CH RAJENDRA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This case is having a chequered career and since 1980 the petitioners are in the Court and from the events that have taken place any man will remember the game of snake and ladder. Even now both the parties have not come to the Court with clean hands. They are playing hide and seek game. The petitioners as well as the official respondents have no belief in rule of law and they are trying to settle their scores by using the Courts.

(2.) Coming to the facts of the case I need not advert to the facts of this case. It is suffice to state that by order dated 31-8-1995 in Writ Petition Nos. 15250 of 1993 and 16686 of 1993 while upholding the draft notification issued under Section 4(1) of the Land Acquisition Act, dated 15-7-1993 struck down the emergency clause under Section 17(4) of the Act and directed the authorities to conduct the enquiry under Section 5(A) of the Act by giving an opportunity to the petitioners to put forth their case in person. It is not in dispute that pursuant to this judgment on 5-10-1995 notices were sent under Section 5(A) of the Act informing the petitioners that the enquiry will be held on 16-11-1995 with regard to the objections raised till then and to be raised at the time of personal hearing against the proposed acquisition.

(3.) The learned Counsel for the petitioner submits that his clients have gone to the Mandal Revenue Officer's Office and there the official respondents obtained their signatures on blank papers and no enquiry whatsoever was conducted. But the record shows that these notices were served on the petitioners on 14-10-1995. Among the petitioners only Mr. Rajendra has filed written objections on 5-9-1995 and as per the report of the Revenue Divisional Officer he conducted an enquiry on 16-11-1995 at the Mandal Revenue Office, Tanuku and only Rajendra's father appeared before him and reiterated the written objections filed by Rajendra earlier. After conducting the enquiry, the report was sent to the Collector rejecting the objections raised by the petitioner for the issuance of a declaration under Section 6(1) of the Act. Thereafter 6(1) declaration was issued and the same was published in the District Gazette on 17-4-1996. From the records it is available, it is seen that the notification was affixed to the notice board of the Taluq Office, Municipal Office, Sub-Registrar's Office, Police Station and in the land. The notification was also published in the 'Visalandhra' daily on 17-5-1996 and in the 'State Times' daily, Eiuru on 18-5-1996. Thereafter the Land Acquisition Officer sat tight on the file almost for two years and for the first time he issued notification under Sections 9(1) and 10 of the Act on 18-4-1998 stating that the award enquiry will be held at his office on 5-5-1998.