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1992 Supreme(AP) 270

Andhra Pradesh High Court
Judges : G.RADHA KRISHNA RAO, IYYAPU PANDURANGA RAO
Laxama Reddy - Appellant
Versus
State OF A.P. - Respondent
Decided On : 04-23-92

A clerical or arithmetical mistake under Rule 16 (5) (b) of the A. P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974 is limited to slips or mistakes made in the performance of clerical work or errors in reckoning figures, and does not extend to substantive errors or the non-application of Government Orders.

Headnote:

LAND REFORMS - CLERICAL OR ARITHMETICAL MISTAKE - RULE 16 (5) (B) OF THE A. P. LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS) RULES, 1974 - INTERPRETATION - SCOPE AND APPLICABILITY - DISTINCTION BETWEEN CLERICAL/ARITHMETICAL MISTAKE AND SUBSTANTIVE ERROR - JUDICIAL REVIEW - LIMITS AND PARAMETERS.

Fact of the Case:

The petitioners, declarants under the A. P. Land Reforms Act, sought to correct alleged clerical mistakes and determine the Standard Holding of each declarant in the interest of equity. The primary Tribunal and the Appellate Tribunal dismissed their petition, holding that the alleged mistake in the computation of the holding was not raised earlier. The petitioners challenged this order in revision, contending that the mistake was a pure and simple clerical error that should be corrected under Rule 16 (5) (b) of the A. P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974.

Finding of the Court:

The court held that the alleged mistake in the computation of the holding was not a clerical or arithmetical mistake within the meaning of Rule 16 (5) (b) of the Rules. It observed that a clerical error is a slip or mistake made in the performance of clerical work, while an arithmetical mistake is an error in reckoning figures. The court further held that the petitioners' contention that the mistake was due to the non-application of a Government Order (G. O.) was not tenable, as the G. O. was not relevant to the determination of the holding. The court also overruled two previous decisions, K. Rama Rao v. State of Andhra Pradesh and Chenchi Reddy v. State of A. P., which had taken a more liberal approach to the correction of mistakes under Rule 16 (5) (b).

Issues: 1. Whether the alleged mistake in the computation of the holding was a clerical or arithmetical mistake within the meaning of Rule 16 (5) (b) of the A. P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974? 2. Whether the petitioners' contention that the mistake was due to the non-application of a Government Order (G. O.) was tenable?

Ratio Decidendi: 1. The court held that a clerical error is a slip or mistake made in the performance of clerical work, while an arithmetical mistake is an error in reckoning figures. The court found that the alleged mistake in the computation of the holding did not fall within either of these categories. 2. The court held that the G. O. was not relevant to the determination of the holding and, therefore, its non-application did not constitute a clerical or arithmetical mistake.

Final Decision: The court dismissed the revision petition, holding that the alleged mistake was not a clerical or arithmetical mistake and that the petitioners' contention regarding the G. O. was not tenable.

LYYAPU PANDURANGA RAO, J.

( 1 ) THIS Revision petition is directed against the order dated July 9,1991 of the chairman, L. R. A. T. Sangareddy, rejecting the revision petitioners claim to correct the alleged clerical mistakes and determine the Standard Holding of each of the declarants in the interest of equity.

( 2 ) THIS matter originally came upto before A. Lakshmana Rao, J. , while he was sitting single. Before the learned single Judge the decisions reported in A. Reddy Yerrayyamma vs. Authorised Officer, K. Rama Rao vs. State of Andhra pradesh and Chenchi Reddy vs. State of Andhra Pradesh were cited to impress upon the learned Judge that the point involved is nothing but a pure and simple clerical mistake and the same has to be corrected as prayed for. The learned judge having heard the matter observed as follows:"in the instant case, after the order of the Land Reforms Tribunal had become final, the declarants filed a petition under Rule 16 (5) (b) for rectification of the mistake in the computation of their holdings. The primary Tribunal as well as the Appellate Tribunal dismissed the petition holding that the alleged mistake in the computation of the holding was not raised earlier either before the Appellate Tribunal or this Court in the revision petition. In such circumstances, it has to be considered whether in the exercise of power under Rule 16 (5) (b) the tribunal can correct the alleged mistake in computation of holding after the decision declaring the holding had become final. This question is likely to arise in many cases. In my view, the views expressed by the learned Judges referred to above require reconsideration. "so observing, the learned Judge, directed the office to place the papers before the Hon ble the Chief Justice for posting the case before a Bench and accordingly, the said case came up before this Bench.

( 3 ) BEFORE considering the point that arise for consideration, certain facts which are relevant, be noted. One Lakshma Reddy had two sons Janardhana Reddy and Narasimha reddy. Lakshma Reddy and his two sons Janardhana Reddy and Narsimha reddy filed three separate declarations which were numbered respectively as c. C. 1247/npr/75, C. C. 1248/npr/75 and C. C. 1246/npr/75. Narasimha reddys brother-in-law one Rajendra Reddy also filed a declaration which was numbered as C. C. 1249/npr/75. The declarations of Lakshma Reddy and his two sons and Rajendra Reddy were considered and as per orders dated January 21, 1977 the Land Reforms Tribunal (hereinafter referred to as the Primary tribunal ) held that the father Lakshma Reddy was a non-surplus holder; janardhana Reddy hold lands equivalent to 2. 2343 Standard Holding in excess of the ceiling area which he is liable to surrender and Narasimha Reddy hold lands equivalent to 4. 4300 Standard Holding in excess of the ceiling area which he is liable to surrender. Aggrieved by the said orders, while the father lakshman Reddy filed L. R. A. T. No. 605/77; Janardhana Reddy filed l. R. A. T. No. 603/77 and Narasimha Reddy filed L. R. A. T. No. 604/77. The Primary tribunal also held that Rajendra Reddy was not holding any land in excess of the ceiling area and he preferred L. R. A. T. No. 606/77. When the said appeals came up for consideration before the Land Reforms Appellate Tribunal, it was contended before the Land Reforms Appellate Tribunal that certain lands standing in the name of Janardhana Reddy and Narasimha Reddy which were computed as the separate properties of the said individuals by the Primary tribunal were not in fact the separate properties of the said individuals and they were purchased in their names from the joint family nucleus and consequently they have to be treated as the joint family properties of the father Lakshma reddy and his sons Janadhana Reddy and Narsimha Reddy. The said contention was upheld by the Land Reforms Appellate Tribunal and held that properties separately shown in the names of the sons Janardhana Reddy and Narasimha

















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