IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27752 of 1998 Between: Srimathi Sivamma ..... PETITIONER AND The State of Andhra Pradesh, Rep.by its Secretary, Revenue (Land Reforms) Department, Secretariat, Hyderabad And 2 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27752 of 1998 O R D E R: It is the case of the petitioner that he has purchased an extent of Ac.8.00 agricultural land in Sy.No.13 and Ac.14.00 in Sy.No.15 situated at Gangawar village, Basheerabagh Mandal, Ranga Reddy District from one Ashi Reddy, S/o.Bheema Reddy, the father of the 3rd respondent herein through an agreement of sale dated 18.05.1967. Pursuant to the said agreement of sale, he was put in possession of the said land and has been in continuous possession and enjoyment of the same till today. But it is stated that the 2nd respondent showed the said land as surplus land of the father of the 3rd respondent, the vendor of the petitioner in his land ceiling proceedings and the same was confirmed by the Land Reforms Tribunal, Vikarabad by order dated 23.10.1976. Against said proceedings, the petitioner approached the Land Reforms Appellate Tribunal-cum-District Judge, Begumpet in CC.No.T/276/75 in so far as inclusion of the said land in the holding of the father of the 3rd respondent. The Appellate Tribunal passed an order on 22.10.1984 in L.R.A.No.45/1982 observing that the petitioner ought to have raised objection at the appropriate stage. Against the said order, petitioner filed CRP.1177/1985 before this Court which was disposed of on 09.07.1986 remitting the matter back to the Appellate Tribunal to decide the case afresh on merits after giving opportunity to both parties. It is stated that pending disposal of the remanded matter before the Appellate Tribunal, the 2nd respondent was insisting to hand over the possession of the said land and therefore, this writ petition is filed. A counter has been filed by the 2nd respondent-Special Tahsildar, Authorised Officer (Land Reforms) stating that one Ashi Reddy, the father of the 3rd respondent, declarant in CC No.T/276/75 was declared as a surplus landholder and accordingly, the Land Reforms Tribunal issued orders under Sec.10 of the Act for surrender of ceiling surplus land and the possession of the land was taken over on 18.04.1981 in respect of Ac.13.60 cents in Sy.No.13, Ac.16.78 cents in Sy.No.15 and Ac.4.57 cents in Sy.No.45 respectively and Form Nos.12 and 13 were issued on 04.08.1981 and the compensation was fixed as Rs.5,000/- and the same was published in Andhra Pradesh Gazette Supplement to Part-II No.41-A dated 15.10.1981. No appeal has been filed on the said surrender proceedings by the petitioner or by any other person. It is stated that even after remand of the matter pursuant to the order dated 09.07.1986 in CRP.1177/1985, the Land Reforms Appellate Tribunal dismissed the same in 1987. After lapse of 11 years the present writ petition is filed. It is stated that possession of the said land was taken over on 18.04.1981 and in fact the said land along with other lands were already assigned in favour of landless poor eligible persons and therefore, the question of dispossession of the petitioner does not arise. It is further stated that during 1967 it was necessary for purchasers to obtain permission of the Government for alienation of the agricultural land and admittedly no permission was obtained and by mere agreement of sale no title can be passed on. In view of the aforesaid facts and circumstances of the case, I do not find any merits in the writ petition. The Writ Petition is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 30.07.2010 Dsr