DIGAMBAR RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) One of us P.S. Narayana, J, by order dated 27-7-2001, has referred the following question to this Full Bench for its opinion: Whether the authorities under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, have the power of review despite the fact that there is no specific provision dealing with the said power of review under the Act.

(2.) Mr. Bakshi, the learned Counsel appearing on behalf of the petitioners submits that the primary Tribunal is a statutory authority, and it is not a Court for its jurisdiction is confined only to the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. He submits that inasmuch as there does not exist any power of review in the primary Tribunal, it dismissed the review application, and the appellate Tribunal has thus committed an illegality in reversing the decision of the primary Tribunal. He further submits the only power vested in the primary Tribunal in this regard is contained in Rule 16(5)(b) of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974.

(3.) The learned Government Pleader for Land Ceiling appearing on behalf of the State on the other hand contends that the appellate authority exercised the power of review because fraud was alleged, and it was found proved, and therefore, it reversed the order of the primary Tribunal.