TALURI NAMMAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Civil Revision Petition is filed under section 21 of Andhra Pradesh (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Act'). The Civil Revision Petition in the first instance came up before our learned brother, Ramachandra Rao, J. On the ground that the questions involved are of considerable importance, he referred the case to a Division Bench. That is how this case came up before us

(2.) The petitioner filed his declaration as provided under section 8 of the Act before the Land Reforms Tribunal, Kovvur. The Tribunal found that the family unit of the petitioner owns an extent of land equivalent to 0. 4025 standard holding in excess of the ceiling area and is there fore liable to surrender that land as provided under section 10(1) of the Act. Aggrieved by that finding, the petitioner preferred an appeal befom the Land Reforms Appellate Tribunal, West Qodavari at Blum questioning the correctness of the view taken by the Land Reforms Tribunal that certain lands are double crop wet latds as defined in Section 3(d) of the Act.

(3.) The Land Reforms Tribunal treated the lands relating to S.Nos. 230/2 (0-17 cents) 231/1 (0.86 cents) 241/2(0.47 cents) 23 l/3(Ac. 1.54 cents) 239/2(0. 61 cents)239/3(0.61 cents) 249/3(0,93 cents),249/4(0.51 cents)249/5 (0.47 cents), 249/6 (0.47 cents) 249/A (Ac. 1-30 cents) and 249/8(0.32 cents aa Double crop vet lands. With regard to these lands the contention of the petitioners, is that they are not included in B-schedule appended to the draft Rules relating to irrigation of lands under Godavari Western, Eastern and Central Dealtas published in the Gazette dated 16th July, 1962 (hereinafter referred to as 'the Draft Rules') so as to attract the definition of' double crop wet land' as defined under Section 3(d) of the Act. Another contention raised by the petitioner is that though the lands in S.Nos. 477/1 (0.96 cents) 477/4 (Ac. 0.500 cents), 478/1 (Ac.2-80 cents), 486/4 (0 44 cents and 478/3(1) 18 cents) are included in B-Schedub, since they are also included in triennial rotation zone of'A' Schedule appended to the Draft Rules, for the purpose of raising second crop, water was made available only in those Faslis when there was second crop according to triennial rotation and water was not supplied during the Faslis when there was no second crop and that not only these lands but also all the lands in the neighbourhood did not enjoy every year the facility of water during the second crop season. Therefore they cannot be treated as 'double crop wet lands'.