2002 (11) TMI 804 - SC - Indian Laws

State Government's Discriminatory Actions Overturned for Violating Constitution

Government of Andhra Pradesh & Anr. Versus Maharshi Publishers Pvt. Ltd. & Ors.

The Supreme Court upheld the High Court's decision in a case involving discriminatory treatment by the State Government of Andhra Pradesh towards certain ... - Issues:1. Discriminatory treatment by the State Government towards certain assignees.2. Validity of government orders for land assignments.3. Alleged violation of Article 14 of the Constitution.4. Contempt of court by the State Government through issuance of G.O. Ms. No. 38 dated 16.1.2001.Issue 1: Discriminatory treatment by the State Government towards certain assigneesThe case involved the State Government of Andhra Pradesh's policy decision to encourage Newspaper Concerns and Educational Institutions by granting them land at affordable prices. The State Government allotted land to various entities, but discriminatory treatment was alleged by M/s. Maharshi Publishers, M/s. Creative Industries, and M/s. Balaji Administrative Services. The High Court found merit in the petitioners' claim of discriminatory treatment, as they had complied with all conditions yet were not given possession, unlike other assignees. The Court held that the actions of the State Government were in violation of Article 14 of the Constitution, guaranteeing equal treatment to all.Issue 2: Validity of government orders for land assignmentsThe State Government had issued several Government Orders (G.O. Ms.) assigning land to different entities at a fixed rate per square yard. The District Collector had valued the land at a specific rate, and the assignees had deposited the required amount. However, possession was not given to some assignees despite compliance. The High Court found that the Government's actions were not based on commercial transactions but on socio-economic policies. The Court rejected the argument that lack of formal contracts under Article 299 of the Constitution invalidated the assignments, stating that the assignments were executive acts under Article 162. The Court concluded that undue favoritism was shown to certain assignees, leading to a violation of the petitioners' rights.Issue 3: Alleged violation of Article 14 of the ConstitutionThe High Court determined that the State Government's actions, including the cancellation of assignments and failure to provide possession to certain assignees, amounted to a violation of Article 14 of the Constitution. The Court emphasized that the petitioners were equally situated with other assignees who received possession promptly. The judgment highlighted the principle of equal treatment under Article 14 and concluded that the petitioners' rights were infringed due to discriminatory practices by the State Government.Issue 4: Contempt of court by the State GovernmentThe State Government's issuance of G.O. Ms. No. 38 dated 16.1.2001, despite the pending writ appeals, was considered contumacious by the High Court. The Court viewed this act as a disregard for the judicial process. While the Division Bench refrained from punishing the State Government for contempt, it quashed the offending government order. The Supreme Court upheld the High Court's decision, noting that the State Government's actions were inappropriate and warranted the annulment of the order.In conclusion, the Supreme Court upheld the High Court's judgment, affirming the violation of the petitioners' rights under Article 14 by the State Government's discriminatory actions. The Court dismissed the appeals and emphasized the importance of equal treatment under the law, while also acknowledging the State Government's contumacious behavior in issuing the contentious government order.