THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.4589 OF 2009 Dated:22.10.2010 Between: Nalluru Nagendra Babu and others .. Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents ORDER: This Civil Revision Petition under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, the Act), is directed against the order made in A.C.No.20 of 1982, dated 04.02.1983, on the file of the Land Reforms Appellate Tribunal (for short, ‘the Appellate Tribunal’), Nellore, wherein the order passed by the Land Reforms Tribunal, Nellore, in C.C.No.1877/KVL/75, dated 12.01.1982, was set aside, and the appeal filed by the 1st respondent herein was allowed. Here it may be necessary to notice that the order was passed in 1983 in A.C.No.20 of 1982 on the file of the Appellate Tribunal, Nellore. The revision is filed in the year 2009. The filing of appeal and passing of the order dated 04.02.1983 came to light only when the petitioners have filed W.P.No.19397 of 2009 before this Court when the respondents were interfering with their possession. Therefore, the petitioners were directed to convert the Writ Petition into that of a Civil Revision Petition. Hence, the present Civil Revision petition. There is no dispute as to the fact that the order made in A.C.No.20 of 1982, dated 04.02.1983, was without any notice to the petitioners. In fact, in the counter filed by the respondents, it is asserted that since the petitioners were not residing in the village, it was pasted on the notice board of the temple in the village. Thus, the respondents have admitted that neither the notice was served on the petitioners nor any substituted notice was taken out. Coming to the subject matter of the revision, the only question that arises for consideration is whether the appellate Court was right in setting aside the order passed by the primary authority in C.C.No.1877/KVL/75, dated 12.01.1982, insofar as declaring that the 1st petitioner has attained majority as on the date of the Act i.e., the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, came into force. In fact, when such a plea was taken in the appeal filed by the petitioners before the Appellate Tribunal, Nellore, in A.C.Nos.799 and 800 of 1977, by order dated 31.01.1979, the matter was remanded to the primary authority holding as under: “The order under appeal is an ex parte one. It is submitted by the learned counsel for the appellant, the declarant was not alive by the date of enquiry or by the date of the order. There was no opportunity for this appellant to participate in that enquiry. The order passed against dead person is not valid. Further, from the dates given in the order of the lower Tribunal it does not appear that there is sufficient time given to the original declarant even to participate in the enquiry. The certificate of the XIth Class showing the date of birth of this son would indicate that he might be a major by the notified date. If he was a major there would be no surplus at all for the father as this son gets a half share in the total land computed against the father. Even otherwise by application of Sec.4(A) of the Act, the farther would become a non- surplus holder if the son is found to be a major. Thus, there appears to be a strong case for the appellant on merits. Under the circumstances, it is just and proper that the matter should be sent back to the lower Tribunal giving an opportunity to the appellant to adduce necessary evidence and to state and establish his case.” After the matter was remanded, the primary authority i.e., the Land Reforms Tribunal, Nellore, examined the matter afresh and the 1st petitioner herein was examined himself as PW.1 and marked documents Exs.A1 to A4. Ex.A3 is the XI Class Standard Certificate issued by the Inspector of Anglo-Indian Schools, Madras. The said certificate was accepted by the primary authority and held that father of the 1st petitioner, who originally filed the declaration was a non-surplus holder since the 1st petitioner being a major also entitled for one standard holding. In this regard, the primary authority, in its order, dated 12.01.1982, recorded the findings as under: “Issue No.1: Ex.A3 is the XIth standard certificate granted by Inspector of Anglo-Indian School, Madras. It shows that Nagendrababu the son of the declarant is a pupil of St.Patricks High School, Adayar, Madras and whose date of Birth is 12-06-53. This certificate bears Serial No.5413. This has not been disputed by the Authorized Officer, Land Reforms Tribunal, Nellore during the cross examination of the son of the declarant. A perusal of the declaration filed by the declarant shows that the age of the son of the declarant has been noted as 22 years in column ‘5’ under item ‘6’ of the declaration form. The orders of the Land Reforms Tribunal, Kavali shows that he has been treated as minor for want of proof of the age. In the verification report of the Tahsildar, Kavali, the son of the declarant has been shown as major by noting his age as 22 years. The evidence of PW.1, the son of the declarant, shows that he was major on 01.01.1975 and his evidence has not been disputed by the other side. In view of this oral and documentary evidence, I am of the opinion that the date of birth of the son of the declarant is 12-06-1953 as noted in the XIth standard certificate Ex.A3 and he is major by 01-01-75.” Aggrieved by the same, it appears an appeal was filed by the State before the Appellate Tribunal, Nellore, in A.C.No.20 of 1982. However no notice of any kind was issued to the petitioners herein and the appellate authority passed an ex parte order on 04.02.1983 recording the finding that death extract – Ex.A2 issued by the Village Panchayat, Patamata, was a public document, whereas Ex.A3 does not appear to be a public document and it is only a certificate issued by the Inspector of Anglo-Indian Schools, Madras, evidently a private institution, but not a Government institution or public institution. In those circumstances, Ex.A3 cannot be taken into consideration and, thus, reversed the finding recorded by the primary authority. Firstly, no notice of any kind was issued while deciding A.C.No.20 of 1982 by the Appellate Tribunal, Nellore. Secondly, the certificate issued by the Anglo-Indian Schools, Madras, was not properly examined. The learned counsel has produced a copy of Ex.A3. It shows that was the practice in vogue at that point of time in issuing certificates. The certificate number is shown as 5413 (Register No.1365) and emblem shows “Government of Madras”. Absolutely, there was no necessity of entertaining any suspicion about the said certificate, showing the date of birth of the 1st petitioner as 12.06.1953. Apart from this, the primary authority recorded the finding that nothing contrary to the statement of PW.1 was elicited that he was a major as on the date of coming into force of the Act. In those circumstances, I am of the opinion that the order passed by the Appellate Tribunal, Nellore in A.C.No.20 of 1982, dated 04.02.1983, not only suffers from gross violation of principles of natural justice, but also the procedure as required to be followed while disposing of the appeal under the Act and the Rules made thereunder. Therefore, the order passed by the Appellate Tribunal, Nellore in A.C.No.20 of 1982, dated 04.02.1983, is liable to be set aside and is accordingly set aside. In the result, the Civil Revision Petition is allowed. No order as to costs. _______________ C.V. RAMULU, J 22.10.2010 KH