THE HON'BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO AND THE HON'BLE SRI JUSTICE V. SURI APPA RAO W.A.No. 1022 of 2010 J U D G M E N T: (per the Hon'ble the Acting Chief Justice Sri B. Prakash Rao) The appellant in this Appeal filed under Clause 15 of the Letters Patent is a 3rd party to the proceedings purported to have been initiated under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Briefly, the facts, which gave rise to the present proceedings, are that the 3rd respondent is the original declarant under the aforesaid legislation where he filed a declaration and his holding has been determined in L.C.C.No. 575/APM/75&250/KTP/75, and the matter appears to have been carried in appeals and ultimately, the matter came to a stand still there. Subsequent to such determination of the surplus land holdings, proceedings were initiated under the provision of the 1973 Act inter alia for taking possession of the excess land. Accordingly, notice in Form No. VIII was issued on 26.08.2002, calling for objections. According to the appellant, he filed objections on 03.10.2002. However, the said objections have not been considered and no orders have been passed thereon. Hence, the appellant approached this Court under Article 226 of the Constitution of India, seeking a mandamus inter alia for declaring the action of the respondents in threatening to dispossess him from the land in an extent of Ac.2.41 cents in Survey Nos. 42/3, 42/5 situate in Gandi Pedapudi Village, P. Gannavaram Mandal, East Godavari District, as illegal. The learned Single Judge did not find favour with the request of the appellant herein and dismissed the Writ Petition inter alia on the ground that the very claim was made by the appellant/petitioner in pursuance of the sale deed, which is much later to the enforcement of the aforesaid legislation and therefore, the same being void, he cannot enforce such a right. Hence, the appeal. Having heard the learned counsel on either side and also having perused the material available on record, the shorn of all other details, the fact remains, undisputedly, that subsequent to the issuance of the aforesaid notice in Form VIII, dated 26.08.2002 and filing of the objections by the appellant on 03.10.2002, neither enquiry was conducted nor notice was issued and no orders have been passed. Now on consideration of the objections or the claim as set forth by him, the question that arises for consideration is as to whether such land, as claimed by the appellant, could be accepted towards surrender. Even under Section 10 vis-à-vis the Rules made thereunder, the disputed land could not have been taken possession of, towards surrender of the excess land. Avoidance of any such lands, which are disputed, it is always open for the authorities to undertake dispossession from the other lands belonging to the declarant towards excess. Hence, it is mandatory on the part of the Tribunal to consider such applications and prima facie, we are of the view that any denial thereto would affect the substantive rights of the appellant herein. In the circumstances narrated supra, the Writ Appeal is allowed. The order of the leaned Single Judge is set aside. Consequently, Writ Petition No. 19755 of 2002 is allowed, directing the Tribunal to consider the objections filed by the appellant herein, after holding a regular enquiry, duly giving notice and opportunity of hearing and pass appropriate orders in accordance with law, on its own merits. It is also made clear that till the disposal of the objections and passing appropriate orders threon, the appellant shall not be dispossessed from the land in question. This entire exercise shall be completed within three months from the date of receipt of a copy of this order. No costs. ----------------------------- (B. PRAKASH RAO,HACJ) -------------------------- (V. SURI APPA RAO, J) 30th November 2010 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}