( 1 ) THE State has referred this revision against the order dated 26-10-1978 passed by the Land Reforms Appellate Tribunal, Nizamabad, excluding pote kharab lands from the holding of the respondent declarant.

( 2 ) IN order to appreciate the contentions advanced by the learned Government Pleader, it is necessary to state certain facts. The respondent filed his declaration and eventually after enquiry he was found to be holding land in excess of the standard holding. Thereafter, proceedings under S. 10, Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 were initiated and the respondent was called upon to surrender the land. The respondent declarant filed a petition before the Primary Tribunal in proceedings under S. 10 of the Act, to exclude pote kharab extent from the holding of the respondent. That petition was dismissed. The respondent preferred an appeal to the Appellate Tribunal which allowed the appeal and excluded the pote kharab lands from the holding of the respondent. Aggrieved by the said order of the Appellate Tribunal, the State has preferred this revision.

( 3 ) MR. Gopalakrishna Murthy, the learned Assistant Government Pleader