STATE OF A. P. Vs. CHUNDRU VEERRAJU

JUDGEMENT

(1.) Delay is condoned and application for substitution is ordered.

(2.) This appeal is directed against the order of the High Court of Andhra Pradesh at Hyderabad in CRP No. 1620 of 1980, dated 16.4.1980.

(3.) The proceedings out of which this appeal arises have origin in the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. U/s. 8 of the said Act, every person, whose holding on the notified date together with any land transferred by him on or after 24.1.1971, whether by way of sale, gift, usufructuary mortgage, exchange, settlement, surrender or in any other manner whatsoever, and any land in respect of which a trust has been created by him on or after 24.1.1971, exceeds the specified limits, is required to file a declaration within thirty days from the notified date in respect of his holding together with such land. The respondent filed a declaration thereunder. The primary Tribunal found that the transactions covered by Exhibits A-5 to A-15 were within the prohibited period, namely, 24.1.1971 and the notified date, and, therefore, they had to be ignored for the purposes of calculating the ceiling area held by the declarant. In regard to the sale deeds, the Tribunal recorded the finding that they were not bona fide transactions and that they were executed with a view to circumvent the provisions of the ceiling law. The land covered by those sale deeds was included in the holding of the declarant, rejecting the request that they shall be excluded.