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1997 Supreme(SC) 894

D.P.WADHWA, K.RAMASWAMY
Konda Venugopala Raju – Appellant
Versus
State Of A. P. – Respondent


ORDER

This special leave petition arises from the judgment of the learned Single Judge of the Andhra Pradesh High Court, made on August 7, 1996 in C.R.P. No. 1917 of 1993.

2. The admitted facts are that the petitioner filed declaration in respect of certain lands under his holding and requested for exclusion of lands from his holding. The primary Tribunal found that the family of the petitioner was holding 0.1358 standard holding of land in excess of the ceiling area on the notified date. It was confirmed by the High Court in C.R.P. No. 1917 of 1993, Resultantly, notice in Form VI was issued to the petitioner to surrender the said excess land under Section 10 of the Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1972 (for short, the Act ). The petitioner filed an I.A. before the Land Reforms Tribunal, Eluru seeking appointment of a Commissioner stating that 5 acres 66 cents of the lands are non-agricultural lands and, therefore, it is required to be excluded from his holding. By order dated March 24, 1990, it rejected the application, but, on revision before the Land Reforms Tribunals in I.A. No. 5/90, the Tribunal allowed the application and directed appointmen







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