Section 8 in The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974
8. Procedure for taking possession of the land surrendered:
(1)The Revenue Divisional Officer may on receipt of a copy of the order passed by the Tribunal under sub-rule (6) of Rule 7 in respect of any land surrendered or deemed to have been surrendered by an owner, issued an order in Form IX authorising any officer not lower in rank than a Revenue Inspector to take possession of such land.(2)A copy of the order shall be served on the person who has surrendered or is deemed to have surrendered the land and on any other person in possession or occupation of such land.(3)Where the person concerned voluntarily delivers possession of the land, the officer authorised to take possession of the land shall record a statement of the person to that effect and also record a certificate in Form X and send the same to the Revenue Divisional Officer under intimation to the Tahsildar and Tribunal concerned.(4)Where the person concerned fails to voluntarily deliver possession of the land, the officer authorised to take possession of the land may enter on the land and take possession thereof after removing any obstruction or any unauthorised occupant, if any, on such land if necessary but using such force as he thinks fit and record a certificate in Form X duly attested by two witnesses:[Provided that where there is a seasonal crop on the ground as on the date of taking possession, or it shall be allowed to be harvested by the person in actual possession or occupation of the land on that date, as his own risk and no compensation from the Government for any loss or damage to the crop shall be allowed under any circumstances.] [Proviso is substituted by G.O.Ms.No. 1812, Revenue(G), dated 27-10-1978.](5)The certificate in Form X shall be prepared in triplicate and a copy in each shall be sent to the Tribunal, the Revenue Divisional Officer and to the Tahsildar concerned.(6)The particulars of all lands so surrendered or deemed to have been surrendered and taken possession of land vesting in the Government free from all encumbrances, shall be entered in a register by the Tahsildar concerned setting apart separate pages for each revenue village.(7)All lands vesting in the Government shall be registered in the Revenue accounts of the village as assessed waste Government lands until their allotment or transfer, as the case may be, in accordance with the provisions of the Act, or until their registry is duly altered in accordance with the rules in force relating to Government lands.[9. Reversion of land surrendered by usufructuary mortgage etc.: - (1)(a) Where any land is surrendered or is deemed to have been surrendered under the Act by any usufructuary mortgagee, tenant, or person in possession by virtue of a mortgage by conditional sale or through part performance of a contract for sale or otherwise, the possession of such land shall as soon as may be after a seasonal crop on the land is harvested, revert to the owner except in a case where the owner himself surrenders such land as surplus under the provisions of the Act, whereupon it shall vest in the Government free from all encumbrances.] [Substituted by G.O.Ms.No. 611, Rev.(G), dated 25-5-1977.](b)Where any land is surrendered or is deemed to have been surrendered under the Act by any limited owner, the possession of such land shall, as soon as may be after a seasonal crop on the land is harvested, revert to the person having a vested interest in the remainder.(2)Where a person specified in sub-rule (1) fails to deliver possession of the land to the owner or to the person having a vested interest in the remainder as the case may be, voluntarily, such owner or person may apply to the Revenue Divisional Officer for being put in possession of the land.(3)The Revenue Divisional Officer shall, after giving an opportunity to the person in possession of making a representation, by order, authorise any officer not below the rank of a Revenue Inspector to take possession of the land and deliver it to such owner or person, as the case may be.(4)The procedure laid down in Rule 8 shall, so far as may be, apply in taking possession and delivering the land to the owner, or person, as the case may be, under this rule. A certificate of delivery of possession shall be recorded in Form XI in triplicate and a copy of each shall be sent to the Tribunal, Revenue Divisional Officer and the Tahsildar concerned for purposes of record.
