C J RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Tit appeal has been referred to the Full Bench by a Division Bench of this Com by order dated 12-7-1994 in view of the submission made by the learned counsel for the appellant that Section 52-A of the Andhra Uradesh Revenue Recovery Act (for short the Act) is ultra vires of the powers of the State Legislature in so far as it permitted recovery of dues of the present nature owing to respondents 2 and 3 as arrears of land revenue.

(2.) The facts which led to the reference of this writ appeal to the Full Bench may briefly be stated thus: The appellant had been getting supplies of eggs from respondent 3, which is a Zonal Office of respondent 2 a Corporation owned by the State of Andhra Pradesh. For the recovery of the amounts due by the appellant on account of such transaction, proceedings were initiated against him under Section 52-A of the Act and a notice under Section 8 of the Act was served on him. Challenging the validity of the notice and application of Section 52-A of the Act for the recovery of the amounts due, the Writ Petition was preferred. On December 8, 1987 a learned Single Judge of this Court dismissed the Writ Petition taking note of the fact that under Section 52-A(l)(ii) of the Act, notification has been issued by the Government in the A.P. Gazette and further holding that the amount due by the appellant can be recovered under the Act. The correctness of that judgment of the learned Single Judge is assailed in this Writ Appeal. In view of the order of reference this Writ Appeal has come up before us.

(3.) Sri S.Sriramachandra Murthy, learned counsel for the appellant, contends that Section 52-A of the Act can be invoked only when the amount sought to be recovered is arrears of land revenue and having regard to the concept of land revenue the sums due by the appellant to respondents 2 and 3 in the present case cannot be recovered by resorting to Section 52-A of the Act and that enacting the section for such recoveries is ultra vires of the powers of the State Legislature. In view of the recent pronouncement of the Supreme Court dated 11-7-1994 in Civil Appeal Nos. 2620 to 2664 of 1981 (State of Tamil Nadu vs. G.N. Venkataswamy and others), the question is no longer res Integra. The judgment of the Supreme Court was pronounced just a day before the order was made in the Writ Appeal referring it to the Full Bench and the Division Bench did not have the advantage of perusing the pronouncement of the Supreme Court.