Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
K. Vijayalakshmi W/o Late Sadhu Jagannadha Rao – Petitioner
Versus
The Authorized & Special Tahsildar, Land Reforms, Visakhpatnam – Respondent
Civil Revision Petition No. 5417 of 2018
Decided On : 18-06-2024
Land Reforms - Agricultural Holdings - Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 10, 20, 21, 22 - The court interpreted the provisions regarding the maintainability of appeals and the acceptance of alternative lands, emphasizing the need for the government to demonstrate grievance to maintain an appeal.
Fact of the Case:
The original declarant was declared a surplus land holder and surrendered lands under the Andhra Pradesh Land Reforms Act. Disputes arose over the acceptance of alternative lands and the maintainability of appeals filed by the Authorized Officer.
Finding of the Court:
The court found that the appeal filed by the Authorized Officer was not maintainable as the government had accepted the primary tribunal's order and taken possession of the alternative lands, thus lacking grievance.
Issues: 1. Whether the appeal could be filed by the Authorized Officer-cum-Special Tahsildar? 2. Whether the State can maintain the appeal after taking possession of the land? 3. Whether acceptance of alternative lands is contemplated under the Act?
Ratio Decidendi: The court held that the appeal was not maintainable as the government had accepted the primary tribunal's order and failed to demonstrate any grievance, thus violating the statutory requirements for filing an appeal.
Result: The order of the appellate tribunal is set aside, and the order of the primary tribunal is restored.
ORDER :
1. The present Revision is filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 aggrieved by the order in L.R.A. No. 1/2018, dated 7.9.2018 passed by the I Additional District Judge-cum-Land Reforms Appellate Tribunal, Visakhapatnam, Visakhapatnam District, reversing the order dated 05.10.2017 passed in LCC No. 230/75 on the file of the Land Reforms Tribunal-cum-Revenue Divisional Officer, Visakhapatnam.
2. The legal representatives of the original declarant i.e. Korada Venkata Swamy Naidu are the revision petitioners herein. Any case under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short “the Act 1973”) at this length of time will have a litigation story to tell and this case is not different.
3. The facts leading to the present Revision are as follows:
Table-1
| S. No. | Name of the Village | Survey No. | Extent (Ac. Cents) |
| 1. | Peddipalem | 139/1 | 1.66 |
| 2. | Anandapuram | 95/1 | 2.05 |
| 3. | 97/2 | 2.46 | |
| 4. | 235/2 | 3.21 | |
|
|
| Total | 7.72 |
| 5. | Vellanki | 266/1 | 1.83 |
| 6. | 231/1 | 0.43 | |
| 7. | 231/12 | 0.71 | |
| 8. | 235/9 | 1.14 | |
| 9. | 263/1 | 0.53 | |
| 10. | 263/2 | 0.80 | |
| 11. | 263/3 | 0.46 | |
| 12. | 264/2 | 0.19 | |
| 13. | 264/5 | 0.39 | |
| 14. | 264/6 | 0.89 | |
|
|
| Total | 7.37 |
| 15. | Madhurawada Erstwhile Visakhapatnam Taluk and now in VSP (Rural) (M) | 262/4 | 1.95 |
| 16. | 263/2 | 3.24 | |
| 17. | 276/1 | 3.26 | |
| 18. | 278 | 3.68 | |
| 19. | 276/2 | 0.51 | |
| 20. | 277/2 | 1.52 | |
| 21. | 329 | 9.18 | |
| 22. | 262/3 | 2.88 | |
| 23. | 277/1 | 2.62 | |
|
|
| Total | 28.84 |
|
|
| Grand Total | 45.59 |
4. As against the order passed by the I Additional District Judge-cum-Land Reforms Appellate Tribunal, Visakhapatnam under Section 10(3) of the Act, 1973, the declarant filed appeal i.e. LRA No. 4/1989 proposing to surrender alternative lands in lieu of lands surrendered in Madhurawada village (shown in block in the above table). The said appeal was allowed and the District Collector, Visakhapatnam filed C.R.P. No. 2613/1991 before this Court and the said revision was dismissed on 09.09.1991 directing the I Additional District Judge-cum-Land Reforms Appellate Tribunal, Visakhapatnam to accept the alternative lands in lieu of Ac. 28.84 cents of land in Madhurawada village.
5. Pursuant thereto, the Land Reforms Tribunal-cum-Revenue Divisional Officer, Visakhapatnam vide Order dated 31.12.1988 directed the following tabulated lands to be taken over from the legal heirs of the declarant in lieu of the lands in Madhurawada village.
Table-2
| S. No. | Name of the Village | Survey No. | Extent (Ac. Cents) |
| 1. | Anandapuram (V) & (M) | 235/2 | 2.30 |
| 2. | Vellanki | 231/6 | 0.43 |
| 3. | 231/12 | 0.60 | |
| 4. | 263/1 | 0.53 | |
| 5. | 264/5 | 0.39 | |
| 6. | 266/1 | 1.65 | |
| 7. | 39/1 | 4.50 | |
| 8. | Vemulavalasa | 39/5 | 7.30 |
|
|
| Total | 17 |
The right to appeal under the Land Reforms Act is contingent upon the government demonstrating grievance, which was not established in this case.
Action of the respondents has not been on account of any mala fides but under the belief that they are protecting the property of the State.
An order declaring land surplus issued in the name of a deceased person is a nullity and violates principles of natural justice, warranting its quashing.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
Reopening of land ceiling cases after a long period without valid reasons violates natural justice and lacks jurisdiction.
The main legal point established in the judgment is that the appeal under Section 20 of the Act of 1975 was not maintainable as the order was passed under Section 9-A, which was non-appealable. The j....
Burden of proof - Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.
Third-party objections regarding surplus land must be adjudicated on merits, recognizing unchallenged decrees and continuous possession as valid evidence despite procedural technicalities.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
