MARELLA KONDALA RAO Vs. AUTHORISED OFFICER LAND REFORMS

JUDGEMENT

(1.) THIS appeal arises from the final order dated 28th of February, 2001 of the High Court of judicature, Andhra Pradesh at Hyderabad in Civil revision Petition No. 3326 of 1997.

(2.) AN application made by the appellants under the andhra Pradesh Land Reforms (Ceiling on Agricultural holdings) Act, 1973 (hereinafter referred to as the "andhra Land Reforms Act, 1973") was filed before the concerned authorities in respect of the land in question. The authorities by a detailed order held that since the appellants were tenants, they were entitled to retain the land in question. An appeal was taken against the aforesaid order of the authorities under the Andhra Land Reforms Act, 1973 in which the order of the authorities was also affirmed. Subsequently, a revision was also moved and by the impugned order the High Court had set aside the concurrent orders of the authorities and the tribunal holding that the authorities under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to the "andhra Tenancy Act, 1956") was only conferred with the power to determine the question of tenancy in respect of the land in question and such determination could not be made under the Andhra land Reforms Act, 1973, i. e. , the authorities had no jurisdiction to determine the question of tenancy in respect of the lands in question. However, liberty was given by the High Court to the appellants to approach the authorities under the Andhra Tenancy Act, 1956 for determination of the question of tenancy relating to the land in question. It is this order of the High Court which is now challenge before us.

(3.) SUBJECT to the above observations, the appeal is dismissed with no order as to costs. Interim order, if any, stands vacated.