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2013 Supreme(AP) 358

N.V.RAMANA, VILAS V.AFZULPURKAR
S. V. Narasimhulu Naidu – Appellant
Versus
Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Acts and Rules) Department, Secretariat – Respondent


Advocate Appeared:
For the Petitioners:K. Satyanarayana Murthy, T.N.M. Ranga Rao, Advocates.
For the Respondent:GP For Revenue, GP For Assignment Advocate General.

ORDER

(N.V. Ramana, ACJ.)

1. The petitioners filed these two writ petitions questioning the amendment made to Rule 5(1) of the A.P. Land Grabbing (Prohibition) Rules 1983 (for short ‘the Rules’) as being contrary to the scheme of the A.P. Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’), as being discriminative and consequently sought a direction to declare the amendment as ultra vires the parent Act. It would be appropriate to refer to the prayer made by the petitioner in one of the writ petitions, namely W.P No. 36625 of 2012 which reads as under:

“(a) call for the records pertaining to and connected with the amendment issued by the 1st respondent to Rule 15(1) under impugned G.O. Ms. No. 539 Revenue (Acts & Rules) Department dated 25.8.2012 (24 years after the rule came into the force) is contrary to law laid down under Special Enactment made under A.P. Land Grabbing (Prohibition) Act 1982 and defeating the object of the Act in resisting the rule in respect of Government is illegal, arbitrary, discriminatory, totally non-application of mind and violative of Art 14, 21, 31 and 300-A of the Constitution of India and hence the impugned G.O. liable to be set aside, and

(b










































































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