STATE OF AP Vs. SINGIREDDY RAMULU

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order passed by the learned Single Judge of the Andhra Pradesh High Court dismissing the Civil Revision Petition filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (in short the 'act' ). Challenge in the Civil Revision is to the Order passed by the Land Reforms Appellate Tribunal, Karimnagar (in short the 'appellate Tribunal' ).

(2.) BACKGROUND facts in nutshell are as follows:one Maqbool Alam surrendered 11 acres and 07 guntas of land in Nanvath village (survey No. 4/b) in lieu of excess land of the declarant. The respondent No. 1 contended that said Maqbool Alam had transferred ownership of the land under an agreement of sale dated 19. 1. 1971 and since then he was in continuous possession of the land by paying land revenue and without considering the relevant materials the Land Reforms Tribunal, Adilabad, had accepted the surrender of the land even ignoring the objection filed by the applicant dated 26. 9. 1978. Reference was made to Section 10 (5) (a) (ii) to substitute the stand. It is not be noted that the Land Reforms Tribunal proceeded on the basis as if no objection was filed by anybody. The Appellate Tribunal was of the view that in view of what is stated in Section 10 (5) (a) (ii) and in view of the fact that the appellant was in possession since 1971, the surrender to the extent of 11 acres and 07 guntas of land is set aside and rest of the order was upheld. The Land Reforms Tribunal was directed to receive the recovery proceedings against Maqbool Alam for the balance area as per law.

(3.) STAND of the respondent was that since effect of Section 10 (5) (a) (ii) was not considered, the Appellate Tribunal directed exclusion of the land in possession of respondent No. 1 and there is nothing wrong in such direction. It was, therefore, submitted that the High Court was justified in dismissing the Revision Application.