K. VIJAYALAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) As C.C.No.535 of 2020 arises out of the proceedings in W.P.No.8907 of 2020, both these cases are being disposed of by way of this common order.

(2.) A quick review, of the facts in the present case, is required before adjudicating on the issues raised in these cases.

(3.) One Sri Korada Venkataswamy Naidu was declared as surplus land holder for an extent of Ac.45.59 cents by proceedings bearing LCC No.230/75 dtd. 29/8/1978 issued by the Land Reforms Tribunal and Additional Revenue Divisional Officer, Visakhapatnam, under Sec. 8 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act'). These proceedings were in relation to the lands owned by the declarant in Peddipalem, Anandapuram and Vellanki villages in Anandapuram Mandal and Madhurawada Village, Visakhapatnam Rural Mandal. The declarant gave a surrender statement under which he agreed to handover Ac.28.84 cents of land in Madhurawada village and the possession of the said lands is said to have been taken over by the Land Reforms authorities on 27/7/1984 under Sec. 10(3) of the Act. Thereafter, the declarant filed an appeal in L.R.A.No.1 of 1989 before the Land Reforms Appellate Tribunal, which allowed the appeal and directed that alternative lands in lieu of the lands surrendered in Madhurawada village should be accepted from the declarant. The matter went into appeal and finally, the Land Reforms Tribunal agreed for taking over Ac.17.70 cents of land in different villages in lieu of the lands in Madhurawada village. These lands were taken over. However, after calculating the extent of land taken over, the Land Reforms authorities held that another Ac.11.14 cents of land had to be surrendered.