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1977 Supreme(AP) 214

K.A.MUKTADAR, A.R.LAKSHMANAN, A.RAGHUVIR, A.SAMBASIVA RAO, B.J.DIVAN
T. Munuswami Naidu (Died) – Appellant
Versus
R. Venkata Reddi – Respondent


SMABASIVA RAO, J.

( 1 ) IS the operation of S. 56 (1) of the Andhra Pradesh (Andhra Area) Estates Abolition Act (hereinafter referred to as the Abolition Act) limited only to the purposes of Ss. 55 and 56 (1) (a) and (b) of that Act? Cannot the Settlement Officer decide the question as to who the lawful ryot in respect of any holding is when such a dispute arises whole considering the application or applications filed under S. 11 of the Abolition Act for granting ryotwari pattas and also when a similar question arises under the other provisions of the Abolition Act? A Full Bench of three Judges of this Court answered the first question in the affirmative and the second in the negative in Cherukuru Muthayya v. Gadde Gopalakrishnayya (AIR 1974 Andh Pra 85 : 1973 (2) APLJ 209) (FB ). A Division Bench of this Court consisting of Divan, C. J. and Ameraswari J. doubted the correctness of this view and felt that it required reconsideration. That is why as many as five of us are obliged to examine the question.

( 2 ) THE dispute relates to a land of Ac. 12-32 cents. It is in a former Zamindari estate. The present writ petitioner filed O. S. No. 247/48 in the District Munsifs Court Mandanap


































































































































































































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