J VINAYA Vs. SINGARENI COLLERIES COMPANY LIMITED

JUDGEMENT

(1.) These two Civil Revision Petitions arise out of the order dated 13-7-2001 passed in L.R.A.Nos. 3 and 4 of 1997 on the file of Chairman, Land Reforms Appellate Tribunal-cum-III Additional District Judge, Karimnagar. C.R.P.No. 4705 of 2001 is filed against the order passed in L.R.A.No. 4/97 and C.R.P.No. 4706 of 2001 is filed against the order passed in L.R.A.No. 3/97 on the file of Chairman, LRAT-cum-III Additional District Judge, Karimnagar.

(2.) J. Vinaya wife of the declarant/ J. Surender Rao is the petitioner in both the revisions.

(3.) Facts of the case in brief giving rise to filing of these revisions are as follows: J. Surender Rao/declarant in C.C. No.P/2811/75 dated 31-5-1982 was found to be holding excess land to the extent of 0.0887 SH. The declarant surrendered lands in S.Nos. 106, 286 and 67 admeasuring Ac. 3-60 cents equivalent to 0.0887 SH. The LRT did not accept the surrender of the said lands as they were under acquisition proceedings. Therefore, the declarant proposed to surrender S. Nos.19 and 76. The Tribunal accepted the surrender of S.Nos. 19 and 76 admeasuring Ac.4-33 cents equivalent to 0.0887 by order dated 20-10-1990. On a note No.B1/10331/ 87 dated 26-10-1990 given by the Revenue Divisional Officer, the Tribunal passed order dated 12-11 -1990 cancelling the acceptance of surrender of land bearing Sy.Nos. 19 and 76. The Tribunal suo motu selected S.No.8 admeasuring Ac. 2-53 cents equivalent to 0.0562 SH and passed order accepting surrender of the same on 30-11 -1990. On 11-12-90 the occupants of S.No. 8 have submitted a petition and requested for dropping the proceedings of acceptance of surrender of land bearing S.No. 8 towards excess holding of the declarant. The Joint Collector inspected the land on 28-3-99 and permitted the occupants to dismantle the structures and transport them to the newly rehabilitated place. The Joint Collector permitted Singareni Collieries to extend its mining activity in S.No. 8. Aggrieved by the order dated 12-11-1990 canceling the earlier order dated 20-10-90 accepting the surrender of lands in S.Nos. 19 and 76, the wife of the declarant filed W.P.No. 17083 of 90. She also filed W.P.No. 1597/91 questioning the order of the Tribunal dated 30-11 -97 with regard to suo motu selection of land in S.No. 8 admeasuring Ac.2-53 cents equivalent to 0.0562 SH. The occupants of S.No. 8 filed W.P .No. 14897 of 90 seeking a direction to the Government and the General Manager, Singareni Collieries to pass award and to pay compensation for the land and the houses in S.No. 8 admeasuring Ac. 2-21 guntas. They also filed W.P.No. 15938 of 1990 to declare the action of the State in initiating the withdrawal proceedings of the acquisition of land in S.No. 8 as illegal and arbitrary. They also sought for a direction to the State to pass awards and to pay compensation relating to land in S.No. 8 to an extent of Ac. 2-21 guntas. A common order came to be passed in all the writ petitions by this court on 11-9-95. Under the common order, W.P.Nos. 14897/90,15938/90 and 17083/90 came to be dismissed and W.P.No. 1597/91 came to be allowed. The suo motu selection towards excess holding of the declarant has been set aside. I feel it apposite to refer the relevant portion of the common order passed in the writ petition which is thus: