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Andhra Pradesh Court February 2012 Judgments

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Feb 03 2012

E.S. Sulochana Vs. P. Yogamba Lakshmi and ors

Court: Andhra Pradesh

Decided on: Feb-03-2012

C.V. NAGARJUNA REDDY, J.JUDGMENT:1. Feeling aggrieved by order dated 28-6-2011 in E.A.No.183/2006 in O.E.P.No.26/2004 in O.S.No.1/1998 on the file of the learned Senior Civil Judge, Puttur, the third party to the suit and the E.P. filed this Civil Revision Petition.2. The facts, which are relevant for disposal of this case, are summarized as under: Respondent No.1 filed the above mentioned suit against respondent No.2 for recovery of possession of the suit schedule property. Respondent No.1 claimed that she is the owner of the suit schedule property and that respondent No.2 is the tenant. Respondent No.2 remained exparte and exparte decree was passed on 24-2-1998. Respondent No.1 filed O.E.P.No.26/2004 for delivery of possession of the suit schedule property under Order XXI Rule 35 of the Code of Civil Procedure, 1908 (for short "the Code"). The lower Court issued warrant to the Bailiff, who, after visiting the suit schedule property, submitted his report stating that third parties are...


Feb 03 2012

Mangilipalli Parvathamma Vs. Anjamma and 6 Others

Court: Andhra Pradesh

Decided on: Feb-03-2012

HON'BLE SRI JUSTICE R. KANTHA RAO C.M.S.A. No.100 o03. 02-2012 Mangilipalli Parvathamma Anjamma & 6 others Counsel for the appellant: Sri G. Venugopal Reddy Counsel for the respondents: Government Pleader for Arbitration : Cases referred: (2008) 2 SCC 23.JUDGMENT: This C.M.S.A. arises out of a common judgment dated 13.5.2010 passed by the Principal District Judge, Nalgonda, in C.M.A. No.1 of 2008 and C.M.A. No.9 of 2010.2. I have heard the learned counsel appearing for the appellant. There is no representation for the respondents.3. For the sake of convenience I would like to refer the parties as petitioner and respondents i.e., as they were originally arrayed in the succession O.P. filed before the learned trial court.4. Mangilipalli Lingaiah hereinafter called the deceased was working as Head Master in Boinapally Primary School, Kanagal Mandal, Nalgonda District. He died on 28.7.2002. There was a dispute relating to his death benefits between the contesting parties to the case. T...


Feb 03 2012

E.S. Sulochana Vs. P. Yogamba Lakshmi and Others

Court: Andhra Pradesh

Decided on: Feb-03-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2787 o3. 2-2012 E.S. Sulochana P. Yogamba Lakshmi and others Counsel for petitioner : Sri S. Subba Reddy Counsel for respondent No.1 : Sri V. Jagapathi Counsel for respondent Nos.2 & 3 : -- CASES REFERRED 1 (1997) 3 SCC 69.2. 2010(2) ALT 9.(DB) 3. AIR 199.S.C....


Feb 02 2012

The Chief Engineer,apgenco, Ktps, Palonc Vs. Sri S.K. Nazar

Court: Andhra Pradesh

Decided on: Feb-02-2012

V. ESWARAIAH; K.G.SHANKER, JJ.JUDGMENT:1. Heard both the counsel.2. This writ appeal is filed by the A.P. GENCO aggrieved by the order dated 05.03.2010 passed by the learned Single Judge disposing of the Writ Petition No. 2993 of 2002 filed by the respondent herein directing the appellants herein to consider the case of the respondent along with other eligible candidates as per the orders of the Government in GO Ms. No. 98 Irrigation (Project Wing) Department dated 15.04.1986 considering him as a member of the displaced family though he is the grandson of the land loser.3. The respondent herein filed the above writ petition for providing employment under the land loser category for acquisition of land to an extent of Ac.8.10 guntas in Sy.No. 727/98 situated at Paloncha, Khammam District. It is the contention of the respondent herein before the learned Single Judge that he is an unemployee hailing from a poor displaced family, as the land of his grandfather was acquired by the appellant...


Feb 02 2012

Akkenapalli Sumander Reddy and ors Vs. the Govt. of A.P. and ors

Court: Andhra Pradesh

Decided on: Feb-02-2012

ORDER: 1. The petitioners claim to be the owners of different extents of land in various survey numbers of Ramsagar and Kistampet Village, Cherial Mandal, Warangal District. It is stated that on a representation made by the residents of the surrounding villages, the Government has initiated steps for restoration of a tank known as 'Polai Cheruvu' as a Percolation Tank under a special programme. Survey is said to have been conducted to identify the land that would be effected, in the event of the tank being brought into existence. The petitioners contend that without initiating any proceedings under the Land Acquisition Act, 1894 (for short 'the Act'), the respondents have brought into existence a tank and that their lands got sub-merged in it. On an earlier occasion, they filed W.P.No.23974 of 2002, pleading that the action of the respondents in rendering their lands to be sub-merged without initiating the proceedings under the Act, is arbitrary and illegal. The writ petition was dispo...


Feb 02 2012

K. Ramatulasi Rao Vs. State of A.P., Rep. by Its Principal Sec

Court: Andhra Pradesh

Decided on: Feb-02-2012

L.NARASIMHA REDDY, J.ORDER:1. The petitioner was granted a settlement patta by the Assistant Settlement Officer, under the Estates Abolition Act, in the year 1957, in respect of Ac.14.64 cents of land in Sy.No.36/2 of Kommadi village, Chinnagadili Mandal, Visakhapatnam District. He intended to sell the property in favour of an intending purchaser and approached the Sub-Registrar, with a request to furnish the particulars of market value, stamp duty, registration charges, etc. However, the land referred to above was included in a list appended to a notification dated 31-05-2005 issued by the Government, in exercise of power under sub-section (1) of Section 22-A of the Registration Act, 1908 (for short 'the Act'), amended through A.P Act 4 of 1999. In that view of the matter, the Sub-Registrar refused to furnish the particulars. The petitioner feels aggrieved by the said inclusion.2. The petitioner contends that once the settlement patta was granted, the question of it being treated, as ...


Feb 02 2012

Akkenapalli Sumander Reddy and Others Vs. the Govt. of A.P. and Others

Court: Andhra Pradesh

Decided on: Feb-02-2012

THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.33676 o02. 02.2012 Akkenapalli Sumander Reddy and others The Govt. of A.P. and others Counsel for the Petitioners : Sri D.Prakash Reddy Counsel for the Respondents: G.P. for Land Acquisition ORDER: The petitioners claim to be the owners of different extents of land in various survey numbers of Ramsagar and Kistampet Village, Cherial Mandal, Warangal District. It is stated that on a representation made by the residents of the surrounding villages, the Government has initiated steps for restoration of a tank known as 'Polai Cheruvu' as a Percolation Tank under a special programme. Survey is said to have been conducted to identify the land that would be effected, in the event of the tank being brought into existence. The petitioners contend that without initiating any proceedings under the Land Acquisition Act, 1894 (for short 'the Act'), the respondents have brought into existence a tank and that their lands got sub-merged in ...


Feb 02 2012

Smt. A. Navneetha and Others Vs. the Branch Manager, Axis Bank, Nizama ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-02-2012

Oral Order ( Per Honble Justice Sri D.Appa Rao. President ) The appellants are the unsuccessful complainants. The case of the first complainant is that her husband, late A.Rajendra Prasad, had an account with opposite party No.1 bank. He had a debit card linked to an insurance policy for a sum of Rs.2,00,000/-. While so, he died in a fire accident on 16-7-2008. When a claim was made, the amount was not paid. Therefore, she sought for a sum of Rs.2,00,000/- with damages of Rs.1,00,000/- and costs. Opposite party No.1 bank resisted the case. While admitting the issuance of the policy and coverage of insurance, however, stated that the coverage of insurance commences only after making one merchant transaction at any market outlet. Since the complainants husband did not transact even once utilizing the card, she was not entitled to the benefit under the policy. Opposite party No.2 equally resisted the case reiterating that the complainants husband has not utilized the card even once and wa...


Feb 01 2012

V.Lakshminarayana Varma Vs. Nallam Venkata Lakshmi and ors.

Court: Andhra Pradesh

Decided on: Feb-01-2012

Madan B. Lokur, J.1. The appellant is aggrieved by an order dt.10.10.2011 passed by the learned single Judge in W.P. No.31088 of 2010.2. The appellant was respondent No.3 before the learned single Judge in his official capacity.3. The grievance of the writ petitioner was that she had performed some work for the respondents under a resolution passed by the Gram Panchayat. She was not being paid the amounts due to her. On the contrary, the respondents, who were to sanction the amount, were asking her to pay some bribes. According to the writ petitioner, she paid a bribe of Rs.20,000/- to respondent Nos.3 and 4 in the writ petition, on 22.9.2009 and another sum of Rs.40,000/- to both these respondents on 29.3.2010. According to the writ petitioner, even though she paid the bribes to these officials, the amounts due to her were not sanctioned.4. In view of the serious and specific allegations made by the writ petitioner, the learned single Judge suo motu impleaded the Director General, Ant...


Feb 01 2012

Banothi Buri Bai Vs. Secretary, A.P.Residential Educational I

Court: Andhra Pradesh

Decided on: Feb-01-2012

SAMUDRALA GOVINDARAJULU, J.ORDER:1. The petitioner is father of the deceased boy by name B.Uday Shekar, belonging to Scheduled Tribe. The deceased was studying VII Class in the year 1998 in A.P. Residential School for Scheduled Tribes at Utnoor of Adilabad District. Alleging that the deceased was suspected to be a person who had stolen away foot wear of one student on 02.04.1998, the deceased was beaten by four students in that residential school. At the time of the said incident, the deceased suffered injuries. After taking permission from the school authorities on 04.04.1998, the deceased along with another boy was proceeding to parents' house of the deceased. After getting down the bus, the deceased fell down and died. Case in Crime No.6 of 1998 was registered by Jainoor Police under Section 302 I.P.C. against four boys who are said to have inflicted blows on the deceased. After conducting post-mortem on dead body of the deceased boy, post mortem examination certificate was issued b...


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