LAWS(APH)-2001-7-96

MARUPURU SUNDARAMMA Vs. STATE OF ANDHRA PRADESH

Decided On July 02, 2001
MARUPURU SUNDARAMMA Appellant
V/S
STATE OF ANDHRA PRADESHREP.BY SPL.TAHSILDAR(LR), NELLORE Respondents

JUDGEMENT

(1.) These Civil Revision Petitions were directed against a common order made in L.R.A. Nos.281 of 1977, 283 of 1977 and 284 of 1977 on the file of the I Additional District Judge, Nellore dated 4-5-1998. Here itself it may be stated that as far as the order made in L.R.A. No.282 of 1977 by the same judgment it became final.

(2.) One Dasaradharami Reddy, who is the father of the petitioners in C.R.P. No.3783 of 1998 and C.R.P. 3529 of 1998 and the husband of the petitioner in C.R.P. No.3558 of 1998 was the declarant in C.C. No.2219 of 1975 and the daughters and son were declarants in C.C. Nos.2220, 2221 and 2222 of 1975 on the file of the Land Reforms Tribunal, Nellore under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and during the pendency of proceedings before the Land Reforms Tribunal the said Dasaradharami Reddy died and his legal representatives were brought on record. The petitioners aggrieved by the order of the Land Reforms Tribunal preferred appeals in A.C. Nos.281 to 284 of 1977 before the Land Reforms Appellate Tribunal, Nellore and the Land Reforms Appellate Tribunal inasmuch as it had failed to consider that the daughters of Dasaradha Rami Reddy i.e., revision petitioners in C.R.P. Nos.3529 of 1998 and 3783 of 1998 though were granted certain lands by way of "pasupu kunkuma" under Ex.A-19 those lands were not excluded and aggrieved by the same they preferred C.R.P. Nos.512 to 515 of 1979 on the file of this Hon'ble Court and this Hon'ble Court was pleased to allow the revisions partly by holding that the sales covered under Exs.A-9 to A-12 were established and directed for exclusion of the said extents from the computation of holding. While partly allowing the revisions the lands covered by even Ex.A-19 were directed to be excluded and aggrieved by the same the State had carried the matter to Supreme Court and the Supreme Court in S.L.P. Nos.5705-08 of 1985 dated 26-2-1996 was pleased to remand the matters to the Land Reforms Appellate Tribunal for reconsideration and on such remand the Land Reforms Appellate Tribunal by order dated 4-5-1998 had made the impugned order and aggrieved by the said order the present civil revisions are filed.

(3.) Mr. P. Sreedhar Reddy, learned Counsel appearing for the petitioners had contended that the impugned order passed by the appellate Tribunal after remand is totally contrary to the directions given by the Apex Court in S.L.P. Nos.5705-08 of 1985. The learned Counsel had drawn my attention to the relevant portion of the said order made by the Apex Court, which reads as follows: