G JAMES Vs. G MURALI KRISHNA

JUDGEMENT

(1.) The appellants 9 in number were beneficiaries of land acquired by the Government, covered by survey No. 169 of Prattipadu Village in Guntur District, admeasuring Ac.6.97 cents and distributed to them in small extents. The 1st respondent herein filed Writ Petition No. 1842/1985 from out of which the present Writ Appeal arises, contending, inter alia, that the notification issued by the State Government under Section 4(1) dispensing with the enquiry under Section 5-A was invalid, being violative of the specific provisions of sub-section (5) of Section 17 of the Andhra Pradesh Land Acquisition Act (Act 11 of 1983) in that, within 90 days from the date of dispensing with Section 5-A enquiry, possession was not taken.

(2.) At the admission stage, the Writ Petition was allowed by Amareswari, J. on 7-3-85 observing-

(3.) Sri Venkateswara Rao, learned counsel for the appellants submits that by misrepresenting, the facts the 1st respondentherein obtained the order from the learned Judge. No essential facts have been stated in the affidavit filed in support of the Writ Petition. Whether possession was taken within a period of 90 days from the date of dispensing with the enquiry under Section 5-A, is a question of fact which must be decided only after notice to the respondents, but unfortunately, in the present case without even notice to the respondents, the learned Judge at the admission stage allowed the Writ Petition and granted the relief prayed for.