HON’BLE SRI JUSTICE S.V. BHATT W.P.No.6374 OF 1993 ORDER: The controversy in the present writ petition arises under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’). The present writ petition is filed with a prayer to issue Certiorari to call for the record leading up to and inclusive of notice in C.C.No.688, 592/JPT/75 dated 31.12.1992 issued by the 1st respondent and quash the same as illegal and without jurisdiction. The petitioners have filed declarations under the Act and the same have been taken on file in C.C Nos.688, 592/JPT/75 by the 1st respondent. The 1st respondent after following the procedure stipulated by the Act has found the petitioners to be surplus holders of agricultural land under the Act. For the purpose of the present writ petition, this Court need not go into the various aspects covered by the order dated 31.12.1992 of the 1st respondent. It is not disputed that the said declaration has attained finality and that any obligation cast on the petitioners for surrender of land was also discharged by the petitioners. It is the case of petitioners that while the matters have attained finality and no fresh circumstance or the petitioners have got new acquisition, the 1st respondent issued notice in Form No.5 calling upon the petitioners to file declarations in terms of Section 18 of the Act. Section 18 reads as under:- Declaration of future acquisitions: (1) Where on or after the notified date there takes place- (a) any acquisition in any manner whatsoever, usufructuary mortgage, or lease of any land; or (b) any marriage or adoption; or (c) any alteration in the classification of the land; and after such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, the total extent of land held by any person or by all the members of any family unit in the aggregate exceeds the ceiling area such persons or family unit shall within a period of sixty days from the date of such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration furnish a declaration of the holding of such pension or family unit; and all the relevant provisions of this Act shall apply as if it was a declaration furnished under Section 8. (2) Where any land is acquired or taken on lease by a person solely for a non-agricultural purpose connected with or incidental to an industry, the Government may, after making such enquiry as they may deem fit, by order, exempt, subject to such conditions, if any, as may be specified in order, such land from the provisions of sub-section (1); In response to the said notice, the petitioners through their explanation dated 14.08.1992 brought to the notice of the 1st respondent that the survey numbers referred to in the impugned notice either for a reason of fact or on account of the inclusion of those survey numbers in the final orders passed by the 1st respondent cannot be treated as an acquisition fastening any responsibility on the petitioners to file declaration in terms of Section 18 of the Act. The petitioners placed strong reliance upon the finality attached to the orders of the 1st respondent to contend that the notice is illegal and arbitrary. There is no difficulty in understanding the grievance of the petitioners in this behalf. If it is a case that a particular survey number was already included in the declaration and computed to the holding of the petitioners, it would at best be an error on the part of the 1st respondent in including the very survey number in the impugned notice. On the other hand, if a particular survey number attracts any one or the other circumstances referred to in Section 18 of the Act, it is to be noticed that the declarant is under obligation to satisfactorily state its case before the 1st respondent and it is for the 1st respondent to consider the explanation offered by the petitioners and pass appropriate orders in accordance with law. Since what is impugned in the writ petition is only a notice, lack of jurisdiction or absolute prohibition warranting interference at this stage is shown to the Court. A detailed reply is also given by the petitioners. The tenor of affidavit discloses that in the fear of the 1st respondent acting with over enthusiasm, the present writ petition would have been filed. Be that as it may, the petitioners are given six more weeks time to submit additional/ancillary explanation if they desire to file. On receipt of additional explanation, the 1st respondent shall give an opportunity of hearing only to the petitioners and pass appropriate orders in accordance with law. This Court is not expressing any view on the merits stated by the petitioners or the assertions of the respondent through the counter- affidavit. The 1st respondent shall dispose of the matter uninfluenced by the stand he has taken for the limited purpose of filing the counter- affidavit in the Court. With the above observation, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand disposed of. ____________ S.V. BHATT, J 20th January, 2014 Lrkm