GOVERNMENT OF ANDHRA PRADESH Vs. K MAHALAKSHMAMMA

JUDGEMENT

(1.) In this revision petition filed by the Government under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agrl. Holdings) Act, 1973 (hereinafter called the Act), the only question that arises for consideration is whether 0-44 cents in R S. No. 247/2 of Pothunuru village, can be treated as 'land' within the meaning of Section 3 (j) of the Act.

(2.) The contention of the respondent-declarant is that the said land is being used for keeping hayrick for over 30 years and therefore it should be excluded from her holding. In the verification report it was mentioned that the land was kept waste for six faslis from 1369 lasli onwards and that it was classified as falling within Class 'C'. The Primary Tribunal inspected the said land and observed that there were no crops raised for the last six years, that the land was used for keeping hayricks and that though it was registered as wet, it should be treated as dry for the purposes of computation of the holding of the declarant-respondent.

(3.) The respondent-declarant preferred an appeal before the Land Reforms Appellate Tribunal, and contended that the Primary Tribunal erred in classifying the land as dry land that the same could not be treated as 'land' and therefore it should be excluded from her holding. The Chairman of the Appellate Tribunal held that the land was being used for keeping hayrick, that it was not being used for purposes of agriculture and that it is being used for non-agricultural purpose which is beneficial to an agriculturist and therefore it should be excluded from the holding of the respondent-declarant.