Case: State of A.P Vs. S. Vishwanatha Raju and Ors

2. Delay of 3 years and 178 days is condoned.3. Substitution allowed. Leave granted.

Reasoning: No revision was filed in the High Court and therefore, there is no S.L.P. The order thereby became final. The order impugned in this Court is of the individual declaring partner and orders against the other partners cannot be gone into for directing the inclusion of their land in the sale transactions as the respective holdings of the partners or the firms, as the case may be. Technically, she is right.It cannot be said that in appropriate cases, this Court is prevented to take suo motu judicial notice of glaring injustice having recourse to Art. 142 of the Constitution for serving the ends of justice. The very purpose of the Land Reforms (Ceiling on Agricultural Holdings) Act, 1975, is to prescribe the maximum holding so that the excess land becomes available for distribution among the landless persons so as to serve the object of socioeconomic justice envisaged in the Preamble to the Constitution and its Directive Principles of State Policy. When a large extent of land of about 900 acres is sought to be taken out of the purview of the Act by the device of agreements of sale and the officers overlook the same because of their negligence or otherwise in not carrying the orders of authorities in revision and when the facts came to the notice, this court having taken suo motu notice of the same , meet out justice.Accordingly suo motu notice is taken of Developed Nazul Land) Amendment Rules the cases concerned and they are treated as special leave petitions against the orders passed by the appellate authority and considered its legality by granting leave. Hence, we hold that the lands covered under Ex.A-1 and Ex.A-4 should be treated as lands held by the vendor and the vendee. The Land Reforms Tribunal concerned is, therefore, directed to reopen the CCs filed by the respective partners and the managing partners of the company and determine the surplus lands according to law and then pass the appropriate orders according to law.