ANDHRA PRADESH PAPER MILLS LTD Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1982-12-6
HIGH COURT OF ANDHRA PRADESH
Decided on December 16,1982

ANDHRA PRADESH PAPER MILLS LTD., A BODY INCORPORATED UNDER THE INDIAN COMPANIES ACT, HAVING ITS OFFICE AND FACTORY AT RAJAHMUNDRY AND REPRESENTED BY THE EXECUTIVE DIRECTOR R.V.MAHESWARY Appellant
VERSUS
STATE OF ANDHRA PRADESH REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF REVENUE DEPARTMENT SECRETARIAT BUILDINGS, HYDERABAD Respondents

JUDGEMENT

- (1.) The petitioner who is the Andhra Pradesh Papers Mills Limited represented by the Executive Director filed this writ petition challenging the proceedings under the A.P. Occupants of Homesteads (Conferment of Ownership) Act, 21 of 1976 hereinafter called the Act.)
(2.) The disputed land is Acs. 10-50 cents in R S No. 105 of Katheru village. The primary authority, i. e. the Tahsildar by his order dated 14-4-76 held that the applicants respondents 5 to 117 are entitled to become owners of the extents under their occupation under sub-section (1) of sec. 5 of the Act and directed that certificates of ownership for the extends shown against each of them in the schedule appended to the order may be given. Against the said order the petitioner filed an appeal to the Revenue Divisional Officer which was dismissed on 14-9-77 and the further revision on the file of the Collector was also dismissed on 22-5-1980 and the present petitioner filed this writ petition challenging the above proceedings.
(3.) Sri Y. Sivarama Sastry appearing for the petitioner raised before me the following contentions:- (1) That the Act has no application to the area in question as it is not a local area within the meaning of sec. 1 (4) of the Act. (2) Respondents 5 to 117 are not agricultural labourers within the meaning of sec. 3 (1) of the Act. (3) The land in quest on is not a Home Stead within the meaning of sec. 3 (9) of the Act. (4) Thd proceedings are vitiated as the orders were passed in violation of principles of natural justice and an adequate opportunity was not given to the petitioners. (5) The provision of the Act are exproprietor in character and the procedure prescribed therein must be strictly followed when in particular the civil court's jurisdiction is oucted in respect of these proceedings.;


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