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Estate Officer and Manager (Recoveries), A.P. Industrial Infrastructur ...

Court : Andhra Pradesh

Reported in : AIR2004AP198; 2003(5)ALD599; 2003(5)ALT216; III(2004)BC290

..... the apiic has a right to resume the land for the failure on the part of the company to utilise the same for the purpose for which it was allotted since no title has been passed on to the company, both the cancellation orders are preceded by the required show-cause notices requiring the company to explain as to why appropriate action should not be taken in the matter and as to why ..... it is the case of the syndicate bank that as collateral security for the credit facilities availed by the company, its managing director deposited the title deeds of its immovable property with it and thus by virtue of deposit of title deeds, the company created equitable mortgage of its immovable property and before creation of said equitable mortgage it was satisfied that the government of andhra pradesh has granted ac. ..... be that as it may, the letter dated 3-8-1972 of the director of industries, which is vague and indefinite in its terms, cannot be treated and characterised as a document of title enabling the company to create charge as against the property belonging to the apiic the said letter is not even in conformity with clause 8 of the agreement, whereunder the government has agreed enabling the company to raise ..... the letter dated 3-8-1972 of the director of industries by itself does not confer any title and the said letter cannot be treated as a document of title enabling the company to deposit the same as title deed and create simple mortgage in respect of the lands belonging to the apiic. .....

Konda Lakshmana Bapuji Vs. Government of Ap, Hyderabad and Others

Court : Andhra Pradesh

Reported in : 1998(6)ALD644; 1998(6)ALT277

..... (central act 5 of 1908), the code of criminal procedure, 1973 or in the andhra pradesh civil courts act, 1972 (act 9 of 1972) any case in respect of an alleged act of land grabbing or the determination of questions of title and ownership to, or lawful possession of any land grabbed under this act shall subject to the provisions of this act, be triable in the special court and the decision of the special court shall be final.'33 ..... ex.b9, whose grant is invalid as the succession was traced to ex.b6 from persons who arc not holding any valid atiyat grant by the date act x of 1952 came intoforce, no title has passed to him under ex.b40, and consequently we hold the rival title set up by him is not true and valid and we record the finding in negative on issue(2).'15. in paragraph 91 of the order, the special court recorded its finding as regards the ..... . chief judge, city civil court, hyderabad) was filed impleading him and his vendor and also the petitioner-government wherein the title of his vendor was challenged, and he constructed therein a building with an undertaking that he will hand over the buildings to the plaintiff in good condition without ..... . as regards the issue nos.3 and 6 as to whether the special court has jurisdiction to entertain the suit which raises bona fide dispute of title or whether the respondent is a land grabber within the meaning of the act and that being the principal contention, it would be convenient to note rather exhaustively the observations of .....

Posani Subbaiah Vs. Doppalalpudi Chilakamma and ors.

Court : Andhra Pradesh

Reported in : 2004(2)ALD370; 2004(2)ALT475

..... p) the guardian ought to have taken and set up the alternative plea that the minors have a good title for acs.14-00 and half the house on the basis of the plea of family arrangement set up by ..... ought to have taken up all available precautions to protect and safeguard the interests of the minors raising all the available titles that support the case of minors; (q) the guardian ought to have challenged the entire decree of lower court in ..... ) on and after 1956; (p) the guardian ought to have taken and set up the alternative plea that the minors have a good title for ac.14-00 and half the house on the basis of the plea of family arrangement set up by the 2nd defendant. ..... the minors ought to have specifically set up the plea that the title of the 2nd defendant and the 3rd defendant and kistayya in the estate of nallayya got extinguished by 1956 by the law of limitation and thus a full title (possessory title) got ripened for the minors ancestor i.e. ..... the minors ought to have specifically set up the plea that the title of the 2nd defendant and 3rd defendant and kistayya in the estate of mallayya got extinguished by 1956 by the law of limitation and thus a full fledged title (possessory title) got ripened for the minors ancestor i.e. ..... by not adducing such evidence, the guardian could not protect the title of velaga subbaiah, his son venkatappaiah (senior) and later his legatees, the minors; (e) the guardian did not plead in the written statement that in 1924 when velaga pichamma died, the .....

B.N. Manga Devi and Another Vs. the State of Ap,rep. by Its Principal ...

Court : Andhra Pradesh

..... now, turning our attention to the principal question agitated by the petitioners that the summary proceedure is absolutely ill suited in a case of this nature, it is appropriate to notice that the petitioners have set up their right, title and interest to the land through sale deeds executed in their favour by their predecessor-in-interest in 1980, who in turn, acquired the property by way of a registered sale deed executed in december 1977. ..... " (emphasis is brought out) in view of the well settled principles of law on the subject, all i need to do, is to leave it to the state to initiate approprite legal proceedings for having its title declared and possession restored and until that is done, the petitioners cannot be evicted from the lands in question pursuant to the summary procedure followed under the l.e. ..... thummala krishna rao and another3, the supreme court has pointed out that where there is a bona fide dispute of title between the government and the occupant of the land, the same must be adjudicted upon by the ordinary courts of law and the summary procedure is ill-suited in such circumstances, in the following words: "5. ..... those writ petitions observing: the question whether the lands with which we are concerned in the writ petition were acquired by the government or not and the question whether the government had transferred its title to the university or not are questions which cannot properly be decided by me in an application under article 226 of the constitution. .....

Mohd. Siddiq Ali Khan Vs. Shahsun Finance Limited

Court : Andhra Pradesh

Reported in : AIR2005AP274; 2005(2)ALD675; 2005(2)ALT503

..... act of land grabbing shall be conclusive proof of the fact of land grabbing and of the persons who committed such land grabbing, and every judgment of the special court with regard to the determination of title and ownership to, or lawful possession of, any land grabbed shall be binding on all persons having interest in such land.provided that the special court shall, by notification, specify the fact of taking cognizance of ..... court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this act, and pass such orders (including orders by way of interim directions) as it deems fit;[x x x x](1-a) the special ..... of civil procedure, 1908 [the code of criminal procedure, 1973] or in the andhra pradesh civil courts act, 1972, any case in respect of an alleged act of land grabbing or the determination or question of title and ownership to, or lawful possession of any land grabbed under this act, shall be triable only in a special court constituted for the area in which the land grabbed is situated; and the decision of the special court ..... the details of these suits and the nature of controversy between the parties with regard to right, title and interest in the schedule property are mentioned in detail in the concise statement filed by the 1st .....

immedisetti Ramkrishnaiah Sons, Anakapalli and ors. Vs. State of Andhr ...

Court : Andhra Pradesh

Reported in : AIR1976AP193

..... offices are created for the benefit of the public, and private parties are not permitted to inquire into the title of persons clothed with the evidence of such offices and in apparent possession of their powers and functions. ..... rate, your lordships will see at once the importance of that objection, when you consider how many public officers and persons there are who were charged with very important duties, and whole title to the office o the part of the public cannot be ascertained at the time. ..... at his or their pleasure, the collaterally challenge the authority of and to refuse obedience to the government of the state and the numerous functionaries through whom it exercised its various powers on the ground of irregular existence or defective title, in subordination and disorder of the worst kind would be encouraged. ..... of a case the judgment rendered by him ought to be considered as void and illegal, but in view of the considerable inconvenience which would be caused to the public in holding as valid judgments rendered by judges and other public officers whose title to the office may be found to be defective at a later date. ..... the second rule establishes that the acts of a de facto judge are suffered to be valid as to the public and the litigants before him until his title is investigated and determined against him in a direct proceeding. ..... the good order and peace of society their authority must be upheld until in some regular mode their title is directly investigated and determined.' 12. .....

Sri Anjaneya Swami Temple, Nandikotkur Vs. Baddula Lakshmiah and ors.

Court : Andhra Pradesh

Reported in : AIR1982AP300

..... he further held that the order of the inam tahsilar did not preclude the civil court from investigating or enquiring into the question of title and felt it unnecessary to consider whether the said order is void or ineffective for the various reasons put forward on behalf of the contesting defendants. ..... the inam registers showed that they had been granted for service as acharyapursha in the tirumalai tirupati devastanam so long as the service should be rendered, and the title deed acknowledges the title of the grantee to a devadayam or pagoda inam service 'for the support of the pagoda called service of acharyapurusha in the said temple'.15. ..... we accordingly set aside the judgement of our learned brother and decree the suit declaring the plaintiff's title to the suit property and directing the defendants to deliver possession of the suit property to the temple. ..... 2, the original grant was in favour of jakkamreddi subba reddi through in the inam fair register the name of the original grantee was entered as sri chenna keswara sami and the title deed was issued in favour of the manager for the time being of the pagoda of sri chennakeswarawmivaru. ..... the recommendations contained in the inam fair register have to be read along with the recitals in the main title deed which was issued as a result of the inam proceedings'.in the case on had, the inam title deed is in favour of the manager for the time being, as representing the temple. .....

iqbal Singh (Died) and anr. Vs. A. Sudhakara Rao and ors.

Court : Andhra Pradesh

Reported in : 2004(4)ALD582; 2004(2)ALT792

..... the very fact that escheat proceedings were initiated at the instance of the state also points out that the state proceeded on the premises that mangal singh had the right title in relation to the land in question and as he died intestate without leaving behind him any legal heir/representative, the same vested in the sate. ..... the high court, was therefore, right in taking the view that the appellant had not established any title by adverse possession and in that view of the matter, the suit of the first respondent for recovery of possession of the premises from the appellant was not barred under article 65 which is the only article of the ..... therefore, in our view, the defendant was not able to prove that he had perfected his title by adverse possession and the finding of the trial court on this issue cannot be disturbed. ..... the appellant, as noticed hereinbefore, was allotted the land in question admittedly on the aforementioned premise, namely, mangal singh at the time of his death had title to the land in question or the suit property, but he died intestate. ..... the learned senior counsel appearing for the defendant assailed the judgment of the trial court mainly on two grounds, that the defendant had perfected his title by adverse possession and that the suit was barred by limitation. ..... , since august, 1953 continuously for more than 12 years and thereby the defendant has perfected his title by way of adverse possession in regard to the said surrounding land of 1000 sq. .....

Letter Sent from Plot No. 338 Vs. the Collector and District Magistrat ...

Court : Andhra Pradesh

Reported in : 2008(5)ALD626; 2008(5)ALT313

..... original assignees through whom the petitioners are claiming are landless poor persons and ^ assignment was made 1958, the petitioners cannot confer any title and they cannot have a right by converting the assigned land into non-agricultural purpose without obtaining any permission ..... . whether the land in question was assigned in the year 1960, 1961 in favour of the petitioners' predecessors in title under the telangana area land revenue act read with laoni rules made thereunder or whether the grant of patta is attributable to revised assignment policy issued ..... pursuant to the directions of this court, the government pleader submitted a document, titling 'details of pot (prohibition of transfer) cases in ranga reddy district' purporting to contain the details of the various assigned lands in some 34 mandals of ranga reddy district and also furnished the details of the illegal transfers ..... the persons unlawfully occupies any unoccupied land or uses the land without title under section 57 of the telangana area land revenue act ..... of the same, the claim of the petitioners that they have perfected their title by their long standing possession does not arise.15 ..... the petitioners' vendor who acquired valid title was in possession for the past over 35 years and requested to withdraw ..... rule 9-g does not prohibit alienation of assigned land and it only prohibits alienation without prior permission, therefore, transfer, if any, is voidable, and the petitioners' predecessors/vendors will not lose title to the land .....

K. Mohan Lal and N. Venkatesh Vs. State of A.P. Rep. by Chief Secretar ...

Court : Andhra Pradesh

Reported in : 1997(4)ALT220

..... the court, after the review of the various aspects of the matter, observed that amongst the possessions that people cherish is title to hold land and disputes as to who the owner of the land are always full of intricate issues of facts and law, they cannot easily be digested in a summary procedure and they cannot easily be dealt with by persons ..... the civil courts established under act 19 of 1972 had been exercising jurisdiction in the trial of suits in respect of ownership and title to or lawful possession of the land which has been taken away and conferred on the special courts and special tribunals constituted under the land grabbing (prohibition) act. ..... constitution of special courts:-(1) the government may, for the purpose of providing speedy enquiry into any alleged act of land grabbing, and trial of cases in respect of the ownership and title to, or lawful possession of, the land grabbed, by notification, constitute a special court. ..... the consolidation courts/authorities were given the power to decide the questions of title including the suits for partition. ..... quite a few amendments, has made provisions for the appointment of the chairman and members of the special court to enquire into any alleged act of land grabbing, and trial of cases in respect of the ownership and title to, or lawful possession of, the land grabbed. .....