STATE OF ANDHRA PRADESH Vs. NADIMAPALLI NARAYANARAJU

JUDGEMENT

(1.) 1. This revision is directed against the order passed by the Chairman, Land Reforms Appellate Tribunal, Amalapuram in L.R.A. No.1072 of 1978 reversing the orders of the Land Reforms Tribunal, Amalapuram in C.C. No.900/Apm/75.

(2.) The learned Government Pleader assailed the orders of the Appellate Tribunal on several grounds. The Appellate Tribunal treated the lands of the declarant in S. Nos.39/1, 37/2, 30, 39/5 and 30/3 of Immidivarappadu village as single crop wet lands. He contends that the order of the Appellate Tribunal is erroneous. In support of his contention he submits that the Appellate Tribunal failed to see that these lands are included 'B' Schedule of the L. G. O. and they are. enjoying all the benefits of registered wet lands since a long time and there is no evidence produced by the declarant as to want of supply of water from the Government source of irrigation to raise garden crops in these lands during the relevant period.

(3.) It is not in dispute that the lands covered by the above mentioned S.Nos. are registered as dry lands and are included in Part II of C Schedule. The original Tribunal classified these lands as double crop wet lands on the ground that they are included in Part II of C Schedule of L. G. O. The Appellate Tribunal did not agree with the Original Tribunal on the ground that during the relevant period no second crop was raised with the waters from Government source of irrigation for four fasli years within a continuous period of six fasli years. The Appellate Tribunal, therefore, treated the lands as single crop wet lands on the ground that the declarant was using the water from Government source of irrigation for four fasli years within a continuous period of six fasli years and raising single crop though they were registered as dry lands in the village accounts.