GOPALAN Vs. TALUK LAND BOARD

JUDGEMENT

(1.) A novel and interesting question of general importance not covered by precedents has come up for consideration.

(2.) Revision petitioner is the declarant. On 4-1-1982 be was ordered to surrender 3.80.250 acres as excess land. The order was modified on 21-4-1982 accepting his re-option by substitution of two items. What remained further was only surrender of possession of the excess land as provided under S.85.

(3.) It so happened that some time after 21-4-1982 the Government initiated acquisition proceedings. The property included in the land acquisition proceedings is 1.24.500 acres out of the 3.80.250 acres ordered to be surrendered by the petitioner. Government took advance possession even though the acquisition proceedings is said to be pending even now. Award has not been passed and land has not been acquired. Tahsildar reported to the Taluk Land Board that on account of the advance possession taken by the State from the revision petitioner the entire area of 3.80.250 acres is not available with him to be taken possession.