Daily Dictation (Legal) for Delhi High Court PA & Sr.
Under the amended provision, the expression “as finally determined under Section 39” was substituted by the expression “determined by the Director under Section 39”. A writ petition was filed in the Andhra Pradesh High Court by Raja of Venkatagiri, questioning the validity of the ordinance as well as the amendment Act and by Judgment dated 22.9.1971, the High Court declared that Act 3/1971 to the extent it extinguished the vested right of the estate holders to receive interim compensation till the date of commencement of the Act was ultra vires of Article 31(2) and not protected by Article 31A or 31B. It further held that interim payments were payable upto the date of the ordinance but not thereafter. Thus the amended Act was held to be valid prospectively. The present respondents along with several others filed writ petitions before the Andhra Pradesh High Court, seeking interim payments, which were registered as Writ Petition Nos. 3293 and 3294 of 1975. A learned Single Judge of the High Court disposed of the two writ petitions by Judgment dated 17.6.1977 and following the earlier Judgment in Venkatagiri’s case, issued a writ of mandamus to make interim payments to the respondents herein in accordance with law laid down in Venkatagiri’s case. Against this direction of the learned Single Judge, the State Government filed an application for leave to appeal under Article 133(a) & (b) 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 dated 7.6.1977 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 Nos. 398 and 1385 of 1972. Those two appeals were disposed of by order dated 6.2.1986. 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