STATE OF ANDHRA PPADESH Vs. MATHANGI KANAKAIAH

JUDGEMENT

(1.) This revision is filed by the State of A.P. under Section-21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (for short, the Ceiling Act) against the order of the Land Reforms Appellate Tribunal, Warangal (for short 'LRAT') in L.R.A.No.38 of 1990, dated 17.03.1993. The LRAT, inturn, was dealing with an order, dated 27.10.1986 passed by the Land Reforms Tribunal, Warangal (for short 'LRT') in respect of Ac.0-45 cents of land in Sy.No.477 of Waddepally village, Warangal District.

(2.) Father of the 7th respondent filed a declaration as required under the provisions of the Act in respect of the lands held by him before the LRT, Warangal. On consideration of the same, the LRT passed an order taking a view that the family unit holds an extent of 1.8564 Standard Holdings in excess of ceiling limits. After the death of the original declarant, the LRT initiated proceedings under Section-10 of the Ceiling Act, to resume possession of excess lands. It was in this process that it identified the land in Sy.No.477 of Waddepalle village admeasuring Ac.0-45 cents.

(3.) When the possession of the land was about to be taken, the respondents approached the LRT with a representation stating that their predecessor-in-title, late Mathangi Ramaiah was a protected tenant in respect of the land in Sy.No.477 of Waddepally village under the A.P. (Telanga Area) Tenancy and Agricultural Lands Act (for short 'the Tenancy Act'). It was their case that an ownership certificate under Section-38-E of the Tenancy Act was issued in respect of the entire land in Sy.No.477, and the name of Errabelli Venkateswara Rao, father of the original declarant was deleted and the name of Manthagi Ramaiah was entered as a protected tenant in the faisal patti. The LRT did not accept the plea and rejected their claim. Thereupon, the respondents 1 to 6 filed L.R.A.No.38 of 1990 before the LRAT.