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Supreme Court of India

State of Andhra Pradesh v. Valluri Vanraju

[1995] SUPP. 2 S.C.R. 4921995 INSC 436
Decided03-08-1995
BenchK. Ramaswamy, K.S. Paripoornan
Case typeCivil Appeal
ResultAppeal(s) allowed
CNRESCR010004341995
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Judgment

CIVIL APPELLATE JURISDICTION: Civil Appeal No.7398 of 1995. STATE v. V. V ANRAJU From the Judgment and Order dated 6.4.87 of the Andhra Pradesh A High Court in C.R.P. No. 770 of 1986. K. Ram Kumar, Ms. Asha Nair, N. Sridhar and T.V.S.N. Chari for the Appellant. S.C. Birla for the Respondent. The following Order of the Coiirt was delivered : Leave granted. The respondent has submitted his declaration under Section 8(1) of C the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Officer held that the respondent's holding was in excess of 1.3590 standard Holding. On appeal, it was confirmed but the High Court in revision, which by the impugned order allowed the exclusion of 3 acres 5 cents from the holding. The Advocate Commissioner has submitted his report and on perusal of the Commissioner's report it D could be seen that the lands in S.No. 118/1 situated in Alamuru village in an extent of 12 cents and 9 cents respectively should be excluded.

Equally the lands in Mandapata bearing S.No. 178/3 in an extent of 6 cents and 3 cents respectively: lands in S.No. 174/l in an extent of 4 cents; lands in S.No. 170/2 in an extent of 3 cents; lands in S.No. 227/4 in an extent of 2 E cents and lands in S.No. 224/l in an extent of 4 cents respectively need to be excluded. It is also reported by the Commissioner that in S.No. 469/3 and 469/4 lands in an extent of AC-1.58 cents was acquired in 1970 by the Government for the purpose of constructing houses for the weaker sections and that land was no longer within the holding of the respondent. All these lands alone stand excluded from his holding and the rest of the land are included in the holding of the respondent. The appeal is allowed to the above extent. No costs . G.N. Appeal allowed.