VANGAPDLLI SUDHAKAR RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner filed a declaration under Section 8 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter called 'the Act'). By order dated 3-6-1977 the Land Reforms Tribunal (hereinafter called 'the Tribunal') determined that the petitioner has 0.1232 standard holdings in excess of the ceiling area. The proceedings under Section 10 of the Act for surrendering the excess land were initiated. The petitioner surrendered 0.1232 standard holdings on 21-6-1990 and the same was accepted by the Tribunal under Section 10(3) of the Act on 31-7-1990. The petitioner preferred an appeal under Section 20 of the Act before the Land Reforms Appellate Tribunal (hereinafter called 'the Appellate Tribunal') in L.R.A. No.1807 of 1977 and the same was dismissed. The petitioner filed C.R.P. No.3953 of 1978. This Court by order dated 18-1-1979 allowed the C.R.P. and remanded the matter to the appellate Tribunal. Again the appellate Tribunal by order dated 20-9-1979 confirmed the order of the Tribunal. Yet again the petitioner filed C.R.P. No.6852 of 1979. It was contended before this Court that the appellate Tribunal passed an ex parte order as the advocate engaged by the petitioner could not attend the Court as he shifted his practice to Hyderabad. Therefore, the petitioner could not file rectified affidavit as directed by this Court in C.R.P. No.3953 of 1978. Having regard to the facts and circumstances of the case, this Court allowed the C.R.P. and remanded the matter to the appellate Tribunal directing to decide in the light of the directions in C.R.P. No.3953 of 1978. The matter went back to the appellate Tribunal which finally determined the excess land which was surrendered by the petitioner on 21-6-1990. The same was accepted by the Tribunal under Section 10(3) of the Act on 31-7-1990 and the land was taken possession from the petitioner/declarant on 18-11-1991.

(2.) The respondent herein filed an application under Rule 16(5)(b) of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974 (hereinafter called 'the Rules'). In the said application the respondent inter alia stated that

(3.) The Tribunal by order dated 8-12-1995 noticed the above omissions are correct and directed that an extent of 0.3444 standard holdings towards difference in totalling and other extents be added to the holding of the declarant and accordingly directed the declarant to file surrender statement to the extent of 0.2212 standard holdings as the declarant had already surrendered 6.1232 standard holdings. Aggrieved by the orders of the Tribunal, the petitioner preferred L.R.A. No.2 of 1996 under Section 20(3) of the Act.