THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P.No.6188 of 2005 Date: 15.07.2010 Between: Amaraneni VenkataKrishnaiah and 4 others … Petitioners AND The Authorised Officer, Land Reforms Tribunal, Bandar. and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P. No.6188 of 2005 ORDER: This Revision under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for brevity ‘the Act of 1973’) arises out of the judgment dated 22.09.2005 passed by the Land Reforms Appellate Tribunal, West Godavari, Eluru in L.R.A.No.8 of 1985. The matter has a long and chequered history. M/s.Challapalli Sugars Limited, a Private Limited Company, the second respondent herein, filed a declaration with regard to the lands possessed by it under the Act of 1973. The Primary Tribunal by order dated 19.07.1982 computed the land holding of the said company and the extent to be surrendered by it. However, at the stage of taking possession of such excess land, the issue arose as to whether the petitioners herein have independent rights through one Aravinda Babu, a promoter of the second respondent company, who independently owned an extent of Ac.9.48 cents in Bogireddipalli village. The petitioners filed a petition contending that they were in possession of the said land and that the same did not belong to the second respondent company. However, the Primary Tribunal held against them. In appeal to the Land Reforms Appellate Tribunal, six points were framed for consideration. The Appellate Tribunal after deliberating these issues dismissed the appeal. Aggrieved thereby, the petitioners filed C.R.P.No.3290 of 1985 before this Court. By order dated 10.11.1987 this Court set aside the Tribunal’s order and remanded the matter to the Tribunal to give a definite finding as to whether the finding of the Primary Tribunal that possession was taken on 20.12.1984 was correct. Thereupon, the Land Reforms Appellate Tribunal, West Godavari remanded the matter to the Primary Tribunal for receiving objections in response to the public notice in Form No.VIII and to decide the rights of the interested parties in possession of the land, if any, and to complete the surrender proceedings expeditiously. Aggrieved by this action, the Government approached this Court by way of C.R.P.No.271 of 1992. This Court allowed the said C.R.P. on 01.04.1998 and remanded the matter to the Appellate Tribunal to give a definite finding on the issue of possession as directed by it earlier in C.R.P.No.3290 of 1985. In consequence, the Appellate Tribunal took up the matter and by its judgment dated 22.09.2005 held that the Government had taken possession of the land and that the petitioners herein had cultivated it thereafter taking advantage of the fact that the subject land was not assigned to anyone. Aggrieved thereby, the petitioners filed the present revision. A reading of the judgment of the Appellate Tribunal demonstrates that the Tribunal only relied upon the possession receipt dated 22.12.1984 said to have been signed by the fourth petitioner herein. The Tribunal took note of the fact that no contra evidence was produced to disbelieve the said receipt and without further ado, the Tribunal observing that the acts of the government officials should be treated as done in accordance with law until the contrary is proved, held that the possession was taken over. Placing reliance on the inspection report submitted by the Special Deputy Tahsildar, Land Reforms, R.D.O. Office, Bandar who certified that the petitioners were in actual possession of the subject land and were cultivating paddy therein and the adangals for the years 1987-88, 1988-89 and 1989-90, made part of the record, indicating the possession of the petitioners over the subject land, the appellate Tribunal rendered the finding that the Government had taken possession of the subject land but the petitioners, taking advantage of the non-assignment of the subject land to anyone, occupied the same and therefore they are to be treated as encroachers. The Appellate Tribunal accordingly held that the finding of the Primary Tribunal with regard to the delivery of possession on 20.12.1984 was true and correct. The exercise undertaken by the Appellate Tribunal pursuant to the direction of this Court in C.R.P.No.3290 of 1985 leaves a lot to be decided. It may be noticed that the Act of 1973 and the Rules framed thereunder prescribe a detailed procedure with regard to the surrender of excess lands and the manner in which the possession thereof has to be taken. Particulars of the lands to be surrendered are to be notified in Form No.VIII which is a public notice and has to be affixed on the notice board of the Tribunal, Taluk office and Gram Panchayat. It also has to be announced by beat of tom tom in all the villages concerned. After the passing of the final order by the Tribunal under 10 of the Act of 1973, the Revenue Divisional Officer concerned has to issue an order in Form No.IX authorizing an officer not below the rank of Revenue Inspector to take possession of the land. The procedure for taking possession is detailed in Rules 8 (1) to (5). As soon as the land is taken possession the certificate is issued in Form No.X and an entry has to be made in the appropriate register and also the village accounts in this regard. In the present case, the judgment of the appellate Tribunal reveals that none of the records were perused or examined by the Tribunal to ascertain whether the possession of the subject lands were taken by the Government in accordance with the prescribed procedure. This was what required of the Tribunal by the order passed by this Court in C.R.P.No.3290 of 1985. Losing sight of this requirement, the Tribunal merely relied upon a possession receipt said to have been executed by the fourth petitioner herein. A possession receipt is not contemplated or recognized as a certified record of delivery of possession under the Act of 1973 or the Rules framed thereunder. It is clear from the judgment of the Tribunal that though voluminous record is available no other record was perused by it to verify whether the land was taken possession of in accordance with the recognized prescribed procedure. The judgment dated 22.09.2005 is accordingly set aside and the matter is remanded to the Land Reforms Appellate Tribunal, West Godavari, Eluru to examine the records and ascertain whether the possession of the lands, being an extent of Ac.4.68 cents in R.S.No.440 and Ac.4.80 cents in R.S.No.436 of Bogireddipalli village were taken over on 20.12.1984 as per the recognized procedure prescribed under the Act of 1973 and the Rules framed thereunder. After giving due opportunity to the parties concerned, this exercise should be completed within three months from the date of receipt of a copy of this order. The Civil Revision Petition is accordingly allowed. No order as to costs. __________________ SANJAY KUMAR, J Date: 15.07.2010 Note: 1. Office is directed to transmit the entire record to the Land Reforms Appellate Tribunal, West Godavari, Eluru forthwith. 2. Issue CC in one week (B/o.) Isn