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2009 Supreme(AP) 820

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD.
A. GOPAL REDDY and B. CHANDRA KUMAR, JJ.
Government of Andhra Pradesh, through District Collector, Medak District at Sangareddy and others – Appellant
verses.
V. Swarajyalakshmi and others – Respondent
A.S.No.4183 of 2004
Decided on 19-11-2009.

Advocates Appeared:
Advocate General and the G.P for Appeals for the Appellants.
Mr. J.V. Suryanarayana, Senior Counsel for Mr. T. Sudhakar Reddy, Counsel for Respondent Nos. 1 to 5.
Mr. M. Narender Reddy, Counsel for Respondent No.9.
Mr. N. Praveen Kumar, Counsel for Respondent Nos. 10 to 15.

Headnote:A) A.P. LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS) ACT, 1973, Section 26 – Civil Courts’ jurisdiction is barred in view of the provision to examine the validity of surrender proceedings as separate mechanism is provided under the Act for this purpose.

       B) A.P. LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS) ACT, 1973, Section 17 – Once an order of the primary Tribunal declaring the land held as surplus under the Act any alienation after surrendering of such land is null and void.

JUDGMENT

(Per A. Gopal Reddy, J.)

Defendants 11 to 13, namely, Government of Andhra Pradesh represented by its District Collector, Medak District at Sangareddy, Revenue Divisional Officer-cum-Land Reforms Tribunal, Sangareddy, and Mandal Revenue Officer, Sangareddy respectively, in O.S.No.14 of 2003 filed this appeal challenging the judgment and decree of the District Judge, Medak at Sangareddy dt. 15-4-2004, whereunder the suit filed by the plaintiffs, who are respondents 1 to 5 herein, to declare that they are in lawful possession over the suit schedule land; to grant perpetual injunction restraining defendants 11 to 13 from dispossessing them from the suit schedule land and to declare that the plaintiffs 1 to 5 are entitled to get their names recorded in Record of Rights for having purchased the suit schedule land from their vendors, namely, defendants 5 to 10, was decreed.

2. This case has had a chequered history and is a classic example how unscrupulous litigants hoodwink the laws and exploit the loopholes in the legal system to their advantage.

3. The relevant facts as per the pleadings and evidence are summarized as under:

Originally the land bearing S.Nos.450 to 452, 454, 455, 460, 461, 464 and 468 measuring about 300 acres situated at Kandi village, Sangareddy Mandal belonged to Syed Saduddin and they were in possession of Syed Khaja Azeemuddin and Syed Anwarulla. Maharaja Yadavender Singh, who died on 11-6-1974, purchased the said land popularly known as M/s. Yadavendra Plantations and raised a loan from State Bank of India, Shamsheergunj Branch, Hyderabad (4th defendant) by mortgaging the said land for the purpose of development. For non-payment of loan amount, the fourth defendant-bank filed mortgage suit, O.S.No.27/1973 on the file of Subordinate Judge, Sangareddy, which was decreed on 29-8-1975 and a preliminary decree was passed. Later, on 5-8-1976 a final decree was also passed in LA.No.145/76. In spite of final decree, the defendants 1 to 3 neither redeemed the property nor discharged the decretal amount. On enforcing Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter called as "the Ceiling Act"), which came into force with effect from 1-1-1975, the owners of land, namely, M/s. Yadavendra Plantations, owned by defendants 1 to 3 (2 major sons and widow of Maharaja Yada Vender Singh), filed three declarations under Section 8(1) of the Ceiling Act before the Land Reforms Tribunal, Sangareddy. On enquiry, the Land Reforms Tribunal held that out of 300 acres owned by M/s. Yadavendra Plantations, 148.74 acres of land was surplus land, excess than the ceiling limit, and is liable to be surrendered to the Government vide C.C.Nos.2325 to 2327/S/75 dt. 22-7-77. State Bank of India is not a party to the proceedings before the Land Reforms Tribunal. The Bank, against the orders of the Land Reforms Tribunal accepting the surrender of the excess land to an extent of Ac. 148.74 cents, filed three appeals, LRA Nos. 328 to 330 of 1976, before the Land Reforms Appellate Tribunal, Hyderabad, contending that Bank was not given an opportunity to put forth its case before the Primary Tribunal i.e., Land Reforms Tribunal. The Land Reforms Appellate Tribunal accepting the contention of the Bank remanded the matter for fresh enquiry with a direction to give an opportunity to the Bank and finalize the proceedings. After such remand, the Primary Tribunal after hearing the objections of the Bank and after considering the material on record, recorded the same finding by its order dt. 22-7-1977 and accepted the surrender of aforesaid 148-74 acres of land. Thereupon, the declarants filed LRA No.746/77 and the Bank filed LRA Nos. 773 to 775 of 1977 before the Land Reforms Appellate Tribunal, Medak at Sangareddy against upholding its earlier order passed by the Primary Tribunal. The Land Reforms Appellate Tribunal by its order dt. 9-11-1977 disposed of all the appeals directing the decree holder-Bank to proceed,

























































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