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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 OFFLINE BATCH STARTED ✤ || JOIN US 7000315619
created Nov 8th, 14:53 by entertainmentBabaji
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Against this direction of the learned Single Judge, the State Government filed an application for leave to appeal under Article 133 of the Constitution, but the same on being dismissed, the State Government did not approach the Supreme Court and allowed the matter to rest therein. Notwithstanding the finality attached to the order of the learned Single Judge in favour of the respondents, the same not being complied with, a fresh writ petition was filed, which was registered as Writ Petition No. 730 of 1978, praying therein that the earlier order be commanded to be implemented by a writ of mandamus. That application was disposed of on 28.3.1978 and the Court issued the direction to implement the earlier order within one month from the date of the order. The Judgment of the Andhra Pradesh High Court in Venkatagiri's case had been assailed in the Supreme Court in Civil Appeal Those two appeals were disposed of by order dated. In this Court the counsel appearing for the respondents, who were the original writ petitioners before the High Court consented to the Judgments and orders of the High Court under appeal being set aside, leaving it open to the land-holders and others to get the compensation and interim payments in accordance with the amended provisions of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. The Court also itself expressed its opinion and held that the amendments made to the Act are constitutionally valid and the view expressed in the writ petition No. 496 of 1965 is erroneous. The Court, therefore, set aside the judgments and orders passed by the Andhra Pradesh High Court, leaving the question of computation of interim payments payable to the respondents therein open, to be decided by the authorities concerned in accordance with law and the orders passed by the Director. The Court hastened to add that the interim payments payable under the Act ends with the date of the original determination made by the Director under Section thereof before the filing of the appeal,
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