JOGAYAMMA M Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two revisions are filed by the petitioners therein questioning the respective orders of the Land Reforms Appellate Tribunal, Kakinada, by which the plea of the petitioners, who are the declarants, for exclusion of certain lands from their holdings during the surrender proceedings was rejected.

(2.) The revision petitioner in C.R.P. 3401/94 is the declarant in L.C.C. No. 913/KDA/75. After due enquiry, the primary tribunal by its orders dated 25-3-1985 finally determined that the declarant is surplus holder and issued notice in Form No. VI directing her to surrender the excess land which was determined at 0.2363 standard holdings. The declarant accepted the said orders and proposed to surrender the land bearing Sy.No. 201 of Gandepalli village. After publishing notice in Form No. VIII calling for objections and after obtaining the suitability report, the primary tribunal accepted the surrender of the said land by orders dated 3-5-1989 and directed the concerned officer to take possession of the land from the declarant. Thereupon, notice in Form No. IX was issued to the declarant by the Revenue Divisional Officer, Peddapuram requiring her to deliver possession of the above said land which she had proposed to surrender towards her excess holding. Aggrieved by such notice, the alleged tenants of the said land filed appeal in L.R.A. No.105/93 before the Land Reforms Appellate Tribunal, Kakinada, contending that they are entitled for tenancy rights in the said land. The declarant was shown as the second respondent in that appeal. During the pendency of the appeal, the declarant filed LA. No. 1070/93 under Rule 16(7) of the Land Reforms Rules framed under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the act') for exclusion of the above said land in Sy. No. 201 from her holding on the ground that the said land was already donated by her grand-father Venkanna to A.P. Bhoodan Yagna Board on 7-8-1964; that on account of ignorance on her part, she showed the said land also in her declaration; that recently a notification under Sec. 15(4) as well as u/s. 15(2) of A.P. Bhoodan & Gramdan Act, 1965 is published in the Gazette on 11-11-1993; that in view of such publication in the Gazette the above said land has to be excluded from her holding as per Sec. 23(g) of the A.P. Land Reforms Act and that, therefore, the said land may be excluded from her holding. The appellate tribunal, however, rejected such contention on the ground that the orders passed by the primary tribunal as well as the appellate tribunal fixing up the excess holding of the declarant had already become final and the above said land was also surrendered by the declarant towards her excess holding; that the present request of the declarant made during the surrender proceedings cannot be accepted for excluding any land from her holding and that, therefore, I.A. 1070/93 filed by her was liable to be dismissed. The declarant had also filed LA. 1069/93 before the appellate tribunal for receiving the memo issued by the Government and the Gazette notification by way of additional evidence. Both the said petitions were dismissed by the appellate tribunal. The present revision in C.R.P. 3401/94 is filed by the declarant questioning the above said orders of the Land Reforms Appellate Tribunal dated 16-6-94 passed in LA. 1069/93 and LA. 1070/93 in L.R.A. No.105/93.

(3.) C.R.P. No. 3130/94 is filed by the declarant in L.R.A. 101/93 on the file of the Land Reforms Appellate Tribunal, Kakinada questioning the orders dated 15-6-1994. The revision petitioner herein is the son of one Bangaraiah who was the declarant in L.C.C. No. 780/KDA/75. The primary tribunal by its orders dated 19-11-1989 finally determined that the declarant is holding land equivalent to 0.0500 Standard Holdings in excess and the said orders had become final. As the declarant failed to propose the land of his choice for surrender, the primary tribunal issued notice under Sec. 10(4) of the Act on 7-10-1992 informing him that the land bearing Sy.No. 492/2 of G. Medapadu village belonging to him is provisionally selected for surrender towards the excess holding and he can file his objections if any for such proposal. As no objections were received from the declarant as well as from any third parties to Form No. VIII notice and after receiving suitability report from the concerned officer, the primary tribunal passed the orders dated 14-6-1993 selecting the above said land in Sy.No. 492/2 towards the land to be surrendered by the declarant towards his excess holding. As the declarant died in the mean while, his son, who is the present revision petitioner, thereupon filed the appeal before the Land Reforms Appellate Tribunal questioning such orders passed by the primary tribunal. Subsequently, during the pendency of the appeal, the appellant got the grounds of appeal amended by raising the plea that an extent of Ac. 1.00 in Sy. No. 496/3 in G. Medapadu village belonging to him has to be excluded from his holding as per Sec. 23(g) of the Act as it was donated to Bhoodan Yagna Board on 6-8-1964; that the required notification was published by the State Government in the Gazette dated 11-11-93 about the said donation made to Bhoodan Yagna Board and that in view of such notification, the above said land donated to Bhoodan Yagna Board has to be excluded from his holding. The Land Reforms Appellate Tribunal however, rejected such plea of the appellant on the same ground that such plea cannot be raised during the surrender proceedings as the orders passed by the tribunals regarding the excess holding of the land had already become final. Aggrieved by such orders dated 15-6-1994 passed by the appellate tribunal C.R.P. 3130/94 is filed by the appellant in L.R.A. 101/93.