STATE OF ANDHRA PRADESH Vs. VEMULAPALLI GANGADHARA RAO

JUDGEMENT

(1.) In this revision petition field under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act), the only question that arises for consideration is, whether the Tarams that are referred opposite to the category "Delta-dry" (Wet on ground) in the First Schedule of the Act, should be the Tarams as registered in the revenue and settlement records or whether they are the Tarams which the Tahsildar has to fix under Explanation III to Schedule I.

(2.) The relevant facts are as follows: The lands bearing D. Nos. 314|2, 289/1 289/2 of Peddapulivarru Village, Repalle Taluk, Tenali Division, Guntur District, were classified as dry land in the revenue and settlement registers. They are in the Delta area and are converted into wet lands and they come under the category of Delta-dry (Wet on ground) . Section 5 of the Act provides that for the purpose of the Act, the lands shall be classified as set out in the First Schedule. The First Schedule provides that wet lands bearing the Tarams or Bhagannas in each of the settlement tracts or groups, as the case may be, shall be classified as Classes A, B, C, D, E, and. E, and dry lands as G,H, I, J, and K, as shown in the Table appended to the First Schedule. Serial No. 4 of Part I of the First Schedule refers to the categories of lands and their Tarams in Guntur and Prakasam Districts. In the said categories, Delta-dry (wet on ground) bearing tarams 3 to 6 fall under Class B, Tarams 7 to 9 under Class C, and Tarams 10 to 13 under Class D.

(3.) The learned Counsel for the respondent contends that the Tarams which the said lands bear as Delta-dry (wet on ground) in the revenue settlement register should be taken as the basis and not the Tarams fixed by the Tahsildar under Explanation III, to First Schedule. The Appellate Tribunal accepted the contention of the respondent (declarant) and" held that the classification of the said lands should be made by adopting the Tarams of the said as registered in the revenue and settlement register as Deltadry (wet on ground) .