ALLURU SUDHAKARA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The only question for consideration in this petition filed under sfction 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (here-in-after referred to as the Act) is, whether the petitioner's land situated in Vovveru village should be treated as dry lands or wet lands.

(2.) On this question the Land Reforms Tribunal held that the fact that these lands were irrigated for four fasli years within a continuous period of six fasli years immediatly before the specified date was established by the village accounts, that it was also established that they were being irrigated by water from Kanigiri reservoir which is a Government source of irrigation and that they fall within the definition of 'wet land'under section 3 (v) of the Act.

(3.) Before the Land Reforme Appellate Tribunal it was urged that the lands should be treated as dry lands as they were being cultivated with the help of an oil engine and water was being pumped out from a distance of one mile from a channel by means of an oil engine to a height of 30 feet, that the Government permitted water to be taken by pumpset only if the level of the water in the tank was more than 14 feet, that the petitioner could take water only from October when the level of the water was more than 14 feet, and that the petitioner spent huge amount for erecting the pipe line for pumping out water.