DUBBASI MALLAYYA Vs. GOVT OF AP

JUDGEMENT

(1.) The appellants are the Petitioners in the writ petition who challenged the order of the first respondent dated 13-7-1977 declining to confirm the sale of the lands in Survey Nos. 248, 249, 293 and 310 situated in Bhupalapalli village and the land in Survey No. 7 situated in Jangaid village of ParKal taluk, Warangal district.

(2.) The facts culminating in the writ petition as well as this writ appeal may be briefly stated. The Pattadar of the lands failed to pay the land revenue to the extent of Rs. 5,515-19 Ps. and certain extents of land in the survey numbers indicated in the writ petition were attached on 24.1270 brought to sale by public auction by the Tahsildar, Parkal on 28.5.1973. The appellants petitioners purchased different extents of land in the said auction. The petitioners deposited 15% of the bid amount on the date of auction and some of them failed to deposit 85% of balance bid amount within 30 days as prescribed by the rules and some of them deposited the balance bid amount after a delay of two days. The auction was held again on 18.4.1975. The initial deposit as well as the balance amount was paid with respect to this auction. The Tahsildar submitted proposals to the SubCollector Warangal for confirmation of sale and issue of sale certificate under the provisions of the Act. The SubCollector rejected the proposals for confirmation of sale as the defaulting patta- dar was holding the lands to the extent of Acs. 775.29 cants which is in excess of the ceiling area prescribed by the A.P. Land Reforms Act and held that the sale of lands was prohibited by the said Act. On a further ground that 85% of the bid amount was paid after a delay of two days in respect of certain sales confirmation was withheld on this ground also. There upon the petitioners made representations to the Commissioner of Land Revenue, Hyderabad and also to the Government who declined to interfere. The authorities refused to confirm the sale on the ground that the sales took place after 2.5.1972 and they are null and void in view of the provisions under Sec. 7 (2) and 17 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act' 1973 herein after called ''The Act". The learned Single Judge held that in respect of some petitioners the balance bid amount of 85% was not paid within the stipulated time and as a matter of right they are not entitled for confirmation of sale and further held that the sales are hit by Sec. 7 (2) as well as Sec. 17(1) r/w 17(3) and null and void.

(3.) The learned counsel for the appellants Sri M. R. K. Choudary apart from contending that the delay of two days in depositing the balance of 85% bid amount is not fatal to the confirmation of sale raised two-fold contention namely that the auctions held by the authorities under the Revenue Recovery Act pursuant to the certificate for the recovery of the arrears of land revenue are involuntary sales and as such the provisions of the Act does not nullify such sales and the expression any other" authority occuring in Sec. 17 (3) should be read as an adjudicating authority in conformity with the categories of authorities preceding the same by invoking the rule of Ejusdem Generis. To appreciate the contentions it is necessary to get at Sec. 7(2), 17 (1) and 17 (3) of the Act which are as follows :