TAHERA YOUSUF KADRI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) BRIEF CASE OF THE PETITIONERs One Shri Mohd. Amjad All Khan, was the owner of agricultural land in an extent of Ac. 481. 61 situate in Sy. Nos. 270, 284 to 300, 302, 304, 306, 307 and 311 to 317, Bachupalli village, Medchal Taluq, Ranga Reddy District. He died in the year 1950. After his death, his wife, namely Smt. Rabia Begum, his two sons, namely Ahsan Ali Khan and Akram Ali Khan, and his two daughters, namely Tahera Yousuf Kadri and Qudsia Sajjad, the petitioners herein succeeded to his property, and since then they were in enjoyment and possession thereof.

(2.) WHILE so, the A. P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Land Reforms Act') came into force w. e. f. 01. 01. 1975. The petitioners state that their mother, their two brothers and themselves, filed declarations separately under Section 8 (1) of the Land Reforms Act, in respect of an extent of Ac. 481. 697 cents of land in the above mentioned survey numbers, before the Land Reforms Tribunal, Hyderabad East Division, on 14. 04. 1975. The Land Reforms Tribunal, after hearing the petitioners, who were represented by a counsel, passed common order dated 31. 08. 1976 in C. C. Nos. 1995/m/75, 1972/m/75, 1997/m/75, 1954/m/75 and 2001/m/75, under Section 9 of the Land Reforms Act, determining their standard holding as per muslim law. The Land Reforms Tribunal found that the mother of the petitioners, namely Rabia Begum, was holding surplus land at 0. 1619, their brothers, Ahsan Ali Khan and Akram Ali Khan each at 1. 7111 and the petitioners each at 0. 3555, and further held that they are liable to surrender the said excess land under Section 10 (1) of the Land Reforms Act.

(3.) WHILE the matters stood thus, the petitioners state that their mother died on 30. 10. 1990, and as they did not hear anything with regard to the declarations filed by them under Section 6 (1) of the ULC Act, they made enquiries with the revenue officials and came to know that respondent No. 3 has suo motu taken up proceedings under the ULC Act, as if the land owners did not file any declarations, and passed orders dated 21. 07. 2004, which was published in official gazette on 15. 11. 2005, determining the holding of the mother of the petitioner, namely late Smt. Rabia Begum at Ac. 471. 14, and further holding that she is entitled to keep an extent of 21,234. 30 Sq. mtrs. , and surrender the remaining extent of 18,86,253. 16 Sq. mtrs. , which was found to be in excess of the ceiling limit, to the Government. The petitioners further state that they were informed by the officials of the State Government that the declarations filed by them and their brothers under the ULC Act were not available, and since by virtue of the gazette notification dated 15. 11. 2005, the land in question, was deemed to have been vested in the Government, they can make applications for regularization of the land in terms of G. O. Ms. No. 456, (Revenue (UC-I) Department, dated 29. 07. 2002, which provided that the excess land owned by the individuals can be got regularized on payment of compensation to the State.