- (1.) By order dated 26-10-1976, the Taluk Land Board, Vikom directed the appellant to surrender 34.58 acres of land. This order was challenged by the appellant in revision before the High Court which was dismissed on 3-11-1978. The special leave petition filed by the appellant in this Court was also dismissed.
(2.) When the Tahsildar, pursuant to the order passed by the Taluk Land Board on 26-10-1976, proceeded to take possession over 34.58 acres of land, it was noticed by him that there was a deficiency of 2.32 acres of land. The matter was reported to the Taluk Land Board which ordered that land to the extent of 2.32 acres also be surrendered by the declarant (appellant). This order was challenged by the appellant before the High Court which disposed of the revision on 10-8-1981 observing, inter alia, as under: "4. Section 85(9) of the Act contemplates the Taluk Land Board setting aside a final order under the three circumstances specified therein and only after issuing a show-cause notice to the declarant or the assessee and after hearing him. After hearing him what the Taluk Land Board has to do first is only to decide if it is to set aside the final order passed earlier. It cannot straight away amend or modify the final order without proceeding afresh under sub-section (5) or sub-section (7) of Section 85. There cannot be a combined order in which the Taluk Land Board sets aside the earlier final order and also passes another final order or a modified final order. Such a proceeding is not contemplated by Section 85(9) of the Act. If the notice in this case was issued under Section 85(9) of the Act, it is clear that the Taluk Land Board has not proceeded in accordance with the requirements of Section 85(9) of the Act. Notice in this case was not issued under Section 85(9). There is no other provision of law warranting such a notice. Hence the impugned order deserves to be set aside and is hereby set aside. 5. The learned Government Pleader submitted that liberty may be reserved with the Taluk Land Board to take fresh proceedings under Section 85(9) of the Act. It is made clear that it is open to the Taluk Land Board to initiate such proceedings if in law the Board is entitled to do so. The revision is accordingly allowed, but without costs."
(3.) The High Court thus decided the case in favour of the appellants. It, however, gave liberty to the Taluk Land Board to initiate such proceedings against the appellants as were permissible under law.;