D P CHOUDARY Vs. DT COLLECTOR

JUDGEMENT

(1.) These two Writ petitions challenge the validity of the orders of the Collector, Srikakulam, directing prosecutipn of the petitioners by exercising powers under Section 24 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings') Act, 1973 (herein after referred to as the 'Ceiling Act').

(2.) The facts of the case are : One Nandesam Chowdary of Kambrigam of Srikakulam District filed a declaration under the Ceiling Act. He has two major sons, petitioners in W.P. 8246/82. They also filed their declarations mentioning the lands and their shares. The said Chowdary died on 23-7-1981 after executing a registered will dated 30-1-1974 bequeathing his properties to his widowed daughter, Neelavenamma (Ist petitioner in W.P. 8478/82) and her son, Lazapathirai (2nd petitioner in W.P.8478/82). The Land Ceiling Authorities held against the declarants. Hence there was a writ petition culminating in writ appeal, W.A. 148/71. In that writ appeal when the said Chowdary died, the petitioners WP 8478/82 entered on record as his legal representatives on the basis of the registered will. That writ appeal was disposed of with some direction to the land ceiling authorities.

(3.) As matters stood thus, the petitioners Deceived a show cause notice as to why they shall not be prosecuted for non-filing of declarations in respect of the property left by the said Chowdary. The widowed daughter filed an explanation that under the will she got only Ac. 5-00 and from her husband another Ac. 5-00. making a total of Ac. 10-00, and therefore there was no need for her to file any declaration. She also stated that in the writ appeal she entered herself as a legal-representative of the said Chowdary. The grand-son filed his explanation stating that there is no need to file any fresh declaration since the property was devolved by vittue of a will, and that he was also entered in the writ appeal as the legal representative of the said Chowdary. The other two sons, petitioners in W.P. 8246/82, stated that they had already filed their declarations along with their father and that no property of their father devolved on them necessitating any change in their declaration. After considering the above explanations, the impugned orde.s were passed. In the said order, the Collector found that the will is executed to circumvent the provisions of the ceiling law since it is stated therein that the money received as compensation for surrender of the lands shall go to the sons of the testator while his lands devolve on his grandson and widowed daughter. This bequeath, the Collector held, is intended to defeat the provisions of the ceiling law. Accordingly, he directed prosecution of the petitioners under Section 24 of the Ceiling Act.