N A RADHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners, partners of the erstwhile M/s. Vikram Industries, Kakinada, in these proceedings sought a declaration that Sec. 52-A of A.P. Revenue Recovery Act, 1864 (for short 'the Act') is unconstitutional and that the action of the A.P. State Finance Corporation (R-2) seeking to enforce its dues by the notices dt. 5-10-88 and 15-11-88, against the petitioners under the provisions of the Act, is illegal.

(2.) The facts in brief:

(3.) The question of the validity of Sec.52-A of the Act, urged in the writ petition was not pressed at the hearing of the writ petition in view of the decision of the Division Bench of this Court in Grandhi Kamaraj and others vs. Government of A.P. upholding the vires of the provision. The only question that survives and has been urged at the hearing of this writ petition is that the demand by the Corporation of the amounts due from the petitioners is barred by limitation and as such unenforceable per se or under the provisions of the Act.