THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR C.R.P No.3087 of 2006 Date: 28.1.2010 Between: Raja Rednam Rajalakshmi Devi. ……….. Petitioner/appellant. And State of Andhra Pradesh rep by the Authorized Officer, Land Reforms, Kakinada, East Godavari District. ……. Respondent. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR C.R.P No.3087 of 2006 ORDER: This civil revision petition is filed challenging the order dated 2.1.1995 passed in L.R.A.No.77 of 1994 on the file of the Land Reforms Appellate Tribunal, East Godavari, Kakinada, whereby and whereunder the appeal filed by the appellant was dismissed confirming the order dated 17.6.1994 passed in L.C.C.No.82/PDP/1975, on the file of the Court of the Land Reforms Tribunal, Kakinada. The brief facts of the case are as follows: The petitioner filed declaration before the Land Reforms Tribunal and after due enquiry, the Tribunal passed orders under Section 9 of the Andhra Pradesh Land Reforms (Ceiling on Agriculture Holdings) Act, 1973 (herein after referred to as ‘the Act’) on 01.07.1977 determining that the declarant holds excess land equivalent to 1.8225 Standard Holdings. Aggrieved by the said order, she filed L.R.A No.712/78 disputing the classification of certain lands and raising some other points. The appeal was allowed on 9.11.1979 and the matter was remanded and the Land Reforms Tribunal determined by its order dated 10.1.1980 that the family unit of the declarant holds the land equivalent to 0.6556 Standard Holdings in excess of the ceiling fixed. Then the declarant filed memo surrendering certain lands. The Tribunal accepted certain lands but on 6.6.1988, the Tribunal issued Form No.VII notice refusing to accept the surrender of certain lands and requesting to surrender alternate lands and as no alternate lands wee proposed by the declarant, the lower Tribunal issued notice under Section 10 (4) of the Act on 15.4.1991 provisionally selecting the land bearing S.No.408 to the extent of Ac.14.01 cents of Ramavaram Village for surrender and notice in Form No.VIII was served on the petitioner. Challenging the said notice, the petitioner filed L.R.A No.192 of 1993 besides filing objection petition on 7.12.1993 before the lower Tribunal. The said appeal was dismissed on 25.3.1994 directing the lower Tribunal to consider the objections filed by the petitioner and pass orders under Section 10 (4) of the Act. I have gone through the entire record. One of the contentions of the petitioner is that S.No.221/3 of Madhavaram Village does not belong to her. The appellate Tribunal perused the declaration filed by the declarant and came to the conclusion that the petitioner had shown the said land as the land belonging to her in her declaration. It has to be seen that the order passed under Section 9 of Act on 19.1.1980 became final, as she did not challenge the said order. It is the contention of the petitioner that S.Nos.4/1, 4/2, 7 and 9 of Jalumuru Village do not belong to her. The appellate Tribunal found that there is sufficient material on record to show that the above survey numbers correspond to old S.No.1576/9, which were admittedly shown by the declarant in her declaration. The record revealed that S.Nos.3/1, 3/2, 4/1, 4/2, 5/1, 5/2, 7 and 9 correspond to old S.No.1576/9. Therefore, the petitioner is not justified in contending that those lands do not belong to her. As far as S.Nos.4/1, 4/2, 7 and 9 are concerned, the law has been well settled under Section 10 (5) of the Act, the lands which are rendered unfit for cultivation cannot be accepted for surrender and there is no material on record to show that the canals were in existence by 01.01.1975. Moreover, no appeal was filed against Form No.VII notice as observed by the Appellate Tribunal. The appellate Tribunal has considered all the points raised by the appellant and I do not see any reason to interfere with the impugned order, which is based on material and well reasoning. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ______________________ Justice B.Chandra Kumar Date:28.1.2010 mrb