SREELATHA BBUPAL Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) W.P. No. 4118 of 1973 seeks two relief Flstly a mandamus is sought directing the respondents to pay forthwith to the petitioner compensation for the lands surrendered by her under the Andhra Pradesh Ceiling on Agricultural Holding Act, 1961 (hereinafter called the Act) and the Rules made thereunder. Secondly la effect a direction is sought prohibiting the 3rd respoadent from proceeding with the revision under section 19 (1) as amended by Act 1 of 1972 with effect from 19-1-1972. The facts in outline are that the petitioner's husband owned extensive lands in Gadwal. After the Act came into force, the Revenue Divisional Officer, Oadwal issued a notice under section 3 (2) of the Act directing the petitioner's husband to file declaration of his holding. The petitioner's husband accordingly filed the declaration. The Petitioner's husband died in 1969 leaving behind him the petitioner and three Minor children. The Revenue Divisional Officer held an enquiry under lection 6 of the Act. By his order dated 25-1-1971 he held that the petitioner, the legal representatives of the petitioner's husband, held the land of an extent of 29,72 family holdings in excess of the ceiling area which they were entitled to hold. A Notice was then issued to the petitioner under Section 7 (2) on 23-1-1971 requiring the petitioner to file a statement indicating the land which she proposes to surrender. The Petitioner thereupon filed a detailed statement of the lands she proposed to surrender on 19-3-1971.

(2.) The Revenue Divisional Officer on being satisfied after an enquiry that the lands proposed to be surrendered satisfy the requirements of section 7 (1) and (2) of the Act passed an order on 31-3-1971 under section 7 (3) of the Act approving the surrender of 713-16 acres (an equivalent of 29-72 family holdings) by the petitioner. The petitioner thereafter filed an application before the Revenue Divisional Officer for fixation of the compensation in respect of the lands surrendered under section 10 of the Act. The Revenue Divisional Officer fixed compensation of Rs, 6,44,265.09 as payable to the petitioner in respect of the lands surrendered by her.

(3.) The Revenue Divisional Officer published a notification containing particulars of the lands surrendered by the petitioner and the compensation payable therefor in the Andhra Pradesh Gazette on 7-7-1971 according to section 11 of the Act. Instead of paying the compensation as determined, the District Revenue Officer, Mababoobnagar, the 3rd respondent, issued a notice dated 21-3-1972 proposing to revise the orders of the then Revenue Divisional Officer dated 15-4-1971 fixing compensation of the lands surrendered by the "petitioner. This notice is purported to have been issued under section 19 (1) of the Act as amended. The petitioner therefore filed a counter contending inter alia that the 3rd respondent has no jurisdiction to revise the order fixing the compensation which was passed before the District Revenue Officer was conferred with the jurisdiction to revise the orders of the Revenue Divisional Officer and when on the day the notice was issued the order sought to be revised had become final. Although this counter was filed on 17-5-1972, the 3rd respondent has not disposed of the revision proceedings, nor has he paid the compensation determined earlier. Hence this Writ Petition. Writ Appeal No. 808 of 1973 arises out of W.P. No. 2439 of 1973. In that case also, the proceedings under the Act were commenced in 1962. It was ultimately foun'd that in so far as Kothagudem Revenue Division was concerned, the petitioners had to surrender a total extent of Act. J 2178.