VIJAYACVADA URBAN ZILLA WEAKER SECTION AND ECONOMICALLY BACKWARD CLASSES SOCIETY REP Vs. DHULIPALLA KISHORE KUMAR

JUDGEMENT

(1.) These inter connected Writ Appeals were filed against the common order dated 1-4-1994 passed in Writ Petition Nos. 7996/ 93 and batch by our learned brother Justice Immaneni Panduranga Rao (as he then was). All the cases arise under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976, hereinafter referred to as 'the Central Act'.

(2.) A cursory glance at the affidavits filed in support of the Writ Petitions will reveal that a sustained effort is being made by the land-holder Sri Dhulipala Pardhasaradhi, hereinafter referred to as 'the declarant', by himself and through his proxies to save an extent of Ac 3.30 in N.T.S. No. 42, Ac. 0.89 cents in N.T.S. No. 43 and Ac. 0.87 cents in R.S. No. 21 / 5 in all Ac. 5.06 cents of land situated in Mogalrajapuram, Vijayawada town from the purview of the provisions of the Central Act. All these Writ Petitions sprang subsequent to filing of the declaration under Section 6(1) of the Central Act by the declarant as Kartha of Hindu Joint Family cons1sting of himself, his spouse, minor children and one Kishore Kumar, who attained majority by the time of the filing of the declaration.

(3.) Before adverting to the points raised by the parties concerned in the various Writ Petitions, it is necessary to set out the facts in brief, for better appreciation of the questions involved for adjudication.