IMPORTANT POINT
The court ruled that all necessary parties must be included for effective adjudication of land rights, allowing family members to join the writ petition.

ORDER :

1. This application is filed invoking the provisions of 16(a) of Writ Rules, 1977 read with Section 151 of C.P.C. seeking permission to the petitioners to implead them as party respondents in the writ petition.

2. Heard Sri B. Gopala Krishna, learned counsel, representing Sri V. Venu Madhav, learned counsel for the proposed respondents, and Sri P.V. Mahesh, learned counsel for the writ petitioners.

3.1. Learned counsel for the proposed respondents submits that sole petitioner has filed the present writ petition questioning the action of the respondents in not implementing the orders passed by this Court in W.P. No. 12093 of 2000 dated 23.04.2002 as confirmed in Writ Appeal No. 2073 of 2002 dated 01.04.2009, which was refused to be interfered with by the Hon’ble Apex Court, by its order dated 22.01.2010, and in not carrying out the directions of the Chief Minister, as illegal, arbitrary, discriminatory and consequently direct the respondents to take immediate steps for allotment of the land in Survey No. 343 of Ameenpur Village of Patancheruvu Mandal, Medak District, in lieu of the land was taken over from the petitioner and the official respondents have failed to deliver back to the petitioner as directed by the Court. During pendency of the writ petition, sole writ petitioner died and his daughters were brought on record as his legal heirs.

3.2. He further submits that originally the property to an extent of Ac. 1.10.00 in Survey No. 74/1 situated at Ramachandrapuram Village of Bayyaram Mandal belongs to Mulpuri Appa Rao, who is the father of the writ petitioner and proposed respondent Nos. 2 to 5 and grandfather of proposed respondent No. 1. During his life time, he had executed a Will dated 14.11.1969 in favour of his four sons and two daughters bequeathing his properties and he died in the year 1970. After his death, his children acquired the said property. As per Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter called ‘the Act’ for brevity), proceedings were initiated by the competent authority, wherein the writ petitioner filed declaration on his behalf and on behalf of the family members of late Appa Rao. In the said proceedings, the primary authority-Land Reforms Tribunal at Khammam, passed order dated 29.12.1976 and also order dated 29.01.1981 in C.C. No. 1812/Yld/75 holding that the declarant i.e. the writ petitioner is having excess land to an extent of Ac. 77.50 in Survey No. 74/1 Part, out of Ac. 110.00, and directed him to surrender under Section 10(1) of the Act. Aggrieved by the said orders, the writ petitioner filed appeal before the Land Reforms Appellate Tribunal (District Court), Khammam vide L.R.A.T. No. 31 of 1981 and the same was allowed by its order, dated 21.01.1992, remitting the matter to the primary authority with a direction to examine the records and pass orders afresh, after giving reasonable opportunity to the writ petitioner and others.

3.3. Learned counsel submits that pursuant to the said order, the writ petitioner himself had given deposition before the primary authority/Additional Revenue Divisional Officer (LRT) Khammam in C.C. No. 1812/Yld/75 deposing that his father late Mulpuri Appa Rao purchased the land in Survey No. 74/1 to an extent of Ac. 110.00 from Government through registered sale deed No. 2331 of Warangal District dated 17.04.1964 and he had executed Will Deed in his favour and in favour of his three brothers and two sisters and also produced death certificate of his father and other documents.

3.4. The primary Authority, after due verification of the records and also taking into consideration the deposition of the writ petitioner, held that the declarant is entitled to hold one standard holding since the total standard holding held by the family unit is less than the ceiling area under Section 4(1) of the Act, and the declarant did not held land in excess of ceiling area on notified date i.e. 01.01.1975 and requested the Revenue Division