The liability to surrender 1.60 acres as lands held in excess of the ceiling area by the fourth respondent assessee has long ago become final. What survives is the identity of the excess lands to be taken possession of in satisfaction of the liability. The petitioner who is the brother of the fourth respondent laments that a few items of property alloted to him under the partition Deed No. 1317/1970 have been erroneously identified as excess lands.
2. I do feel that the option statement filed by the fourth respondent assessee has not been considered in the proper perspective as is warranted. The Taluk Land Board shall issue notice to the petitioner as well as the fourth respondent and fix the identity of the excess lands to be assumed possession of. The property alloted to the petitioner under the partition Deed No. 1317/1970 shall not be identified as the excess lands in fixing the property to be taken possession of from the fourth respondent. The parties shall C.R.P. No. 218 of 2009 2 appear before the Taluk Land Board, Alathur on 27.10.2014 and every endeavour shall be made to pass fresh orders on the option statement within a period of three months therefrom.
The impugned order is set aside for this limited purpose.
The Civil Revision Petition is allowed. No costs.
V.CHITAMBARESH JUDGE DCS