Andhra Pradesh Court September 2009 Judgments

Lakdey Ashok Vs. Government of A.P. Rep. by Its Principal Secretary (R ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT677

ORDERNooty Ramamohana, Rao, J.1. This writ petition has been instituted seeking a declaration that the dismissal from service of the writ petitioner ordered by the State Government through their G.O.Ms. No. 575, dated 8.6.2009 as illegal.2. The writ petitioner was working as Mandal Revenue Inspector at the relevant point of time. The Inspector of Police, Anti Corruption Bureau, Sanga Reddy, Nizamabad Range, has filed charge sheet against the writ petitioner on the file of the Principal Special Judge for SPE & ACB Cases, Hyderabad, alleging the commission of offences under Sections 7 & 13(1)(d) r/w Section 13(2) of The Prevention of Corruption Act, 1988 by the petitioner. It is alleged that the original complainant approached the writ petitioner with a request to enter his name and the names of his brothers in the pahanis and in the 'record of rights' based upon certain orders passed by the civil court. For discharging this official act, the writ petitioner was alleged to have demanded ...

Telagareddy Yesu Rama Eswara Prasad and anr. Vs. Life Insurance Corpor ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT51

ORDERA. Gopal Reddy, J.1. This revision under Article 227 of the Constitution of India is directed against the orders of the Senior Civil Judge, Kothapeta dated 05-11-2007 in allowing I.A.2009 of 2005 in O.S. No. 61 of 2003 filed under Order I Rule 10 CPC to add petitioners therein, who are sons of the 1st defendant, as defendant Nos. 3 and 4 in the suit.2. The 1st respondent - Corporation herein instituted the above suit for recovery of the loan amount availed by the 1st defendant, in a mortgage deed by creating a mortgage, for construction of commercial shopping complex in his name. It also filed LA. stating after filing the suit they came to know about the death of the 1st defendant. The 2nd defendant, who is the husband of the 1st defendant, on receipt of summons appeared before the court through advocate and filed vakalat, therefore they served a memo on the Counsel for the 2nd defendant to inform the date of death of the deceased 1st defendant, the names and addresses of legal re...

Erla Susheela and ors. Vs. Union of India (Uoi) Rep. by Its General Ma ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT428

L. Narasimha Reddy, J.1. Erla Narasinga Rao, the husband of the 1st appellant, father of the 2nd appellant, son of appellants 3 and 4, and brother of appellants 5 and 6, was a resident of Luxettipet village of Adilabad District. On 24-3-1998, he went to Kolanur. Narasinga Rao, wanted to proceed to Sirpur Khagaznagar. He is said to have purchased the ticket at Kolanur Railway station, for Train No. 321. He died in an accident. The dead body was found on the tracks, and on a memo issued by the Station Master, F.I.R. was registered, to the effect that in the Kolanur station yard, at point No. 20/A, a dead body, which was cut into two pieces, was found on the track, at 8.20 hours. Inquest was prepared on 24-3-1998. It was mentioned that the deceased died in his attempt to board the train.2. The appellants filed O.A.A. No. 150 of 1998 before the Secunderabad Bench of the Railway Claims Tribunal (for short 'the Tribunal'). They pleaded that the deceased died in an untoward incident, and that...

The Addl.Asst.Engineer, Kothapeta, Apcpdcl and Others Vs. N. Siva Sena ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the opposite parties against the order of the District Forum awarding Rs.10,000/- towards compensation for mental agony. 2. The case of the complainant in brief is that he has a domestic service electricity connection. In August, 2006, he received a bill for Rs.11,077/-. When he protested, they did not correct it. He did not receive any revised bill and on that he approached Ombudsman, who by his order dated 07.04.2007, directed the appellants Electricity Board that the excess amount collected from him in August 2006, less the amount already adjusted in subsequent bills, be refunded with interest at 24% per annum, besides compensation of Rs.1,975/- by adjusting in the bill of April, 2007 and Rs.500/- towards expenses. Since the Electricity Board did not comply the said order, he filed the complaint claiming the said amount besides compensation of Rs.25,000/- towards mental agony. 3. The appella...

Gopana Subba Rayudu Vs. Pasupuleti Venkata Ramana and ors.

Court: Andhra Pradesh

Reported in: 2009(6)ALT117

ORDERL. Narasimha Reddy, J.1. The Government of Andhra Pradesh acquired an extent of Act 18.26 cents of land in Sy. No. 1462 of Poli Grama Polam, Rajampet Mandal, Kadapa District, and an award was passed therein. At the instance of the petitioner, the matter was referred to the Court of Senior Civil Judge, Rajampet, under Section 18 of the Land Acquisition Act (for short 'the Act'), and it was taken up as LA.O.P. No. 40 of 1997. After the decree passed therein became final, the petitioner filed E.P. No. 36 of 2006, for recovery of the balance of compensation.2. Respondents 1 and 2 filed E.A. No. 192 of 2007, under Rule 58 of Order XXI C.P.C., stating that they are entitled to be paid the amount of compensation. The petitioner opposed that application. Through its order, dated 04-04-2008, the Executing Court allowed the E.A. Hence, this revision petition.3. Learned Counsel for the petitioner submits that the very filing of E.A., under Rule 58 of Order XXI C.P.C., was untenable, inasmuch...

Sri Vedula Narayana Rao Vs. M/S R.K. Ownship and Estates Pvt. Ltd. Rep ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

(As per Sri K. Satyananad, Member) This is an appeal filed by the unsuccessful complainant questioning the order of the District Forum rejecting his claim. The facts of the case are briefly as follows: The complainant approached the opposite party, a realtor, with a view to purchase a plot measuring 400 sq.yds. Accordingly on 8-6-2006 he paid Rs.1,60,000/- and agreed to pay the balance of Rs.3,20,000/- at the time of registration. Originally the opposite party allotted plot No.59 to the complainant but later the opposite party changed it to 67 against the wishes of the complainant. The disappointed complainant decided to pull out from the deal and therefore demanded the refund of the amount with interest. On 6-1-2007 the opposite party refunded only an amount of Rs.1,39,500/- but a balance of Rs.20,500/- along with interest remained outstanding due from the opposite party who failed to develop the lay out and further changed the plot number. Inspite of legal notice got issued by the co...

Ch. Krishnaiah S/O. Balaramaiah Vs. Ch. Prasada Rao S/O. Jwala Ramaiah

Court: Andhra Pradesh

Reported in: AIR2010AP19; 2009(6)ALT82

ORDERV.V.S. Rao, J.1. The following background of this case is not in dispute. Petitioner herein suffered a money decree for Rs. 40,495.08 with subsequent interest at stipulated rate in O.S. No. 614 of 1996 dated 26.4.1999 on the file of the Court of I Additional Junior Civil Judge, Nellore. He did not satisfy the decree. He unsuccessfully preferred appeal to the Court of I Additional District Judge, Nellore, which was dismissed on 30.1.2003. Thereafter, respondent filed execution petition being E.P. No. 446 of 2003 under Order XXI Rules 37 and 38 of Code of Civil Procedure, 1908 (CPC) for arrest of defaulting Judgment Debtor (J.Dr). It appears that executing Court passed ex parte order on 02.5.2006 ordering his arrest. He then filed interlocutory application under Order XXI Rule 106(3) of CPC, to set aside ex parte order dated 02.5.2006 contending that he has no means to satisfy the decree and that his arrest cannot be ordered. He also filed another interlocutory application (unnumber...

K. Ramachandra Rao Vs. State of Andhra Pradesh, Rep. by Its Secretary, ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT574

ORDERP.S. Narayana, J.1. This court issued Rule nisi on 17-06-2009.2. Counter affidavits had been filed.3. Though the matter is coming under the caption 'Interlocutory', at the request of the counsel on record the Writ Petition itself is being disposed of finally.4. The writ petitioner, K. Ramachandra Rao, filed the present writ petition for a writ of Mandamus or any other appropriate Writ declaring the impugned action of the respondents, particularly the 1st respondent in passing orders in Revision Petition filed by the petitioner, through Memo No. 29099/Pts.IV/A2/08-5, dt. 22-05-2009, without assigning any reasons and thereby dismissing the Revision Petition filed by the petitioner without following the due process of law as illegal, arbitrary and violative of principles of natural justice and consequently set aside the impugned Memo No. 29099/ Pts.IV/A2/08-5, dt.22-05-2009 and pass such other suitable orders.5. Ms. P.S. Bhramaramba Devi, learned Counsel representing the petitioner h...

Tella Koteswara Rao and ors. Vs. Land Acquisition Officer and Special ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT600

A. Gopal Reddy, J.1. This appeal under Section 54 of the Land Acquisition Act, 1894 (for shot 'the Act') is directed against the judgment and decree dated 11-10-2001 passed by the Senior Civil Judge, Bapatla in LA.0.P. No. 5 of 1999 answering the reference under Section 31(C) of the Act holding that the claimants 1 to 5 together are entitled to half share and claimants 6 and 7 together entitled to the remaining half share in the compensation of the acquired lands.2. The facts in nutshell are as under:3. An extent of Ac.5.83 cts. of land in Sy. No. 49-3A of Palaparru village in Pedanandipadu Mandal was acquired for improvement of Vogero drain by publishing the substance of the notification under Section 4(1) of the Act in A.P. Gazette dated 20-02-1988. In view of dispute among the heirs of Peda Subbamma, owner of the land, the LAO referred the matter to the Civil Court under Section 30 of the Act to decide the entitlement of amount of compensation awarded.3. On reference being made to t...

Bank of India Vs. Vegi Venkateswara Rao and Bros. and ors.

Court: Andhra Pradesh

Reported in: 2010(1)ALT190

R. Kantha Rao, J.1. A.S. No. 1792 of 2000 arises out of the judgment and decree dated 30.12.1999 (after remand) passed by the I Additional Senior Civil Judge, Visakhapatnam in O.S. No. 307 of 1979.2. A.S. No. 1793 of 2000 arises out of the judgment and decree dated 30.12.1999 (after remand) passed by the I Additional Senior Civil Judge, Visakhapatnam in O.S. No. 116 of 1981.3. For the sake of convenience, the State (sic.) Bank of India, Branch Visakhapatnam will be referred as plaintiff and M/s. Vegi Venkateshwar Rao and Brothers etc. will be referred as defendants.4. The plaintiff bank filed O.S. No. 307 of 1979 before the trial Court for recovery of an amount of Rs. 5,01,129.22 ps. from the defendants basing on the equitable mortgage dated 08.04.1970.5. Whereas, the defendants filed O.S. No. 116 of 1981 against the plaintiff bank for rendition of accounts, recover of rent and for evicting the plaintiff bank.6. The pecuniary value of O.S. No. 307 of 1979 as on the date of institution ...