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B. Krishna Murthy Vs. the Revenue Divisional Officer, Kurnool and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAndhra Pradesh High Court
Decided On
Case NumberW.P. No. 2022 of 1975
Judge
Reported inAIR1977AP249
ActsAndhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 30(1); Andhra Pradesh (Ceiling on Agricultural Holdings) Act, 1961 - Sections 6
AppellantB. Krishna Murthy
RespondentThe Revenue Divisional Officer, Kurnool and anr.
Appellant AdvocateE. Ayyapu Reddy and ;D.K.S. Reddy, Advs.
Respondent AdvocateGovernment Pleader for Revenue (N.S.)
Excerpt:
property - compensation - section 30 (1) of andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 and section 6 of andhra pradesh (ceiling on agricultural holdings) act, 1961 - whether petitioner entitled to compensation under act of 1961 - proceedings related to surrender of land, acceptance of it, determination of compensation and deposit of compensation completed - proviso to section 30 (1) of act of 1973 applied - held, petitioner entitled to compensation. - - since the supreme court has already granted special leave in that matter, we grant leave in this matter as well......of the case, there will be no order as to costs. advocate's fee rs. 100/-.2. the learned government pleader seeks leave to appeal to the supreme court against the order which we have just now pronounced allowing the writ petition. he states that the supreme court has granted special leave against the decision of the division bench in w. a. nos. 776 and 767 of 1975 (andh pra), which we have followed in rendering our decision. since the supreme court has already granted special leave in that matter, we grant leave in this matter as well.3. petition allowed.
Judgment:

Sambasiva Rao, J.

1. The question that arises for decision in the writ petition is whether the petitioner is entitled to compensation under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1961. Section 6 of the Act was repealed by the 1973 Land Reforms Act. Section 30 of the latter Act is to the effect that where any land has been taken over on payment of compensation under the 1961 Act, the proceeding shall be continued in respect of such land under that act. It is stated before us by both sides that all the proceedings relating to the surrender of the Land, acceptance of it, determination of compensation and deposit of compensation had been completed. The State has preferred appeals against the quantum of compensation. Therefore as laid down by a Division Bench of this Court in W. As. Nos. 776 and 767 of 1975 on 23rd October 1975 (Andh Pra), the provisions of the proviso to Section 30(1) of the 1973 Act apply to the land surrendered by the petitioners in pursuance of the proceedings under the 1961 Act. Following the aforesaid decision and in the light of the circumstances stated before us by the learned counsel, we allow this writ petition. Having regard to the circumstances of the case, there will be no order as to costs. Advocate's fee Rs. 100/-.

2. The learned Government Pleader seeks leave to appeal to the Supreme Court against the order which we have just now pronounced allowing the writ petition. He states that the Supreme Court has granted Special Leave against the decision of the Division Bench in W. A. Nos. 776 and 767 of 1975 (Andh Pra), which we have followed in rendering our decision. Since the Supreme Court has already granted special leave in that matter, we grant leave in this matter as well.

3. Petition allowed.


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