B HANIMIREDDY Vs. STATE OF A P

JUDGEMENT

(1.) This revision petition by the declarants in C.C.No. 1052/75 on the file of the Land Reforms Tribunal, Kodangal is directed against the order of the Land Reforms Appellate Tribunal, Mahaboobnagar in I.A.No. 416/77 in L.R.A.No. (C.F.R.) No. 288/1977.

(2.) The 2nd respondent herein is the Inamdar of the lands in question and has filed C.C. No. 3228/75. In his holding the 2nd respondent included an extent of Acs. 16-30 cents of inam lands covered by survey No. 90 of Nandaram village in Kodangal taluk, Mahabubnagar District. The petitioner claims that he is entitled to be registered as 'occupant' in respect of half of this land on the ground that he is a 'Kabiz-e-kadim' or as a tenant under the provisions of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1954, The 2nd respondent was declared to be holding 0.4000 and odd standard holdings in excess of the ceiling area to which he was entitled and he was asked to surrender the excess. The petitioner's declaration is still pending adjudication. While so, the 2nd respondent purported to surrender Acs. 16-30 cents of land covered by S.No. 90. That order was passed without notice to the petitioner who has himself declared this land as part of his holding. The land Reforms Tribunal, Kodanga! by its order dated December, 1976 in C.C.No. 3228/1975 purported to accept the surrender of other lands including Acs. 16-30 cents of land covered by S. No. 90 of Nandaram village and directed the Revenue Divisional Officer, Narayankhed to take possession of these lands under Sec. 11 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, As this order would result in dispossessing the petitioner who claims to hold the land and who also claims to be entitled as Kabiz-e-Kadim, he sought to prefer an appeal before the Land Reforms Appellate Tribunal, Maliabubnagar. As he was not eo nominee a party, he filed an application purporting to be under Rule 16(7) of the Act for permission to file an appeal on the ground that the lands held by him are sought to be surrendered by the 2nd respondent and the Tribunal proceeded to accept the surrender without notice to him. The land Reforms Appellate Tribunal was of the opinion that there was no basis for treating him as a party-interested and accordingly refused permission to the petitioner to file an appeal against the acceptance of the surrender of the lands by the 2nd respondent. This revision petition is directed against that order.

(3.) The Land Reforms Appellate Tribunal has wholly misunderstood the scope of the enquiry under section 8 of the Act and the circumstances in which the surrender of any land could be accepted. The claim of the petitioner was that land bearing survey No. 90 of an extent of Acs. 16-30 cents of Nandaram Village being an inam land, the provisions of the Andhra Pradesh (Telangana Area) Abolition of |nams Act. 1954 (Act VIII of 1955) apply and that he being a person answering the description of Kabiz~e-Kadim was entitled to be registered as an occupant. Under Sec.3(1) of the Inams Abolition Act the inams stand abolished and vest in the State with effect from the date of vesting. Section 3(1) reads as follows: