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1996 Supreme(AP) 622

B.V.RANGA RAJU, P.S.MISHRA
K. Narayanaswami Naidu – Appellant
Versus
State OF A. P. , rep. by the District Collector, Chittoor – Respondent


P. S. MISHRA, C. J.

( 1 )

( 2 ) JOINT Collector, Chittoor has found error in the assignment of land in favour of the appellants. Learned Single Judge, however, has recorded as follows:-"as per the A. P. Board Standing Order 15 (5), the maximum extent of land which may be assigned to the single individual, shall be limited to 5 Acres of dry land, taking into account, both the assigned and the lands owned by him together. Thus, the Petitioner No. l was entitled for assignment of land, vide assignment, dated 5-12-1969 only to the extent not exceeding an extent of 5 acres of Dry land (his owned and assigned land taken together ). After such assignment his total holding comes to acs. 6-26 cents and as such he had excess of Acs. 1-26 of land. Therefore, the land to this extent of Ac. 1-26 cents only was liable to be cancelled, but not Ac. 1-50 cents as has been done by the authorities below. To this extent, the order of both the authorities below, I modify by directing the cancellation of 1-26 cents of land instead of Ac. 1-50 cents regarding assignment of 5-12-1969. So far as the assignment made on 15-1-1972 to the extent of acs. 2-82 cents in S. No. 403/2 of Dasarapally village in favo



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