T.AMARNATH GOUD,J. - (1.) This writ petition is filed challenging the action of the Revenue Divisional Officer-cum-Chairman, Land Reforms Tribunal, Gudur, Nellore District, first respondent herein, in not considering the application of the petitioners for restoration of the excess land surrendered by their maternal uncle Sri Pelleti Venkatram Reddy and grandmother Smt. Pelleti Kamalamma under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975 (for short, the Act) and further action of the second respondent in intending to assign the said excess land in favour of the third parties.
(2.) The case of the petitioners is that Pelleti Venkataram Reddy, the maternal uncle of the petitioners, filed declaration in C.C. No. 1930/1975 before the Land Reforms Tribunal, Nellore (Tribunal) under Section 8 of the Act, declaring the lands held by him. So also, Smt. P.Kamalamma, the maternal grandmother of the petitioners, filed declaration in C.C. No. 1931/1975 before the Tribunal. The Tribunal passed a common order dated 28.06.1977 in respect of the above two declarants along with three other declarants who are Pelleti family members. P. Venkatram Reddy and Smt. P. Kamalamma were computed that they were holding land equivalent to 2.3857 standard holdings. Thereafter, the matters were carried in appeal by some of the declarants and also revisions before this Court. On remand, the holdings were re-determined by the Tribunal by order dated 29.10.1992. In the re-determined order, the holdings of P. Venkatram Reddy and Smt. P. Kamalamma were determined at 2.0979 standard holdings each and were directed to surrender 1.0979 standard holdings each. During the pendency of the above litigation before the Court and the Tribunal, P. Venkatram Reddy, who was unmarried, executed a registered Will dated 16.04.1979 bequeathing his estate in favour of the first petitioner herein. Later, P.Venkatram, died on 24.12.1981.
(3.) Smt. P. Kamalamma, during her life time, executed a Will and Testament dated 20.10.1976 bequeathing her property in favour of the mother of the first petitioner by creating life interest and vested remainder in favour of the second petitioner. Smt. P. Kamalamma died on 03.08.1983. Thereafter, the mother of the petitioners executed a relinquishment deed dated 01.12.1984 in favour of the second petitioner.;