Andhra Pradesh Court April 2012 Judgments

Kamal Singh Bisht Vs. the Director General of Police, Central Reserve ...

Court: Andhra Pradesh

The petitioner, in this writ petition, seeks a writ of mandamus declaring the action of the third respondent in effecting pre-maturely retirement from service w.e.f. 01.04.2012 vide office order/show cause notice dated 31.08.2011, without considering his representations dated 27.03.2012 and 01.04.2012 for acceptance of voluntary retirement, as illegal and arbitrary, and consequently to direct the third respondent to accept his voluntary retirement as per the rules in force/as per 6th Pay Commission Recommendation on completion of 20 years of service. 2. Learned Standing Counsel appearing for respondent Nos.1 to 3 submits that the respondents having considered the past five years service record and Annual Confidential Reports (ACRs) of the petitioner, came to the conclusion that in the interest of the public, the petitioner should be prematurely retired from service w.e.f. 01.04.2012, and the said orders have already come into force. 3. Learned counsel for the petitioner submitted that ...

Abdul Jabbar Vs. Government of A.P., Rep., by Its Principal Secretary, ...

Court: Andhra Pradesh

The petitioner claims title and possession in respect of Ac.3-17 guntas of land bearing Municipal Plot No.129/49/D1, Banjara Hills, Shaikpet Mandal. It is stated that the said land originally was allotted to one Sri Abdul Lathifuddin @ Abdul Lathifkhan by the Jubilee Hills Development Authority and in turn he had gifted the same to the father of the petitioner on 16th Behman 1358 Falsi. The petitioner’s father continued in possession and enjoyment of the said property with absolute rights till his death. Thereafter the petitioner along with his brother and sister has succeeded to the same and has been continuing in possession and enjoyment by paying the taxes.  The Tahsildar, Golconda Mandal, has also granted Ryot Pass Book in favour of the petitioner.  That apart, on an application made by the petitioner, the Tahsildar, Golconda Taluk, Hyderabad District by memo dated 18.01.1984 certified that the said land is a patta land and there is no objection for transfer / mortg...

Ch. Pradeep Kumar and Another Vs. Padma Shakuntala

Court: Andhra Pradesh

This Second Appeal is directed against the judgment and decree dated 23.01.2012 delivered in A.S. No. 154 of 2008 by I Additional Chief Judge, City Civil Court at Secunderabad. Brief facts of the case are that the appellants herein are the defendants/tenants and the respondent herein is the plaintiff, who filed a suit in O.S. No. 374 of 2006 on the file of the Court of XI Junior Civil Judge, City Civil Court, Secunderabad against the defendants for vacating and delivering the vacant possession of the suit schedule property i.e. medical shop in the name and style of M/s.Priyanka Medicals at the ground floor situated in Sy.No.59/1/2, Karkana Main Road, Secunderabad and also seeking a direction to the defendants to pay future mesne profits @ Rs.9,500/- p.m. from March, 2006 till the date of delivery of possession of the schedule property. According to the plaintiff, she is the exclusive owner and landlady of the suit schedule property. The defendants are the tenants residing in a portion ...

Mir Khader Ali Khan and Others Vs. the District Registrar, Ranga Reddy ...

Court: Andhra Pradesh

The petitioners executed an agreement of sale - cum - General Power of Attorney (GPA) on 22.08.2007 in favour of Sri P. Madhusudan Reddy and three others in respect of Ac.701-00 of land in different Survey Numbers of Bahadurguda Village, Shamshabad Mandal. The document was registered in the office of the Sub-Registrar, Shamshabad, the 2nd respondent herein. Three years thereafter, the petitioners executed a deed of cancellation of agreement of sale - cum - GPA on 15.07.2010 and have presented for registration before the 2nd respondent. Through an endorsement, dated 17.07.2010, the 2nd respondent refused to register the document on the ground that it was not signed by all the parties to GPA and in particular the persons in whose favour the GPA was executed. Reference was made to Rule 26 (i) (k) of the Andhra Pradesh Rules under the Registration Act, 1908 (for short, ‘the Rules’). Aggrieved by the said endorsement, the petitioners filed appeal, under Section 72 of...

Vaddadi Rajeswari Vs. State of A.P., Rep. by Its Public Prosecutor

Court: Andhra Pradesh

1. This Criminal Petition has been taken out under Section 482 Cr.P.C by Vaddadi Rajeswari (A-4) in C.C.No.585 of 2011 on the file of IV Additional Chief Metropolitan Magistrate, Visakhapatnam to quash the proceeding therein in so far as she is concerned. 2.   Facts, in brief, are: - Daspalla Hills Guest House, Daspalla Hills, Visakhapatnam situates within the limits of III Town P.S., Visakhapatnam city. LW-4-Manne Venkata Sarweswara Prasad is the owner of Daspalla Hills Guest House. A-1-Kottapalli Srikanth was In-charge-cum-boy of Daspalla Hills Guest House owned by LW-4-Manne Venkata Sarweswara Prasad on a monthly salary of Rs.5,000/- since few months prior to the raid, i.e., 30-9-2011. A-1-Kottapalli Srikanth addicted to vices and in view of his meager earnings, he resorted to allow known persons and others to the Guest House who came with girls for sexual enjoyment, by taking additional amount of Rs.500/- from them and thereby, living on the illegal earnings. LW-7-P.V.Kri...

Smt. Sangeetha Upadhyay Vs. Smt. Chitangada

Court: Andhra Pradesh

This Civil Revision Petition arises out of order dated 02.02.2012 in I.A.No.967 of 2011 in O.S.No.1322 of 2011 on the file of the I-Senior Civil Judge, City Civil Court, Hyderabad. The respondent filed the abovementioned suit for eviction of the petitioner and payment of arrears of rent of Rs.96,000/-. Thereafter, the respondent filed I.A.No.967 of 2011, under Order XV A CPC, for a direction to the petitioner to deposit the arrears of rent from November, 2010 till the date of filing the suit and to strike out the defence if the petitioner fails to deposit the arrears of rent. The petitioner filed a counter affidavit wherein she has admitted tenancy and enhancement of rent from Rs.7,000/- to Rs.12,000/- with effect from 01.01.2010 under lease deed dated 10.01.2010. However, she has taken the plea that the petitioner and the respondent have entered into an agreement wherein the petitioner agreed to purchase the property for Rs.25,00,000/-, subject to the respondent getting the constructi...

A.P. State Textile Development Corporation Limited Vs. the Presiding O ...

Court: Andhra Pradesh

Common Order:- Since the facts of the case, issues involved and the parties are one and the same and common arguments have been advanced by the learned counsel in all these writ petitions, they are being disposed of by this common order. 2. W.P.No.12661 of 2001 has been filed challenging the order dated 12.07.2000 passed in M.P.No.95 of 1990 by the Presiding Officer, Labour Court, Guntur.  W.P.No.12662 of 2001 has been filed challenging the order dated 12.07.2000 passed in M.P.No.96 of 1990 by the Presiding Officer, Labour Court, Guntur.  W.P.No.3072 of 2009 has been filed challenging the order dated 16.11.2007 passed in M.P.No.6 of 2002 by the Presiding Officer, Labour Court, Guntur.  W.P.No.3097 of 2009 has been filed challenging the order dated 16.11.2007 passed in M.P.No.7 of 2002 by the Presiding Officer, Labour Court, Guntur. 3. In all these matters, the petitioner is A.P. State Textile Development Corporation Limited and the respondents are its employees.  Th...

Kothapalli Gram Panchayat Vs. the Govt. of A.P. and Others

Court: Andhra Pradesh

The petitioner is a Gram Panchayat located in the neighbourhood of Proddatur Town, Kadapa District. It consists of Kothapalli, Modameedipalle, Surveyreddypalle villages. On finding that the lands within the area of operation of the Gram Panchayat are being purchased in the shape of plots from unauthorised lay outs, the Sarpanch and the Secretary of the Gram Panchaayut have approached the Joint Sub-Registrar-I and the Sub-Registrar, Proddatur, respondents 4 and 5 herein, with a request not to entertain the sale deeds pertaining to the lands in the Gram Panchayat. They have also made a written representation dated 20.12.2010. The 4th respondent in turn informed the petitioners, through letter, dated 24.12.2010, that there is no prohibition against the registration of documents in relation to the plots in unauthorised or unapproved lay outs and instead, they can make efforts to get the properties under the purview of Section 22-A of the Registration Act, 1908 (for short ‘the ActR...

Kolli Buchi Kotaiah Vs. the Registrar of Firms and Others

Court: Andhra Pradesh

Reported in: 2012(5)ALD234

(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari calling for records leading upto and inclusive of the order of the 1st respondent in proceedings No.Firms/16025/2010 dt.18.1.2011 and quash the same holding it to be without jurisdiction is illegal, and arbitrary, W.P.P.M.P.3303 of 2011: Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court will be pleased to suspend the Order of the 1st respondent in proceedings No.Firms/16025/2010 dated 18/01/2011.) A Partnership Firm, by name, M/s. Sri Krishnaveni Poultry Needs was constituted in the year 1986, with five persons, by name, Kolli Buchi Kotaiah, Kolli Satyanarayana, Kolli Panduranga Rao, Kolli Rama Devi. In 08.09.1988, Kolli Venkata Padmanabham is said to have ...

Sri Vasavi Boys Hostel and Mess Vs. K. Satya Prasad

Court: Andhra Pradesh

This civil revision petition arises out of order, dated 28.06.2011, in I.A.No.1075 of 2010 in O.S.No.2037 of 2010, on the file of the learned V Additional Senior Civil Judge, City Civil Court, Hyderabad. The petitioner is the defendant in the suit filed by the respondent for eviction, recovery of arrears of rent and also for damages for unauthorised use and occupation of the suit premises. One P.Ramachandra Murthy, who claims to be the GPA of the respondent, pleaded that the latter is the absolute owner of the suit schedule properties and that since he is in USA, he is looking after and managing the property. He has further pleaded that he has let out the suit schedule property to the petitioner on a monthly rent of Rs.50,000/-, exclusive of maintenance, electrical and water charges, from December, 2009, and that the suit premises is being used for running a boys hostel. He, however, pleaded that the petitioner has paid monthly rents to him only for the month of December, 2009 and comm...