GOVT OF A P Vs. VEERANNA

JUDGEMENT

(1.) 1. The common cation of low that arise concideration in these two revision petitions directed against the order of the land Reforms Appellate Tribunal is whether at the stage of surrender the order made under Sec. 9 read with Sec. 8 of the A.P . land Refroms (Celing on Agrl. Holdings) Act. 1973 could be questioned and a pint not taken before the Land Reforms Appellate Tr.bunal could noe be rasided.

(2.) The Declarant had P'referred L.R.R No. 208/77 on the file of the Land Reforms Appellate Tribunal,Nizamabad. and that was desposed of by an order dated 31-5- 1977 determining the execess land liable to be surrendered by the declarant at 0.6026 stander Holdings. Nither before the Primary Tribunal nor before the Appllate Tribunal in the said LR.A, did the declarant take the plea that some extent of land which was computed in his holding was " Pote kharab" and as such it was not "Land" within the meaning of the land as held by this Court in K. Rama Reddy vs. State of A. P., (1) 1978 (1) A.P..l.J. 92. When he was called upon to surrender the; excess land of 06066 standard holdings as determined in LR.A 208/77 he included in his holding plea that the Tote Kharab land was wrongly included in his holding and as such the same should be execluded and the was liable to surrender that land which may be found to be in excess after the deletion of the potekharab land. That plea, was rejected by the Tribunal on the ground that such plea not having been taken in L.R.A. No. 208/77 cannot be allowed to be raised at the stage.of surrender The declarant carried the matter in appeal before the Land Reforms Appellate Tribunal. The Appellate Tribunal by its order dated 30-12-78 in L.R.A. No. 28/79 of the allowed the appeal and directed the ascertainment and exlusion of the pote-kharab land in computing the holding of the petitioner's family unit. Petition No. 4871/79.

(3.) C.R.P No. 4872/89 is also filed similar curcuments against the order of the Land Refroms Appellate Tribunal, Nizamabad in L.R.A. 10/79. While the order of the Land Reforms Appellate Tribunal in the previous appeal of the declarant L.R.A. 133/77 dated 26-9-77 declaring the excess Land liable to be surrendered by him to be 0.2300 standarda holdings had become final, he had raised the plea that "Pote-Kharab" land should be exculded. That plea having been rejected by the promary Tribunal he carreied the matter in appleal LRA 10/79 which was allowed on 19-2-79.