VALAM ERAPPA Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner filed a declaration under section 5(2) of the Andhra Pradesh Ceiling on Agricultural Holdings Act. The Revenue Divisional Officer, Dharmavaram after a proper enquiry passed an order on 27th July, 1962 refusing to accept the contention of the landholder that certain survey numbers admeasuring 79 acres and 98 cents were leased out to tenants since 30 years and that they should be therefore exempted from the ceiling under the Explanation to section 3 of the Act. The Revenue Divisional Officer also rejected the contention of the petitioner that 84 acres of land is a compact holding within the meaning of section 16(h) of the Act and therefore ought to have been exempted.

(2.) Dissatisfied with that order of the Revenue Divisional Officer, the petitioner carried the matter in appeal. The Collector rejected both these contentions and consequently dismissed the appeal. It is this concurrent view of the tribunals below that is now assailed in this revision petition.

(3.) The first contention of Mr. I. Balaiah, the learned Counsel for the petitioner, is that Survey Nos. 135 and 130 of M. Hanumapuram and S. Nos. 227 and 228 of Thumbiganur admeasuring in all 78 acres and 98 cents have been leased out to tenants since the last 30 years. These lands therefore ought to have been exempted under section 3 of the Act.