WP/38890/2013 of M.V. Rami Reddy, Vs State of Andhra Pradesh, on 31 December 2013

ORDER:

The petitioners are the alienees of the agriculturallands declared as surplus under the provisions of the A.P.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Their only grievance raised in this Writ Petition is that therespondent No.3-Land Reforms Tribunal, Gudur, has notbeen following the provisions of sub-rule (5) of Rule 7 of theA.P. Land Reforms (Ceiling on Agricultural Holdings) Rules,1974 (for short “the Rules”)

Sub-rule (5) of Rule 7 of the Rules reads as under :

“In the case of land liable to be surrendered by analienee in accordance with the proviso to sub-section(8) of Section 7, the Tribunal shall, after giving anopportunity of being heard to the alienee, pass suchorders as it deems fit, and where there are more thanone alienee, such surrender shall be in proportion tothe extent of such land in the possession of eachalienee.”

The learned Assistant Government Pleader forRevenue (Andhra Area), on instructions, submitted that asthe lands purchased by the petitioners are admittedlysurplus lands, physical possession thereof was taken by theRevenue functionaries on 2-11-2013.

In my opinion, the petitioners shall approachrespondent No.3-Land Reforms Tribunal, throughapplications with a request to follow sub-rule (5) of Rule 7 of the Rules. As the petitioners failed to make suchapplications, they are relegated to respondent No.3 for filingappropriate applications as mentioned above. If suchapplications are made within one month, respondent No.3shall entertain the same and pass appropriate orders withinthree months of receiving such applications. The rights ofthe petitioners for claiming back any land stated to havebeen taken possession by the respondents will dependupon the order that may be passed by respondent No.3. Tilldisposal of the petitioners’ applications as mentioned above,the lands in question shall not be re-distributed to thirdparties.

Subject to the above directions, the Writ Petition isdisposed of.

As a sequel to the disposal of the Writ Petition, WPMPNo.48334/2013 filed for interim relief is disposed of asinfructuous.

Date : 31-12-2013

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Justice C.V. Nagarjuna Reddy

AM