LAWS(APH)-2002-6-59

ACCOUNTANT GENERALS OFFICE CO OP HOUSING SOCIETY LIMITED Vs. SPECIAL COURT UNDER A P LAND GRABBINGPROHIBITION ACT

Decided On June 06, 2002
ACCOUNTANT GENERAL'S OFFICE CO-OP. HOUSING SOCIETY LIMITED Appellant
V/S
SPECIAL COURT UNDER A.P. LAND GRABBING(PROHIBITION) ACT Respondents

JUDGEMENT

(1.) The application filed by the petitioners under Section 8 of the A.P. Land Grabbing (Prohibition) Act, 1982 (for short, the Act), has been rejected by the impugned order dated 3.4.1990 in L.G.C. No. 52/90. Sub-section (1-A) of Section 8 of the Act reads as follows:

(2.) It is true that under sub-section (1-A) of Section 8, the Special Court has discretion not to take cognizance of the application. But the discretion vested in the Special Court is circumscribed by the provision of sub-section (1-A) itself.

(3.) It is well settled that the discretion vested in the statutory authority should be brought to bear on facts and circumstances of each case. The impugned order passed by the Special Court reads as follows: