SINGARENI COLLERIES COMPANY LIMITED Vs. KUNAMALLA POCHAIAH

JUDGEMENT

(1.) The respondents herein filed W. P.No. 21414/94 claiming a writ of mandamus directing the respondents-appellants to treat them as land losers in terms of G.O.Rt.No.424, Energy, Forests, Environment, Science and Technology (PR-I) Department, dated 15-7-1988, as certified by the fourth respondent.

(2.) The Government of Andhra Pradesh framed scheme under which the Company or the Corporation at whose instance the lands were acquired, were obliged to provide job to the land-oustees. In the case of the appellants, the lands of the respondents were acquired by issuing notification under Section 4(1) of the Land Acquisition Act on 4/02/1988 and on 24/02/1988; the awards were passed on 3/06/1988 and 17/03/1990.

(3.) Noticing that the provisions of the G.O. were misused, the Government prescribed the criteria for purposes of determining the land-ouslees in GO.Ms No.310 dated 11-11-1991. For purposes of implementing the scheme, the appellants applied the criteria as laid down in G.O.Ms.No.310 and negatived the claim of the respondents. That led the respondents to file the above said writ petition which was allowed by the learned single Judge directing the respondents to treat the petitioner-respondents as land-losers/land oustees in terms of earlier G.O.Rt.No. 424, dated 15-7-1988. The correctness of the order of the learned single Judge is in issue in this writ appeal.