Y LATCHI RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This civil revision petition is directed against the order of the Land Reforms Appellate Tribunal dated 29-4-1995 in LRA No.27 of 1995 confirming the orders of the Land Reforms Tribunal dated 25-3-1995 passed in LCCNo.432/MMD/75.

(2.) The petitioner before us claims to be a tenant in the schedule property and subsequently, according to him, he purchased the same in 1978. The declarant who is the 3rd respondent, inspite of notice, did not submit any surrender proposals. The Tribunal, according to the petitioner, selected his land which was in his possession and enjoyment. The petitioner, therefore, submitted his objections, but the Tribunal did riot give any notice to the petitioner regarding the same. According to the petitioner, if notice was served upon him, he would have apprised the Tribunal of all the facts. But the Tribunal passed an order holding the land in possession of the petitioner to be the excess land. The petitioner filed an appeal against the said order in LRA No.27 of 1995 but the same was dismissed and against the same, the petitioner has come in revision before this Court.

(3.) Further, according to the petitioner, under Section 10 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act') the land which was unencumbered must be selected. When the petitioner purchased the land in question under a registered sale deed, the ceiling proceedings were over. However, according to the petitioner, the declarant was in possession of other lands which were more valuable and the land now sought to be taken was in excess of what was necessary in terms of the standard holdings.