TRANSPORT CORPORATION OF INDIA LTD Vs. SPECIAL TAHSILDAR LAND REFORMS
LAWS(APH)-1992-3-20
HIGH COURT OF ANDHRA PRADESH
Decided on March 25,1992

TRANSPORT CORPORATION OF INDIA LTD. Appellant
VERSUS
SPECIAL TAHSILDAR, LAND REFORMS Respondents


Referred Judgements :-

CHAMANLAL R PATEL VS. STATE OF A P [REFERRED TO]



Cited Judgements :-

P V SATYANARAYANA RAJU VS. K JANAKIRAMA RAJU [LAWS(APH)-1995-9-35] [REFERRED TO]


JUDGEMENT

Y.Bhaskara Rao, J. - (1.)This revision petition arises out of a declaration filed by the company, known as the Transport Corporation of India Limited. The company owns the land in two villages - Sholipur village, Shadnagar taluq, Mahabubnagar district and Udumalpuram village of Nandyal taluq of Kurnool District. The total extent of the land held by the company is 1-5912 S.H. The Land Reforms Tribunal, Kurnool has decided that declaration filed by the company under Sec.8 of the A.P.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and treated the company as an individual and declared that the company has got excess land of 0-5912 S.H. Against the said order, an appeal was filed before the Land Reforms Appellate Tribunal, Kurnool and the appellate Tribunal confirmed the order of the Land Reforms Tribunal. Against that the present revision is filed.
(2.)The learned Counsel for the petitioner contended that though the land is owned by the company as per the provisions of the above Act, the land is deemed to be held by every shareholder of the company. It is further submitted that there are 500 shareholders in the petitioner-Company, therefore, the entire land has to be divided between them and the declaration of each individual has to be considered. If there is any excess land to any one of the shareholders after noting his share of the land in the petitioner-company. Then only he is liable of surrender; otherwise, the question of surrender of the land does not arise. Both the Tribunals erred treating the land held by the company as a single individual and erred in holding that there is excess land. Therefore, this revision.
(3.)The question for consideration is whether the land held by the company has to be treated as held by an individual company or by the shareholder of the company.
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