THANDRALA NARSAIAH Vs. PASTAPURAPU BHADRAIAH
HIGH COURT OF ANDHRA PRADESH
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Gopal Rao Ekbote, J. -
(1.) The following question has been referred to the Full Bench by our learned brothers Narasimham and Parthasarathi, JJ., by their order of reference dated 26/10/1970. "Whether a notification made under Section 17 (4) of the Land Acquisition act dispensing with enquiry under Section 5-A on the ground of urgency is subject to review under article 226 on grounds other than mala fides or the arbitrary nature of the notification or that it was not made by the appropriate or competent authority ?"
(2.) The facts which are said to give rise to the said question may be briefly stated. Respondents 1 to 6 filed W.P.No.1223 of 1966 for the issue of a writ of Certiorari to quash the Memo No. 317-R-1/66-3, Education, dated 11/04/1966. It was alleged inter alia that petitioners 1 and 2 are the pattadars of S. Nos. 2/A admeasuring 0.22 guntas and 2/B admeasuring Ac. 1.20 guntas respectively. Petitioners 3 to 6 are alienees from petitioners 1 and 2 claiming themselves to be occupants as well as tenants.
(3.) The Government , they allege, intended to acquire S. No. 8 admeasuring Ac. 4-20 guntas, which is contiguous to Harijan locality and which satisfied the requirements of the needy Harijans. Sri P.Krishna Rao, Patwari, Pattadar of S. No. 8 by dint of his influence swerved the acquisition proceedings from S.No. 8 to S.No. 5, S.No. 5 because of effective steps taken by its pattadars could not be acquired. Consequently S. Nos. 2/A and 2/B are being acquired.;
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