LAWS(APH)-1995-9-41

ALAGARAVENKAIAH Vs. SURI PRAKASAM

Decided On September 06, 1995
ALAGARAVENKAIAH Appellant
V/S
SURI PRAKASAM Respondents

JUDGEMENT

(1.) Land belongs to the Government it is not in dispute was leased to the Sri Venkateswara Salt Workers Co-operative Society. Society, it is alleged, however, became defunct and some persons claimed possession through the society and benefitted themselves individually by the raising salt in the land. The local authority, impressed by the said fact, rescinded the lease of the land which was in favour of the society and granted lease for the same 33 persons selected by the Industries Department of the Government of the State. Appeal before the Government, however, restored the lease in favour of the society. In a writ petition in which the Government order has been challenged, however, the Court has ordered for an enquiry and until it is decided one way or the other by the Government, as to the actual state of facts, to maintain status quo.

(2.) Having considered the matter in all aspects, weare of the opinion that only on the basis of the dispute as to facts it may not be proper for this Court to find fault with the order of the Government but, at the same time, the Government should be asked to verify the facts and decide striclty in accordance with law as to who should be granted the lease and thus be allwed to benefit by the Government's largesse.

(3.) Taking the above into consideration, we are inclined to order for an enquiry ex facto as to the possession and the existence of the land in question and present state of affairs in the above named society and decide accordingly whether to confirm its order or to rescind the same and order afresh for grant of lease to persons who deserve such largesse.