Y NARAYANA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners Mr. M.V. Durga Prasad.

(2.) Mr. M.V. Durga Prasad, learned Counsel for the petitioners submits that the petitioners' are real brothers of respondent No.2. Respondent No. 2 filed declaration in L.C.C. No. 1146/ELR/75 under Section 8 of the A.P. Land Reforms Act on behalf of his family unit consisting of himself, his wife, a minor son and a minor daughter. The Primary Tribunal by its order dated 15-11-1976 determined the holding of respondent No. 2 and held that he holds an extent of land equivalent to 0.2914 and later under order dated 18-12-1978 to 0.2800 S.H., in excess of the ceiling area. This holding was arrived at in the light of the orders of the Land Reforms Appellate Tribunal in L.R.A. No. 593/77, dated 4-12-1978.

(3.) Against the said order, respondent No. 2 filed a revision before this Court in C.R.P. No. 5499/1979 but the same was dismissed on 4-3-1980 and the order of the lower Tribunal was confirmed. The Land Reforms Tribunal after issuing Form VI notice selected some of the land specified in the schedule, after following the due procedure, against which, respondent No. 2 filed L.R.A. No. 23/85 and the same was dismissed on 21-6-1984 holding all opportunities were given and the relevant rules were complied with. Later, he filed a petition before the Primary Tribunal under Rule 16 (5) (b) of the A.P. Land Reforms Act (sic Rules) alleging that G.O.Ms.No. 813, dated 19-6-1975 is applicable to the lands situated in drought prone area and the benefit of holding of 12 1/2 enhancement of ceiling area has to be given to him. The Primary Tribunal has given benefit of the said G.O. and redetermined the holding of the respondent No. 2 at 0.1586 S.H. to be in excess of the ceiling area. After issuing relevant notices, the Government proposed to take over the lands of Ac. 6.68 in R.S. No. 85/2 of Krishnapuram Village. Again the second respondent preferred an appeal in L.R.A. No. 14 of 1989 and the same was dismissed on 14-12-1992.