SK MD JANI Vs. KAKUMANU NAGESWARA RAO

JUDGEMENT

(1.) This Writ Appeal, under clause 15 of the Letters Patent, is filed questioning the order dated 30.10.2003 passed by the learned single Judge in W.P.No.2536 of 2003, directing the writ petitioner to submit a representation/application to the Land Reforms Tribunal offering to surrender the land in survey numbers of his choice to the extent of 0.5125 S.H. (Standard Holding) within four weeks from the date of the order.

(2.) The writ petitioner filed a petition under Article 226 of the Constitution of India for issue of a Writ of Mandamus declaring the action of the respondents in taking possession of his land to an extent of Ac.17.94 cents in Sy.Nos.213/A, 213/B, 213/C, 218/C, 219, 222/A and 230/A of Thulluru village, Guntur District, contrary to the offer made by him, as illegal, arbitrary and violative of Article 14 of the Constitution of India.

(3.) The main allegations made in the petition before the learned single Judge are that the Land Reforms Tribunal held that father of the writ petitioner possessed land to an extent of Ac.0.5125 S.H. in excess of the ceiling limit; thereafter, proceedings were initiated for surrender of the same. Since the declarant did not identify lands for surrender, the Land Reforms Tribunal passed order dated 09.03.1992, selecting the lands in Sy.Nos.213/A, B,C; 218/C, 219, 222/A and 230/A of Thullur village. The writ petitioner also contended that his father died in the year 2001 and their family is in possession of the land referred to in the said survey numbers, so much so, they were issued pattadar pass books also. He also claims that he offered to surrender the lands in Sy.Nos.104/A, 104/B, 242, 264/A and 265/A. Without considering the said proposal for surrender, respondents are allegedly taking steps to cancel the pattadar pass books and trying to interfere with the possession and enjoyment of the lands covered by the surrender order dated 09.03.1992 and, therefore, sought appropriate directions from the Court.