STATE OF A. P. Vs. CHUNDRU VEERRAJU

JUDGEMENT

(1.) This appeal was disposed of earlier by the order dated 5-2-2003. On an application made by Chundru Sridhara Veera Hari Satya Prasad, claiming to be the beneficiary (legatee) under the Will, he has been brought on record and the said order of 5-2-2003 was recalled. The appeal is heard again.

(2.) The original holder, Chundru Veerraju, filed a declaration under Section 8 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short "the Act") showing that a total area of 89.86 acres of land was sold to different persons under ten registered sale deeds executed between September and December 1971 - nine sale transactions took place in the months of September and October 1971 and one in December 1971. These lands were sought to be excluded from the holding of Chundru Veerraju, the original respondent. The Primary Tribunal, constituted under the Act, rejected the contention for reasons more than one, recorded in its order. Aggrieved by the said order, the Primary Tribunal, the original respondent filed an appeal before the Land Reforms Appellate Tribunal (for short "the Appellate Tribunal"). The Appellate Tribunal found fault with the order of the Primary Tribunal in relation to the ten sale transactions, aforementioned, and concluded that the area of land covered by these sale deeds should be excluded in reckoning the total holding of the original respondent. We make it clear here itself that, in this appeal, we are only concerned with the area covered by the ten sale deeds and not with other lands dealt with by the Primary Tribunal or the Appellate Tribunal. The State challenged the order passed by the Appellate Tribunal before the High Court in a revision petition. The High Court disposed of the revision petition by a short order, affirming the order passed by the Appellate Tribunal, relevant portion whereof reads:

(3.) Hence, this appeal by the State of Andhra Pradesh.