PARUCHURI SRINIVASA RAO Vs. GOVERMENT OF A P
LAWS(APH)-2005-11-77
HIGH COURT OF ANDHRA PRADESH
Decided on
November 25,2005
PARUCHURI SRINIVASA RAO
Appellant
VERSUS
GOVERNMENT OF A.P.
Respondents
Referred Judgements :-
M.VENKATA RAO V. STATE OF ANDHRA PRADESH [REFERRED TO]T.VENKAIAHV. STATE OF AP [REFERRED TO]
NIEMLA TEXTILE FINISHING MILLS LIMITED NIEMLA TEXTILE MILLS LIMITED ATLAS CYCLE INDUSTRIES LIMITED SONEPAT HUKAM CHAND VS. IIND PUNJAB TRIBUNAL:STATE OF PUNJAB :STATE OF PUNJAB :STATE OF PUNJAB [REFERRED TO]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
SHANKAR RAMCHANDRA ABHYANKAR VS. KRISHNAJI DATTATREYA BAPAT [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. SHAMBHU NATH MUKHERJI [REFERRED TO]
STATE OF ANDHRA PRADESH VS. MOHAMMAD ASHRAFUDDIN [REFERRED TO]
BEGULLA BAPI RAJU CHINNAM NAGABHUSHNAM CHINNAM SIVARAMPRASAD KAZA SEETHARAMCHANDRA RAO VS. STATE OF ANDHRA PRADESH:LAND REFORMS TRIBUNAL KOVVURS:STATE OF ANDHRA PRADESH [REFERRED TO]
YEDIDA CHAKRADHARARAO DEAD VS. STATE OF ANDHRA PRADESH [REFERRED TO]
RUPA ASHOK HURRA VS. ASHOK HURRA [REFERRED TO]
JUDGEMENT
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(1.)This Writ Petition is filed challenging the
constitutional validity of the "Explanation"
under Section 3(i) of the Andhra Pradesh
Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973 (for short the Act) and
seeking its invalidation on the ground that it
violates Articles 14,16,21 and second proviso
to Article 31-A of the Constitution of India.
Alternatively the petitioner prays to direct the
respondents to exclude the land admeasuring
Acs.3.20 in R.S.No.337/4, Acs.0.78 in
R.S.No.337/1, and Acs.0.13 in R.S.No.337/2
of Mangalpuram Village, Challapalli Mandal,
Krishna District (hereinafter called, "the
declared land") from the holding of the
petitioner in C.C.No. 2905/D/75.
(2.)The fact of the matter is not in dispute. The petitioner and his mother filed separate declarations under the Act before the Land Reforms Tribunal being C.C.No.2905/D/75 and C.C.No.2948/0/75. The Tribunal determined the surplus of 0.4305 standard holding in C.C.No.2905/D/75 and surplus of 0.3208 standard holding in C.C. No.2948/D/ 75. These orders were passed by the Tribunal on 11 -2-1977. The petitioner and his mother filed appeals before the Land Reforms Appellate Tribunal, Machilipatnam, being L.R.A.Nos.824 of 1977 and 1107 of 1977. By a common order dt.2-11 -1978, the Appellate Tribunal held that the petitioner and his mother are non-surplus landholders. While doing so, it appears, the appellate Tribunal accepted the two agreements of sale dt. 10-1 -1970 and 12-1-1970, which were marked as Exs.A-43 and A-33, under which the declared land was purchased by the petitioner. The Government filed revision before this Court being C.R.P.No.4476 of 1982. By order dated 25-6-1987 this Court allowed the Government's revision and directed the primary Tribunal to include the declared land purchased under Exs.A-33 and A-43 in the holding of the vendors and vendees. The petitioners approached the Supreme Court by filing S.L.P. (C) No. 12910 of 1987 and the same was dismissed on 1-12-1994.
(3.)Though the proceedings under the Act have become final by reason of the orders of this Court dt. 25-6-1987 in C.R.P.No.4476 of 1982, the petitioner filed the present Writ Petition after about twenty years seeking alternative relief and also challenging the Explanation to Section 3(i) of the Act.
(2.)The fact of the matter is not in dispute. The petitioner and his mother filed separate declarations under the Act before the Land Reforms Tribunal being C.C.No.2905/D/75 and C.C.No.2948/0/75. The Tribunal determined the surplus of 0.4305 standard holding in C.C.No.2905/D/75 and surplus of 0.3208 standard holding in C.C. No.2948/D/ 75. These orders were passed by the Tribunal on 11 -2-1977. The petitioner and his mother filed appeals before the Land Reforms Appellate Tribunal, Machilipatnam, being L.R.A.Nos.824 of 1977 and 1107 of 1977. By a common order dt.2-11 -1978, the Appellate Tribunal held that the petitioner and his mother are non-surplus landholders. While doing so, it appears, the appellate Tribunal accepted the two agreements of sale dt. 10-1 -1970 and 12-1-1970, which were marked as Exs.A-43 and A-33, under which the declared land was purchased by the petitioner. The Government filed revision before this Court being C.R.P.No.4476 of 1982. By order dated 25-6-1987 this Court allowed the Government's revision and directed the primary Tribunal to include the declared land purchased under Exs.A-33 and A-43 in the holding of the vendors and vendees. The petitioners approached the Supreme Court by filing S.L.P. (C) No. 12910 of 1987 and the same was dismissed on 1-12-1994.
(3.)Though the proceedings under the Act have become final by reason of the orders of this Court dt. 25-6-1987 in C.R.P.No.4476 of 1982, the petitioner filed the present Writ Petition after about twenty years seeking alternative relief and also challenging the Explanation to Section 3(i) of the Act.
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