Section 10(5) in Andhra Pradesh Land Reforms (Ceiling On Agricultural Holdings) Act, 1973
(5)(a)Notwithstanding anything in the Section, it shall be open to the Tribunal to refuse or to accept the surrender of any land-(i)which has been converted into non-agricultural land and has been rendered incapable of being used for purposes of agriculture;(ii)the surrender of which is not acceptable on account of a dispute as to the title to the land or an encumbrance on the land or on account of the land being in the possession of any person mentioned in [x x x] [The words 'item (ii) or' omitted by Act 10 of 1977, w.r.e.f. 1-1-1975.] item (v) of Clause (i) of Section 3 or on account of the land proposed to be surrendered becoming inaccessible by reason of its severance from the remaining part of the holding; and the Tribunal shall, in every such case, serve a notice on the person concerned requiring him to surrender any other land in lieu thereof; and thereupon the provisions of sub-sections (3) and (4) shall, mutatis mutandis apply to such surrender :Provided that where land proposed to be surrendered under this Section is burdened with a mortgage, the Tribunal may, on an application made by the mortgagor with the consent of the mortgagee, by order, transfer such mortgage from the land so proposed to be surrendered to the residuary holding of the mortgagor or to any part thereof.(b)Where the land so surrendered under Clause (a) is also not acceptable to the Tribunal, the Tribunal shall, after giving an opportunity to the person concerned of being heard, select any other land in lieu thereof, and thereupon, the said land shall be deemed to have been surrendered by such person.
