LINGARAJA RATH, B.S.A.SWAMY
Indupur Sudhir Reddyq – Appellant
Versus
State OF A. P. REP. , BY PRL. SECRETARY TO GOVT. , revenue DEPARTMENT, HYDERABAD – Respondent
( 1 ) THE question strenuously urged in this appeal is the entitlement of a minor son in a coparcenary who has become major after the notified date of the Land reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act ) to a separate ceiling for himself under the Act. Though the question has been answered in the negative by a Bench decision of this Court in C. R. P. No. 1851 and 2042 of 1990, dated 28-8-1997, yet the claim of the petitioner, as submitted by the learned senior Counsel Sri M. V. Ramana Reddy appearing for him, on the plea of the Act though included in the IX Schedule of the Constitution yet does not have the immunity provided under article 31-B of the Constitution of India, and that determination of ceiling without giving an independent ceiling to him amounts to compulsory acquisition of land within the ceiling area without paying market value compensation and hence for the reason the provision of determination of ceiling is hit by the second proviso to Article 31-A of the Constitution, was not considered in the earlier judgment. Hence, we decided to hear the matter and come to an independent conclusion.
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