I NARASIMHA RAO Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed under Article. 226 of the Constitution of India for the issuance of a Writ of mandamus to the Government of Andhra Pradesh, the 1st respondent (i) to act according to law and to take immediate and necessary steps within limits of Act 1 of 1973 providing guidelines in classifying the lands in Bhadrachalm and Nugur taluks for the purpose of Act 1 of 1973; and (ii) the land Reforms Tribunal, Bhadrachalam, Khammam District, the Deputy Tahsildar, Nugur Taluk, Khammam District and the Tahsildar, Bhadrachalam, Khammam District Respondents 2 to 4, forbear for proceeding to fix taram and to classify the lands for this purpose of Act 1 of 1973 in Bhadrachalam division by classifying the lands arbitrarily basing on the taram fixed in upland area of East Godavari Dist. and consequently to declare the acts of the respondents in respect of fixation of taram and classification of lands in Bhadrachalam and Nugur Taluks in Khammam Dist as illegal, void and ultra virus.

(2.) Petitioners 1 to 14 are the landholders owning lands within the limit of Nugur taluk of Bhadrachalam Division and the petitioner No. 15 is having landed property both in Bhadrachalam taluk and in Nugur Taluk of Bhadrachalam Division. All of them have filed their declarations under Section 8 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (Referred to hereinafter merely as the Act) within the time prescribed. They have been served with notices subsequent to their having filed the declarations by enquiring authorities, the 3rd and 4th respondents and in case of some petitioners, enquiries are going on for the purpose of verification of the particulars furnished in the declaration by the petitioners. In case of some others the enquiries are over and the proceedings are pending before the Tribunal passed orders, the respondents considered the entire dry land situated in Bhadrachalam Division as belonging to G class by way of accepting the tarams recommended to be fixed by the concerned authority which was characterised by the petitioners as arbitrary.

(3.) The further complaint of the petitioners is that the Tahsildar even before issuing notices as required under Rule 19 of Explanation II to Sch. I of the Act read with Explanation II to Sch. I of the Act having arrived at conclusions to treat the dry lands of the respective land holders as belonging to Taram 3 classifying the land as belonging to G. Class. The respondents, basis arbitrarily classified the lands as belonging to G. class and thereafter, recommendation of respondents 3 and 4 in each case without having regard to the Rules under the provisions of the Act. The 2nd respondent seemed to have been stating that the Tarams are fixed by the Government Memo No. 1532 (G)/75 dated 16-4-1975 which is in the nature of instructions and, according to the petitioners, that had no application to the facts of the case. The requirement of the prior issuance of notice under Rule 19 also was complained against by the petitioners as not complied with. Even otherwise, they contended, no tarams were fixed in the area and within the jurisdiction of the Tribunal and, as such, Rule 19 has no application. Therefore, the jurisdiction of the authorities is afflicted with that infirmity. The authorities are thus acting not only in excess of jurisdiction whatsoever.