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2012 Supreme(AP) 1240

HIGH COURT OF ANDHRA PRADESH
NOOTY RAMAMOHANA RAO, J.
R. Bhaskara Raju & Another
Versus
State of Andhra Pradesh, Rep. by its Principle Secretary & Others
Writ Petition No. 18442 of 2011
Decided on : 17-12-2012

Advocates appeared:
For the Petitioners:Hari Sreedhar, Advocate.
For the Respondents:R1 to R5, GP for Revenue, R6, Y.N. Lohita, Advocate.

Headnote:A.P. (T.A.) Abolition of Inams Act 1955 - Section 3(2) (b) - Land Reforms (Ceiling on Agricultural Holdings) Act 1973, Section 11---Land - Whether vested in Government, pursuant to abolition of any Inam, or, ceiling surplus land, determination - Proceedings taken place with regard to land in question under Land Ceiling Act - Had land in question been treated to have been vested in State pursuant to abolition of any loom, question allowing any such proceeding to take place would not arise at all - Lands belonging to Government are not subject to land ceiling laws - Lands held by private persons alone are subject matter of regulation by land ceiling laws - All through land in question has been treated by respondents as a ceiling surplus land but not as land vested in State Government, pursuant to abolition of any Inam.

JUDGMENT :-

The two petitioners herein seek a Writ of Mandamus for declaring the action of the respondents in interfering with their possession of land admeasuring Ac.18.00 situate in Sy No. 307 of Gajularamaram Village, Qutbullapur Mandal, Ranga Reddy District, on the basis of a Panchanama prepared by the Mandal Revenue Inspector, Qutbullapur Mandal, Ranga Reddy District on 20.08.2007 as illegal and without jurisdiction and also for declaring the Panchanama prepared by the fifth respondent on 20.08.2007 together with the sketch enclosed thereto as arbitrary and illegal.

2. The case of the petitioners is that, Sri P. Narsimha Reddy and his brother Sri P. Seetharam Reddy were originally the owners of land admeasuring Ac.82.68 cents in Sy No. 307 of Gajularamaram Village, Qutbullapur Mandal, Ranga Reddy District. In accordance with and in terms of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Sri P. Seetharam Reddy and his son Sri R. Venkata Narsimha Reddy filed a declaration in CC.No.178/M/75 and CC.No.141/M/75 respectively in respect of land of an extent of Ac.41.34 cents out of Ac.82.68 cents held by their family, representing one half, situate in Sy No. 307 of Gajularamaram Village, Qutbullapur Mandal, Ranga Reddy District. Though, the declaration also included, some other extents of land, we are not concerned with those lands in the present case. The third respondent, the Additional Revenue Divisional Officer, Land Reforms, Ranga Reddy East Division passed an order on 28.10.1976 setting out Sri P. Seetha Ram Reddy and his son Sri R. Venkata Narsimha Reddy as non-surplus land holders and hence the land in Sy No. 307 of Gajularamaram Village to the extent of Ac.41.34 cents falling to the branch of Sri P. Seetha Ram Reddy stands unaffected by the provision contained in A.P Land Reforms (Ceiling on Agricultural Holdings) Act, 1973.

3. The other branch of Sri P. Narsimha Reddy and his son Sri P. Anji Reddy filed declarations in CC.No.140/M/75 and CC.No.179/M/75 in respect of the other half of land held and owned by them in Sy No. 307 of Gajularamaram Village. On 30.10.1976, the Land Reforms Tribunal held that Sri P. Narsimha Reddy and his son Sri P. Anji Reddy were holding surplus land beyond the permissible ceiling limit imposed by the first Land Reforms Act, 1973. As a consequence of this declaration, Sri P. Narsimha Reddy and his son Sri P. Anji Reddy surrendered land admeasuring AC.38.26 cents out of Ac.41.34 cents held by them in Sy No. 307 of Gajularamaram Village and a certificate in Form-X dated 11.01.1977 was issued evidencing the said surrender.

4. On 01.06.1989, Sri P. Venkat Narsimha Reddy, son of Sri P. Seetha Ram Reddy executed and registered general power of attorney in favour of the first petitioner herein namely Sri R. Bhaskara Raju, authorizing him to sell away or deal with the land admeasuring Ac.4.00 cents, out of the land that fell for his share in the manner considered appropriate by the first petitioner. Sri P. Venkata Narsimha Reddy has also agreed to sell land of an extent of Ac.10.00 in the same survey number to the first petitioner and after receiving the entire sale consideration amount, executed a registered general power of attorney bearing document No.1538/89 in respect of the Ac.10.00 of land, authorizing Sri N. Purnachander Rao and another to execute and register regular sale deed either in favour of the first petitioner herein or any of his nominees. On 11.12.1989, through a registered sale deed bearing document No.9200/89, Sri P. Venkata Narsimha Reddy sold another extent of Ac.4.00 situate in Sy No. 307 of Gajularamaram Village. On 06.02.1990, the first petitioner and the general power of attorney holders of Sri P. Venkata Narsimha Reddy sold land of an extent of Ac.4.00 in favour of the second petitioner herein. By another sale deed bearing document No.15388/89, sold another extent of Ac.5.00 to the second petitioner. The balance Ac.5.00 acres of land was sold to the first
















































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