Court : Andhra Pradesh
Decided on : Dec-14-2006
Reported in : 2007(2)ALD45
..... the permission, it shall be deemed to have been permitted the proposed permission and the owner may go ahead with the work. it is also stated that section 2(12) of a.p. panchayat raj act, 1984 states that the executive authority means panchayat secretary appointed to each gram panchayat. it is also further stated that the petitioner had not received any ..... to make construction under the provisions of rule 22 of layout and building rules, 2002. the 1st respondent, who is the executive authority of the gram panchayat, is bound to act in accordance with law.6. the impugned order is in telugu and the translated version of the same reads as hereunder:in the above reference representation for building permission along .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-14-2006
Reported in : 2007(2)ALD635
..... , the award passed by the collector cannot be quashed and if the interested persons come to know about the award, they can seek reference under section 18 of the act without any bar of limitation affecting their rights. simply because notice to the interested persons is necessary, the award passed cannot be set aside on ..... land to person interested, service of notice is mandatory and though the petitioner is subsequent purchaser, in view of the fact that notice under section 9(3) of the land acquisition act 1894 being mandatory, he is entitled to the notice.27. the learned standing counsel representing respondents 1 and 2, specifically had drawn the attention ..... given in this regard. the alleged tenant to agitate his rights, if any, praying for the apportionment of compensation by making appropriate application under section 18 of the land acquisition act, if the writ petitioner is so advised. the learned standing counsel also would contend that in a matter of this nature, the bona fides .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(2)ALD519; 2007(2)ALT620
..... officer not below the rank of mandal revenue officer authorized by district collector to take possession of the assigned land for contravention of section 3 of the prohibition act. in other words, the mandal revenue officer authorized by the district collector has coequal jurisdiction along with the district collector to render ..... pradesh assigned lands (prohibition of transfers) rules, 1977 (for short 'the prohibition rules'), enables the district collector to delegate the power under section 5 of the prohibition act, and therefore, the impugned letter issued by the second respondent to the fourth respondent is valid. he placed considerable emphasis on the letter ..... 2006. the petitioners then approached the fourth respondent for registration. they came to know about the impugned proceedings, whereunder registration is prohibited under section 5 of the prohibition act.3. the second respondent filed a common counter-affidavit. it is stated that the land in survey nos. 27 and 28 is classified .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(2)ALD136
..... 517, dated 4-10-1974, a.p.g.g., r.s.p.i., dated 31-10-1974, made in exercise of the powers conferred by sub-section (1) of section 326 of the andhra pradesh municipalities act, 1965, would govern the present case.12. rule 3 of the said rules, dealing with transfers by voluntary action of owner, read as hereunder:in case ..... and other encroachers, they were allowed to remain there. in the year 1979, the father-in-law of the petitioner was prosecuted for the offence punishable under section 346/360 of a.p. municipality act and was sentenced to pay fine of rs. 50/-. it is further stated that the petitioner's husband, her father-in-law and other family members ..... , violation of principles of natural justice, violation of articles 14, 16 and 21 of the constitution of india and contrary to the rules framed under the a.p. municipalities act and be pleased to set aside the same and consequently direct the 1st respondent not to mutate the house property in the name of 2nd and 3rd respondents and pass .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(2)ALD302; 2007(2)ALT491
..... 12-4-2004. the tenants filed applications in i.a.nos.160, 162 and 165 of 2004 in r.c. nos. 4 to 6 of 2004 respectively under section 5 of the limitation act to condone the delay of 26 days in filing the petitions to set aside the ex parte orders dated 16-2-2004 and also filed i.a. nos ..... the respondents are hereinafter referred to as the tenants.4. the eviction petitions in r.c. nos. 4 to 6 of 2004 filed by the landlord under section 10(2)(i) of the act on the file of the i additional rent controller, hyderabad, were allowed ex parte by orders dated 16-2-2004 directing the tenants to vacate the suit premises ..... of estate has also been created inasmuch as lease is the transfer of an interest in immovable property within the meaning of section 5 of the transfer property act (wherein the phrase 'the transfer of property' has been defined) read with section 105, which defines a lease of immovable property as a transfer or a right to enjoy such property. it is neither .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(3)ALD369; 2007(2)ALT508
..... within fifteen days on receipt of this notice, to facilitate uninterrupted transmission of energy faling which our department will be obliged to initiate action under section 18 of i.e. act, 1910 and you will be held liable for all consequences.8. rules 78 and 80 of the indian electricity rules, 1956, prescribed minimum distance ..... falls down subsequently. therefore, whether trees are planted prior or subsequent to placing the electricity lines, it makes no difference insofar as exercising power under section 18(3) of the act.7. in the impugned order, the respondent informed the petitioner as under.1. that the a.p. transco, under an approved scheme, laid ..... of the transmission lines, and therefore the respondent cannot compel the petitioner to remove the teak plants. he also submits that under section 18(3) of the indian electricity act, 1910 (the act, for brevity) the respondent is competent to remove the trees and structures, which are erected subsequent to placing the transmission line but .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(3)ALD634
..... the wife, parents, grand parents and son of gosala ramana (the deceased) who died in a motor vehicle accident filed a claim petition under section 166 of the motor vehicles act, 1988 (the act), seeking compensation of rs. 4,00,000/- from the respondents who are the owner and insurer of the jeep which was being driven by the ..... to establish that deceased did not die due to his negligence. therefore the appellants are not entitled to the compensation under section 166 of the act, they are entitled to compensation payable under section 140 of the act only.12. the learned counsel for appellant contended that the appellants may be given liberty to file an application under the ..... in d. satyanarayana's case (supra), a division bench of this court held that since the insurer will be liable for compensation to driver under section 3 of workmen's compensation act, even if the driver was negligent at the time of the accident, his rash and negligent driving is not a ground to deny compensation to him .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2006
Reported in : 2007(3)ALD722; 2007(4)ALT90; 2008(2)SLJ102(NULL)
..... competent authority, in his discretion, to decide. whether the service rendered by a railway servant to be categorized as dishonest, is his entire service or is even one such dishonest act sufficient to disentitle an employee for grant of compassionate allowance is a question which may require further examination. it is, however, unnecessary for this court to examine this question in ..... not reject the petitioner's request for grant of compassionate allowance on the ground of laches. not having taken the plea of laches in the earlier writ petition and having acted in accordance with the said order, in considering the representation of the petitioner on merits, it is not open for the respondents to now take the plea of laches for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-18-2006
Reported in : 2007(2)ALT263
..... control of the election commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the state under this act.section 13b. electoral registration officers:(1) the electoral roll for each parliamentary constituency in the state of jammu and kashmir or in a union territory not ..... sentence to read, 'all the district collectors in the state except hyderabad (urban) district are district election authorities as per sub-section (11) of section 2 of the said act,' the election commissioner has gone by this notification with rule 2(a) of the administrative machinery for the conduct of elections under ..... . road, secunderabad. it has issued notifications and made communications on the subject of the appointment of the election authorities and for functioning under section 11 of the act. copies of the notifications and some other communications of the state election commission are produced before us. notifications did not bear any number. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-18-2006
Reported in : 2007(2)ALD464; 2007(3)ALT69
..... the sale of immovable property by a person owing/claiming interest in the immovable property as under section 38-a of the act. the above section (section 38) also contemplates the procedure to set aside the sale. under sub-section (1) of section 38 of the act, within thirty days a person may make application to collector to set aside the sale on the ..... of the auction, it was noticed that, the procedure prescribed for publication of auction notice has not been properly followed. as per the provision contained under section 36 (2nd) of the act, the sale notice shall be issued fixing a period of month at least before the sale and to be placed in the collector's office, taluk ..... notings in the file.11. the submission that no power inheres in the district collector to cancel the auction conducted under the act is misconceived. sections 36, 37, 37-a and 38 to 44 of the act deal with sale of immovable property for realizing the arrears of land revenue on the sum which is deemed to be arrears .....
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