PENUMATSA KOTI RAMACHARDRA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The question to be answered on reference/which is common in all the aforesaid Civil Revision Petitions, is :

(2.) For the purpose of illustration, the facts in C.R P.No.4654 of 1978 may be noticed. The revisionist filed a declaration on behalf of a' family unit comprising himself and his wife. The Primary Tribunal determined the holding at 1.4457 standard holding. Accordingly, the excess land to be surrendered by the family unit was equivalent to 0.4457 standard holding. On appeal, the same was confirmed. The revisionist has a father who filed a separate declaration. The Primary Tribunal determined the holding of the family unit of the father at 0.7817 standard holding which is obviously less than one standard holding, the ceiling area a family unit would be entitled to under the A. P. Land Reforms (Ceiling on Agricultural Holdings) Act, hereinafter referred to as the Act.

(3.) So the claim-and therefore, the contention-was that the family unit of the petitioner would be entitled to hold a land more than the ceiling area and that, the excess would be equivalent by which the holding of his father's family unit falls short of the ceiling area. To buttress his argument, learned Counsel for the petitioner placed reliance on the Statement of Objects and Reasons appended to the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act, 1 977 (Act X of 1977) by which amendment to the Act was brought in by Section 4-A and also the decision of this Court in S,Pandya vs. State of A.P. (1)1979 (1), A.F.L.J., 9. The relevant portion of the Statement of objects and Reasons appended to Act X of 1977 is as follows :