SYED BADRUDDIN Vs. LAND REFORMS TRIBUNAL PENUKONDA ANANTAPUR

JUDGEMENT

(1.) In this writ petition the petitioner seeks a writ of Mandamus directing the respondents to retransfer the lands and deliver back possession of the property as per the order dt. 22-7-77 passed by the land Reforms Tribunal, Penugonda.

(2.) The facts are not in dispute In the first instance the primary authority under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act I of 1973 held that the petitioner's father was in possession of excess of the standard holdings under the provisions of the Act and held that he should surrender Acs. 26-09 cents of land out of his holding.

(3.) After the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act No. 10 of 1977 came into force inserting Sec. 4-A an application was filed under Sec. 7 of the Amending Act to make a fresh determination of the excess land in view of the amendment under Sec. 4-A increasing the ceiling area of the petitioner's father. Accordingly a fresh determination was made by the land Reforms Tribunal Penugonda by its order dated 22-7-77 in C. C. No. 3/75/ PKD and it was hold that the petitioner's father-declarant holds land less than the ceiling area in view of the Amendment Act and the Tribunal directed that the land surrendered by the petitioner's father must be re-transferred to the petitioner's father. No appeal is filed against the said order and it has become final.