THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.Nos.866 & 903 of 2010 Date of Order: 25-06-2010 CT in CRP No.866 of 2010 Between: The State of Andhra Pradesh rep. by the Authorised Officer, Land Reforms, Kakinada ..Petitioner and 1. R.V.S.Kamalararao and another ..Respondents The Court made the following common Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.Nos.866 & of 2009 Common order: The State through the Authorized Officer, Land Reforms, Kakinada filed these two revisions under Section 21 of the A.P Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 questioning the common order of the Land Reforms Appellate Tribunal-cum-IV Additional District Judge, East Godavary, Kakinada in L.R.A.Nos.2 and 3 of 2008 dated 11-04-2008 whereby the appeals filed by the declarants were allowed with certain directions. The undisputed facts that give rise to filing these revisions are that the respondents/landlords filed declaration that lands covered by Sy.No.178/3 (noted 173/C); Sy.No.178/5 (noted Sy.No.173/C); Sy.No.209 and Sy.No.229 of Mallavaram village are Inam lands under A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Act 36/1956). It is not disputed that the Land Reforms Tribunal by order dated 02-11-1977 determined that the declarants are holding an extent of 2.1797 standard holding in excess of the ceiling area as on the notified date in L.C.C.Nos.1, 3 and 4/PTP/75. The declarant in LCC No. 2/PTP/75 is eligible one standard holding and he was declared to be in possession of 0.2386 standard holding in excess of the ceiling area. Aggrieved by the orders of the Land Reforms Tribunal, the declarants, namely, R.V.S.Ramachandra Rao and his two minor sons in LCC Nos.1, 3 and 4/PTP/75 filed L.R.A.No.823 of 1978, whereas R.V.S.S.Suryanarayana Rao the declarant in LCC 2/PTP/75 filed L.R.A.No.824 of 1978. The Land Reforms Appellate Tribunal (LRAT) by common order dated 19-11-1978 allowed the appeals in part, holding Sy.No.119 of Kapavaram village should be excluded; that such of the lands of Mallavaram village bearing Taram 6 to 10 should be classified ‘D’ class wet; that such of the lands if Mallavaram village which are registered as only buds but which have been classified as wet by the lower Tribunal should be classified as dry; that the land in Sy.No.203/1 and 3/8 of Mallavaram village should be excluded; that the land in Sy.No.196/2 of Uppalapadu Village should be classified as dry; that the extent in Sy.No.201/1 Uppalapadu should be excluded; that the land alienated under sale deed should be excluded, which are subject matter of L.R.A.No.823 of 1978; whereas in L.R.A.No.824 of 1978 it was held that the land in Sy.No.119 of Kapavaram village should be excluded; that such of the lands of Mallavaram village bearing Taram 6 to 10 should be classified as ‘D’ class wet; that such of the lands in Mallavaram village which are registered as only buds but which have been classified as wet by the lower tribunal should be excluded as dry; that an extent of 2.00 in Sy.No.167 of Ramanakkapeta village should be excluded and that Sy.No.318 of Mallavaram village should be excluded. Aggrieved by the said orders the declarants filed C.R.P Nos.981 and 982 of 1980. The High Court by common order dated 10-09-1981 dismissed the said revisions. The Authorized Officer, Land Reforms, Kakinada also filed revision petitions against the orders of L.R.A.T. in C.R.P.Nos.2852 and 2853 of 1980 before the High Court, which were also dismissed by common order dated 03-11- 1980. On dismissal of C.R.Ps. the Land Reforms Tribunal, Kakinada by order dated 17-08-1991 implemented the orders of the LRAT by revising and re- determining the ceiling areas holding that the family unit of the declarant holds an extent of land equivalent to 1.6997 standard holding in excess of the ceiling area as on the notified date in L.C.C.Nos.1, 3 & 4/PTP/75 and the family unit of the declarant holds an extent of land equivalent to 0.0590 standard holding in excess of the ceiling area as on the notified date in L.C.2/PTP/1975 and Revised Form VI notice was issued to the declarants to file surrender statement. Feeling aggrieved by the said orders, the declarants in LCC Nos.1, 3 and 4/PTP/75 filed L.R.A.No.174 of 1991 and the declarant in LCC No.2/PTP/75 filed L.R.A.No.171 of 1991. The L.R.A.T. by its order dated 25-10-1994 allowed the appeals partly directing the Tribunal to treat the land bearing Sy.Nos.203 & 323/1 of A.Mallavaram village as dry and to re-determine the holdings of the declarants in LCC Nos.1, 3 and 4/PTP/75; and similarly the land bearing Sy.Nos.183 & 201 of Ramanakkapeta to which the declarant is entitled as equivalent to 0.2360 standard holding and to treat the land in Sy.No.323/1 of Mallavaram village as dry land and to re-determine the holding of the declarant in LCC 2/PTP/75. Aggrieved by the said common order the declarants in L.C.C.Nos.1, 3 & 4/PTP/75 and declarant in L.C.C.No.2/PTP/75 filed C.R.P.Nos.4852, 4581 of 1994 respectively. This Court by common order dated 19-08-1997 partly allowed the revisions holding that the Primary Tribunal as well as Appellate Tribunal have not taken into consideration the verification report which shows that Sy.No.27 for Fasli years 1378, 1379 and 1380 as ‘Beedu’ and the same land is described for Faslies 1381, 1382 and 1383 as ‘Konda’. The hillock cannot be brought about in overnight. If any extent in Sy.No.27 is covered by hillock that extent has to be excluded from the holding of the petitioner in C.R.P.No.4581 and also the petitioners in C.R.P.No.4582 of 1994 Both the Tribunals below did not take into consideration the description of Sy.No.27 in the verification report, whereas the Commissioner has stated that the entire survey number is covered by hillock. The Primary Tribunal was directed to ascertain the extent of hillock in Sy.No.27 and give benefit by excluding that extent from the holding of the petitioners in both the C.R.Ps., permitting the parties to adduce any evidence on the said aspect only and no fresh point shall be raised by the petitioner before the Tribunal. In view of the same, the Land Reforms Tribunal taken up the matter for hearing. The declarants are not entitled to raise any contention with regard to exclusion of the land that the lands covered by Sy.Nos.178/3, 178/5 and 209 are Inam lands covered by the provisions of A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956. The Tribunal rightly rejected the contention by its order dated 27-11-2007 in view of limited remand made by the Appellate Tribunal dated 25-10-1994 as confirmed by this Court in revisions for exclusion of Sy.No.27. Therefore, the lower Appellate Tribunal allowing the appeals by the impugned order dated 11-04-2008 setting aside the order of the Primary Tribunal, remanding the matter and directing the Primary Tribunal to exclude the lands covered by the above survey numbers in computing the holding of the declarants is contrary to the earlier order, as confirmed by this Court, which cannot be sustainable and the same is accordingly set aside. The revision petitions are accordingly allowed, to the extent indicated above. No costs. _________________ A.GOPAL REDDY, J. 25-06-2010 Murthy