T.Prasad was proceeding on the tractor-Trailer bearing Registration Nos. AP.21 V.2919 and AP 21V. 2920 as driver. When the said tractor was crossing the unmanned railway gate No. 137 in between Kurnool town and Dupadu Railway Station, it being driven in rash and negligent manner, dashed against a train, as a result of which, the deceased died on the spot. It was further averred that at the time of death, the deceased was aged 29 years and used to earn Rs. 4,000/- per month. The claimants ...
National Insurance Co. Ltd. Rep. by Its Divisional Manager Vs. B. Rudr ...
Court: Andhra Pradesh
Decided on: Apr-08-2009
Reported in: 2009(6)ALT272
S. Ashok Kumar, J.1. This Civil Miscellaneous Appeal is filed aggrieved over the Award dated 21-4-2008 passed in MVOP. No. 566 of 2006 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-Principal District Judge, Kurnool.2. The aforesaid claim petition was filed by the claimants, claiming compensation of Rs. 5,00,000/- on account of death of one B. Maddileti in a motor vehicle accident that took place on 9-6-2005. It was averred in the claim petition that on 9-5-2005 at about 1.00 p.m. the deceased-B. Maddileti was proceeding in the tractor-Trailer bearing Registration Nos. AP-21 V.2919 and AP21V. 2920 as a coolie. While the said tractor was crossing the unmanned railway gate No. 137 in between Kurnool town and Dupadu Railway Station, it being driven in rash and negligent manner, dashed against the train, as a result of which, the said B. Maddileti died on the spot. It was further averred that at the time of accident, the deceased was aged 45 years and earning Rs. 4,000/- per ...
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