IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 18454 of 2000 Between: 1 Puvvala Ramaiah, S/o. Venkaiah, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 2 Ambati Narasaiah, S/o. Appaiah, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 3 Chintaboina Nagabhushi, S/o. Ramadasu, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 4 Chintanaboina Narayana, S/o. Ramadasu, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 5 Upperla Laxmaiah, S/o. Venkatramaiah, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 6 Chintimothula Venkataiah, S/o. Narayana, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 7 Kalyanagu Venkateswar Rao, S/o. Magaiah, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 8 Indla Yerra Seethaiah, S/o. Muthaiah, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. 9 Chintaboina Seetharamulu, S/o. Narayana, R/o. Thutakalingannapeta Village, Enkur Mandal, Khammam District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep. by its authorised Officer, Land Reforms, Khammam. 2 The Mandal Revenue Officer, Enkur, Enkur Mandal, Khammam. 3 Kankipati Laxminarasimha Rao, S/o. Ranga Rao, R/o. Thutakalinganna Peta Village, Enkur Mandal, Khammam District. ..RESPONDENTS Counsel for the Petitioner:MR.BANKATLAL MANDHANI Counsel for respondents 1 & 2: AGP FOR REVENUE Counsel for respondents 4 to 6: MR J.VENKATESWARA REDDY The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in accepting surrender of the lands by respondent No.3 which are in possession of petitioners 1 to 9 as shown in the schedule to the writ petition as contrary to Section 10 (5) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’). The petitioners have been in possession of the following extents in Survey No.53/2 of Thutakalingannapeta Village, Enkur Mandal, Khammam District: Petitioner No.1 Acs.10.00 Petitioner No.2 Acs.3.00 Petitioner No.3 Acs.2.00 Petitioner No.4 Acs.4.00 Petitioner No.5 Acs.10.00 Petitioner No.6 Acs.10.00 Petitioner No.7 Acs.2.00 Petitioner No.8 Acs.16.00 Petitioner No.9 Acs.4.00 The petitioners claim that they have purchased the above mentioned lands in their respective occupation under agreements of sale prior to the year 1970 and been paying land revenue to the Government. They also stated that their names have been recorded as possessors in the pahanies. The petitioners have averred that on 12-06-2000, when they were preparing for raising crops for the year 2000-2001, respondent No.2 (in the aﬃdavit mistakenly stated as respondent No.3) came to the lands and informed them that respondent No.3 surrendered the lands in the occupation of the petitioners and that they shall handover possession to him. They further stated that respondent No.3 ought not to have surrendered these lands having sold the same prior to 1970. They relied on Section 10 (5) of the Act to contend that surrender of lands in possession of the third parties is prohibited. No counter-aﬃdavit has been ﬁled by respondents 1 and 2. A perusal of the record shows that as respondent No.3 died, the petitioners ﬁled WPMP No.4220 of 2004 to bring on record his wife and two sons as his legal representatives. On 01-03-2005 and 27-10-2005 notices were ordered in the said application. Today, I have passed order in the said WPMP impleading the said legal representatives. One of the impleaded respondents, namely; respondent No.5 deposed to an aﬃdavit, which is furnished to the Court by Sri J.Venkateswara Reddy, learned counsel for respondents 4 to 6, at the hearing. In his aﬃdavit, respondent No.5 stated that he is the eldest son of respondent No.3 who died on 24-10-2004; that his family owned Acs.392.00 in Survey No.53/2 of Thutakalingannapeta Village, Enkur Mandal, Khammam District; that his father sold away the land which is in occupation of the petitioners under unregistered sale deeds more than 50 years ago and that they are in possession and enjoyment of the same. He further stated that he has got Acs.50.00 of land in the same survey number, namely; Survey No.53/2 towards his holding and that he is ready and willing to surrender the said land. He further stated that as per the Mandal Revenue Oﬃcer’s record, he has to surrender only Acs.42.00, which he is prepared to surrender. He, therefore, requested to set aside the order of the Land Reforms Tribunal. At the hearing, Sri J.Venkateswara Reddy, learned counsel for respondents 4 to 6, reiterated the contents of the aﬃdavit of respondent No.5. The learned Assistant Government Pleader for Revenue stated that in view of the fair oﬀer made by respondent No.5 on behalf of himself and respondents 4 and 6, appropriate orders may be passed. Inasmuch as respondents 4 to 6 are prepared to surrender the excess land of their family as determined by the Land Reforms Tribunal, the writ petition is allowed with the direction to respondent No.2 to accept the alternative lands being oﬀered by respondents 4 to 6 and not to interfere with the lands the details of which are contained in this order and in possession of the petitioners. Respondents 4 to 6 shall ﬁle an appropriate application before respondent No.2 within a period of four (4) weeks from the date of receipt of a copy of this order and on receipt of the same, respondent No.2 shall consider it and pass appropriate order for accepting the alternative lands being offered by respondents 4 to 6. C.V.NAGARJUNA REDDY, J Dated 1st August, 2008 vrn