RAJA VELUGOTI VENKATA VARADARAJA GOPALA KRISHNA YACHANDRA BAHADURVARU Vs. SPECIAL TAHSILDAR AND AUTHORISED OFFICER LAND REFORMS NELLORE

JUDGEMENT

(1.) The Civil Revision Petition arises out of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agrl. Holdings) Act, 1973 (hereinafter referred to as the Act). The petitioner filed a declaration under Sec. 8 of the Act, on behalf of a family unit consisting of himself, and his wife. The Land Reforms Tribunal determined the holding of the family unit at 2.2729 standard holdings and declared that the family unit is holding excess land equivalent to 1.2729 standard holdings as the family unit is entitled only to hold land equivalent to one standard holding towards the ceiling area as defined under Section 4 of the Act.

(2.) The Land Reforms Tribunal computed the holding of the family unit as mentioned above after excluding an extent of Acs. 19.48 cents of land out of Acs. 24.28 cents of land in Survey No. 230 of Monubolu village. According to the petitioner the entire extent of Survey No. 230 is a tank. Therefore it cannot form part of the holding of the family unit. But on the basis of the report of the Verification Officer, the Land Reforms Tribunal found that only Acs. 19.48 cents out of that Survey Number is a tank, the remaining extent of Acs. 5.00 being on high level it is being used as pasture land.

(3.) With regard to this exclusion of Acs. 19.48 cents from the holding of the family unit of the petitioner made by the Land Reforms Tribunal, the Government preferred an appeal before the Land Reforms Appellate Tribunal, Nellore. The Appellate Tribunal accepting the contention of the Government that the extent of Acs. 19.48 cents cannot be excluded from the holding of the family unit of the petitioner, allowed the appeal and computed the holding of the family unit at 2.7084 standard holdings and declared the excess land over the ceiling area to be 1.7084 standard holdings instead of 1.2729 standard holdings as held by the Land Reforms Tribunal. Hence this revision petition by the declarant.