ANANT RAO SHARMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) 1. The petitioner is the owner of agricultural lands in Tenkati village of Andhole taluk, Medak district. He filed a declaration under section 5 of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (referred to hereinafter merely as 'the Act') before the Revenue Divisional Officer, Medak. The Revenue Divisional Officer, Medak decided that the petitioner had an extent of 2.485 family holdings in excess of the ceiling area. On that basis, the Revenue Divisional Officer issued a notice under section 7 (1) of the Act. As the petitioner did not file a statement indicating the actual extent of lands for surrendering them as required under section 7(3) of the Act The Sub-Collector passed orders in his proceedings dated 24-11-1971 accepting the surrender of the lands proposed by the Tahsildar under section 7 (4) of the Act. The petitioner preferred an appeal against the Sub-Collector's orders under section 18 of the Act and that was rejected by the Sub-Co Hector as per his orders dated 29-2-1972.

(2.) The Sub CoUcctor, Medak issued a notice dated 7-12-1971 to the petitioner to the affect that the land" mentioned therein have been surrendered under Section 7 of the Act by Sri Ananta Rao Sharma son of Krishna Rao and directed the petitioner to prefer a claim for compensation. The Sub Collector on 24-3-1972 directed the petitioner to receive compensation.

(3.) The petitioner says that he fell ill nearly six months and that he could not attend the office of the Sub Collector, .Medak to receive compensation; and when the petitioner approached the Sub Collector referred the matter to the Collector, Medak seeking instructions in the matter. By that time, the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 was passed. The Collector in his turn referred the matter to the Government. The petitioner also submitted a representation on 18th July, 1974 to the Government pointing out the impropriety of the action of the officers in referring the matter to Government and seeking early issuance of directions to the officers for payment of compensation to the petitioner. The Government ultimately issued a memo dated 2.1-5-1974 rejecting the claim of the petitioner for payment of compensation for the lands surrendered under the Ceiling Act, 1961. It is that that occasioned the filing of this writ petition under Article 226 of the Constitution of India seeking a declaration that the memo of the Government dated 21-5-1974 is in operative and that the petitioner's right to receive compensation payable under the Ceiling Act, 1961 remains intact