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1956 Supreme(AP) 218

SUBBA RAO, MANOHAR PERSHAD
Ambatipudi Ramabrahmam – Appellant
Versus
State of Andhra – Respondent


Advocates:
G. Venkatarama Sastri, for C.V. Kanyaka Prasad on behalf of Appellant; D. Venkatappayya Sastri, for Govt. Pleader (M. Seshachalapathi) on behalf of Respondent No. 1; N. Rajeswara Rao, for Respondent No. 2.

Judgement

SUBBA RAO, C.J. :- This is an appeal against the order of our learned brother Umamaheswaram J., dismissing the application filed by the appellant under Art. 226 of the Constitution of India to issue a writ of mandamus or other appropriate writ to restrain the respondents from taking further proceedings in pursuance of G. O. R. No. 916 Development dated 8th December, 1952.

2. The Guntur Co-operative House Construction Society Ltd., was formed in 1949, for the purpose of acquiring lands and constructing houses for its members on a co-operative basis. For the purpose of building houses, the Society approached the Government for acquiring 8 acres 54 cents under the provisions of the Land Acquisition Act (hereinafter referred to as the Act). The Registrar of Co-operative Societies submitted to the Government a draft declaration under S. 6 of the Act for approval and for publication.

On 8th December, 1952, the Government of Madras approved the said drafts and requested the Superintendent of the Government Press to publish the same under S. 4 (1) of the Act in successive issues of the Fort St. George Gazette. By the same order, the Government accepted the view that the acquisition





























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