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1986 DIGILAW 48 (SC)

State of A. P. v. RAJA SHRI V. S. K. KRISHNA YACHANDRA BAHADUR VARU RAJAH OF VENKATAGIRIS

1986-02-06

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ORDER The learned counsel for the respondents in the above appeals concede that the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1971 (Act 3 of 1971) and the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1973 (Act 1 of 1973) are constitutionally valid and that the view taken by the High Court of Andhra Pradesh in Writ Petition No. 496 of 1965 on its file is erroneous insofar as it is held that interim payments do not cease with the date of original. determination by the Director under Section 39(1) and the deposit even on the basis of the language of the relevant sections as they stood originally before the above amendments. They have no objection to the judgments and orders of the High Court under appeal in all the above cases being set aside leaving it open to the landholders and others to get the compensation and interim payments in accordance with Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948 as it now stands amended. Shri Rama Reddy, learned counsel for the appellants, has no objection to an order being passed accordingly. We are also of the view that the two amendments referred to above are constitutionally valid and the view expressed in Writ Petition No. 496 of 1965 is erroneous. We accordingly set aside the judgments and orders passed by the High Court against which these appeals are filed and dismiss the writ petitions filed by the respondents. We, however, leave the question of computation of interim payments payable to the respondents open to be decided by the authorities concerned in accordance with law and the orders passed by the Director and the Board, as the case may be. We, however, make it clear that the period during which interim payments are payable under the above said Act ends with the date of original determination made by the Director under Section 39(1) thereof before the filing of the appeal, if any, and of the deposit of the amount so determined. The appeals are accordingly allowed. The State Government is directed to determine the question of computation of interim payments due, if any, to the respondents within six months and to pay such amounts within one month thereafter. There will be no order as to costs.