HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13935 of 2008 Date : 26.07.2011 Between : Karedla Venkataramana & others. …..Petitioners And The Land Reforms Tribunal and Revenue Divisional Officer, Kakinada & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13935 of 2008 ORDER: This writ petition is filed, questioning the order, dated 04.05.2004, passed by the 2nd respondent in L.C.C.No.1023/KDA/75. One Late Sri Devu Veerabhadra Rao S/o.Kondal Rao, was a declarant under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and he was declared as surplus holder to an extent of 1.5537 standard holdings, vide proceedings of A.P. Land Reforms Tribunal in LCC.No.1023/KDA/75, dated 17.09.1997. In the surrender proceedings, the Revenue Divisional Officer, Kakinada, issued Form-IX notice to surrender lands covered by various survey numbers, to the Tahsildar, Karapa, including the land in Survey numbers 198/1A and 198/1B of Karapa village. Aggrieved by the same, respondents 4 and 5 herein have filed an appeal in LRA.No.7 of 1997, and the Appellate Tribunal, by order dated 27.11.1997, allowed the appeal with a direction to hear the objections of the appellants therein and pass appropriate order. The primary Tribunal i.e. the Land Reforms Tribunal-cum-Revenue Divisional Officer, Kakinada, has passed the impugned order dated 04.05.2004, in LCC.No.1023/KDA/75, directing the authorities to exclude the land admeasuring Ac.6.00 cents, covered by Sy.No.198 of Karapa village from the surrender proceedings and the land covered by Sy.No.146/2 of Karapa village, as proposed by the declarant, is to be considered to take possession towards the excess land. In this writ petition, it is the case of the petitioners that they had been in possession of the land by virtue of an agreement of sale, dated 23.05.1980, obtained from Smt.Kumpatla Satyavatamma, who was the original owner. Petitioners are claiming the aforesaid land from the third parties other than the declarant. It is their case that the declarant was not at all the owner of the land, and in that view of the matter, petitioners cannot be dispossessed towards the surplus land declared by the declarant. On the other hand, it is the case of respondents that the land in question was included in the declaration filed by the original declarant, and in that view of the matter, petitioners cannot object for taking possession of land, based on the agreement of sale. In the writ petition, petitioners have questioned the order dated 04.05.2004, issued in LCC.No.1023/KDA/75. The said order is passed by the Land Reforms Tribunal and Revenue Divisional Officer, Kakinada, as primary authority under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. If the petitioners are aggrieved by the said order, there is remedy of appeal before the Appellate Tribunal under the said Act. The petitioners are not parties before the Land Reforms authority, and if the petitioners are claiming independent right by virtue of an agreement of sale stated to have been executed by the original owner Smt.Kumpatla Satyavatamma, there is no reason for the petitioners to approach this Court straightaway without exhausting the remedy of appeal. As there are factual disputes, which are to be resolved by the Appellate Tribunal by looking at the evidence to be produced by the parties, and as there is provision of appeal against the order, dated 04.05.2004, passed by the Revenue Divisional Officer, Kakinada, I deem it appropriate to dispose of the writ petition, permitting the petitioners to prefer an appeal before the Appellate Tribunal within a period of six weeks from today, and if any such appeal is preferred, the same shall be decided on merits, after hearing the parties. There shall be a further direction that the status quo order passed by this Court on 07.07.2008, shall continue to operate for a period of two months from today. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 26th July 2011 N.B: Issue C.C. in four days. (b/o) ajr