M PRABHAKAR REDDY Vs. NARSINGOJU VENKATAIAH

JUDGEMENT

(1.) This Revision Petition arises out of judgment dated 13-10-1993 passed by the Chairman, Land Reforms Appellate Tribunal, Karimnagar in Appeal Case No.54/93.

(2.) The case of the petitioner precisely is that one Dr. (Smt.) A. Arunjyothi, the 2nd respondent, surrendered an extent of Ac. 5-00 of land out of S.No. 858-D, situated in Molangoor village of Keshavapatnam mandal of Karimnagar district, Pursuant to her filing declaration before the Land Reforms Tribunal. The authorities accepted such surrender and the land vested in the Government. Consequent upon the vesting of the land in the Government, the 1st respondent was assigned an extent of 2 acres of land in the said S.No.858-D.

(3.) The grievance of the petitioner is that the 2nd respondent instead of surrendering her own land had surrendered the land which had fallen to the share of the petitioner; that the authorities without verification and without the assistance of proper sketches, which were to be filed along with the declaration, have erroneously accepted the surrender of the land by the 2nd respondent; that the petitioner was not aware of the fact that his land was surrendered by the 2nd respondent and that he was in fact in possession of the land and doing agricultural work. It is also contended that it was only when the 1st respondent tried to claim the land, the petitioner moved the Civil Court by way of a suit, which is pending adjudication and that in order to unearth the reality of surrender by the 2nd respondent and in order to get the mistake rectified, he filed an application before the primary Tribunal for rectification of mistake under Rule 16 (5) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules. The primary Tribunal, therefore, directed the Assistant Director, Survey & land Records, Karimnagar to enquire into the matter and submit a report. The Assistant Director along with the Inspector of Survey and Mandal Surveyor inspected the land and submitted a report stating that the land surrendered by the 2nd respondent belonged to the petitioner. Basing on the said report, the primary Tribunal directed rectification of the records.