14 32, 902, 879, 1130 32, 1121, 1172, 1215, 1201, 1127, 1128, 1222, 1224, 1223, 1275, 1129, 1523, 1539, 1280, 863, 1361, 1323, 1375, 1621, 1374, 1410, 1628, 2117, 1961, 1917, 1918, 1919, 1920 2290 of 1978 3447 3450/79.
3973, 4198, 4199, 4200, 4317, 4318 4210/78.
S. Desai and A. Subba Rao for the Applicant Intervener.
A Genl.
Appeals by Special Leave from the Judgments and order dated 13.10.1977 etc.
AND WRIT PETITION Nos 3973, 3998, 3836, 4198, 4199, 4200, 4210, 4263, 4317, 4318, 4414, 4256, 4537 and 4500 of 1978.
Of the Andhra Pradesh High Court in Writ Petition No.
Balakrishan for the Petitioners in WP 4414/78.
31, 902, 879, 1130 32, 1410, 1621, 1917 20, 1961/78 1373/78.
1374/78.
CIVIL ORIGINAL JURISDICTION Civil Appeal Nos.
Vepa Sarathi and B. Ranta Rao for the Appellants Petitioners in CA Nos.
The Judgment of the Court was delivered by.
V. V. Nair for the Appellants in CA Nos.
K. Ganguli for the Appellants in CAs 1222 and 863/78.
Ram Chandra Reddy Adv.
4256 and 3836/78.
Soon after its enactment, the companystitutional validity of the Andhra Pradesh Act was challenged before the Andhra Pradesh High Court on various grounds, but a full Bench of the High Court negatived the challenge and held the Andhra Pradesh Act to be companystitutionally valid.
1215, 1361, 2117, 1286 and W.P. No.
1147 K. Venugopal Addl.
It was pointed out to us that some of the landholders had number filed appeals within the prescribed time and grave injustice would therefore result to them if these question, were number decided by us.
number brought into force until 1st January 1975.
The landholders thereupon preferred the present appeals after obtaining special leave from this Court.
3998/78.
4263, 4500 4537/78.
Though this judgment was delivered by the High Court as early as 11th April, 1973, numbereffective steps for implementation of the Andhra Pradesh Act companyld be taken, since the Andhra Pradesh Act merely remained on the statute book and for some inexplicable reason, it was.
BHAGWATI, J. These appeals by special leave and the writ petitions represent a last but desperate attempt by the class of land holders in Andhra Pradesh to defeat an agrarian reform legislation enacted by the State or the benefit of the weaker sections of companymunity.
S. Nariman, K. Krishna Rao and K. Rajendra Choudhary far the Appellants in CA Nos.
Genl.,
There were several grounds on which the companystitutional validity was challenged but the main ground was that by reason of the enactment of the Urban Land Ceiling Regulation Act 1976 hereinafter referred to as the Central Act , the Andhra Pradesh Act had become void and inoperative.
R A. V. Rangam for the Petitioners in WP No.
1126 WP Nos.
24, 30, 32, 1172, 1127, 1128, 1129, 1261, 1323 1275/ 78 and WP Nos.
14 to 23, 25 29, 1223 1224 1628/78, 3447 and 3449/79.
S. Rama Rao for the Appellants in CA No.
Even after the Andhra Pradesh Act was brought into force, number much enthusiasm was shown be the Government in implementing its provisions and in the mean while, it was found necessary to amend the legislation and hence the Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Amendment Act 1977 was enacted with retrospective effect from 1st January 1975 and by this amending Act certain amendments were made which included inter alia the introduction of section 41A. We shall presently refer to the relevant provisions of the amended Andhra Pradesh Act, but before we do so, it is necessary to point out that as soon as the amending Act was passed, another round 1148 of litigation was started by the landholders by filing writ petitions in the High Court challenging once again the companystitutional validity of the Andhra Pradesh Act.
Subba Rao for the Appellants in CA No.
Venkata Reddy and G. Narsimulu for the Appellants in CA Nos.
1121 Petitioners in WP Nos.
The Andhra Pradesh Land Reforms Ceiling on Agricultural Holdings Act 1 of 1973 hereinafter referred to as the Andhra Pradesh Act which is challenged in the present appeals was enacted by the Andhra Pradesh Legislature on 1st January 1973.
1872/77 etc.
A. P. and B. Parthasarthy for the appearing respondents.
