A B S T R A C TTribal Welfare - Andhra PradeshScheduled Area Land Transfer Regulation 1959 - Adilabad district Revision Petition u/s 6of the Regulation filed by Sri Balaji R/o.Chincholi (V) Ichoda (M), Adilabad dist. againstthe orders of the Agent to Govt. in case
SOCIALWELFARE (LTR) DEPARTMENT
G.O.Ms.No: 29 DATED: 3.4.2000. Read the following:
1.From Sri R.Subash Reddy, Counsel for the Petitioner, R.P. dt.2.12.97.
2.Govt.Memo.No.21080/LTR.2/97-1, dt.11.12.97 and 18.11.98
3.From the Collector, Adilabad Lr. No.D4/27/98, dt.25.6.99.
O R D E R:
Sri Balaji R/o. Chincholi (V)Ichoda (M) Adilabad district has filed Revision Petition before the Government against theorders of Agent to Government in case No.D4/Ag/3/89, dated 23.6.90. The Revision Petitionwas taken up by the
2. The following are the principalgrounds urged in the
i) The petitioner is the owner andpossessor of the land bearing S.No.48/AA admeasuring 8.11 guntas situated at Chincholi (V)Ichoda (M), Adilabad district having purchased the same in the year 1969 from a non-tribalpattedar Shahbuddin.
ii) The Petitioner has been inpossession of the property since 1969 as absolute owner and as such the purchase is nothit by the provisions of A.P.Scheduled Areas Land Transfer Regulation, 1959 read withAmended Regulation I of 1970 which came into force witheffect from 3.2.1970.
iii) The orders passed by theRespondents 1 and 2 ordering eviction of the petitioner are contrary to law, facts of
iv) The lower courts failed toconsider the purchase made by the petitioner prior to the Regulation came into force andhave erred in ordering eviction based on the Registered Sale Deed whichwas executed at a later date but in fact the purchase was
v) The 2nd respondent has passedeviction order without providing any opportunity to the petitioner and the same was
vi) Questioning the orders passedby the respondents 1 and 2 the petitioner has filed W.P.No.14546/90 before the Hon;bleHigh Court of A.P. and interim suspension orders were sought for inWPMP.No.18675/90. The above writ petition was admitted and interim orders were granted on15.10.90. The above writ petition was disposed off by the Hon;bleHigh Court on 3.3.97 directing the petitioner to file Revision before this Hon'bleAuthority within 2 months from the date of the order and pending disposal of the Revision,statusquo was directed to be maintained, with regard to possession.Since the revision could not be filed in time, WPMP No.35941/97 was filed seekingextension of time by 2 weeks from 20.11.97 by order dt.20.11.97 as such the revision is
3. The District Collector,Adilabad who was consulted in the matter has sent parawise remarks and case records on theRevision Petition. Based on the same the contentions are examined.
4. In reply to para 2 (i)and (ii),the contention of the petitioner is not correct, since the records reveals that theSy.No.48/A measuring 8.11 acres situated at Chincholi (V) is a Joint patta of SriImamuddin S/o. SK.Vazir and (2) others and this land was cultivated by the pattedars evenin the year 1969-70. In the year 1975 Sri Shamshuddin S/o Sk.Mahboob sold the suit land tothe petitioner Sri Balaji S/o. Narsingh for Rs. 11,000/- and the sale transactionregistered vide document No.130/75 dated 17.5.1975 much later then the enforcement of theAmended Regulation I of 1970. Any transction of the immovable property after 3.2.1970 inthe scheduled area is a violation of the A.P.S.A.L.T.R. 1959 read with Amended RegulationI of 1970. The petitioner has not produced any valid docmentary evidence in support of hiscontention to perfect his title prior to 3.2.1970.
5. In reply to para 2 (iii), thejudgement delivered by the lower court in case file TWA2/1663/84 is according to the lawand justice as well as basing on records.
6. In reply to para 2 (iv) and(v), it is a fact that the petitioner was in unauthorised possession of the suit land andhas not availed the opportunities given even after repeated adjournment to prove histitle. The sale transaction took place in 1975 which was in contravention of sub-section1of section 3 of A.P.S.A.L.T.R. 1959, read with the amended Regulation I of 1970 and henceejectment decree orders were issued. The petitioner has not produced any valid documentaryevidence to prove his title prior to 3.2.1970 except the registered documents No.130/75dated 17.5.1975 which is much later than the Amended Regulation I of 1970.
7. The petitioner has filedWP.No.14346/90 before the Hon'ble High Court of A.P., Hyderabad. The writ petition wasdisposed off by the Hon;ble High Court on 3.3.1997 directing the petitioner to filerevision before the Government.
8. The APSALTR 1959 was introducedto protect the tribals from the social injustice and all form of exploitation of therights given to them in the Constitution of India. The pahani 1969-70 itself is a proofthat he has not purchased the suit land during 1969. The orders passed by the Respondents1 and 2 are in
9. In Government Letter 4th readabove a notice was sent to the Counsel for the Revision Petitioner on 29.12.99. Thecounsel for the Revision Petitioner has attended the hearing on 20.1.2000. The counsel hasrequested to remand the case to Collector, as the lower court has not given sufficienttime to
10. The counsel has not producedany material evidence in support of the case. The Government, after careful considerationof the issue have come to the conclusion that there are no reasons to interfere with theorders passed by the lower courts. Accordingly the Government hereby dismiss the RevisionPetition filed by Sri Balaji R/o. Chincholi (V) Ichoda (M) Adilabad district.
11. The Collector, Adilabad isrequested to take necessary action in the matter accordingly and acknowledge the receiptof the case records which are returned herewith.
(BY ORDER AND INTHE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SECRETARY TO GOVERNMENT
Sri R.Subash Reddy, Advocate, (By R.P.A.D.) H.No.3-5-170/A/A/3,Opp.Water Tank,
Narayanaguda, Hyderabad - 500 029
The Collector, Adilabad Dist.(BY RPAD)
The following case records are returned herewith.
2)SDC (TW) Utnoor, FileNo.TWA2/1665/84.
Special Deputy Collector (TW), Utnoor, Adilabad.
The Govt. Pleader for Social Welfare, High Court of A.P.,Hyd.
(to watch regarding filing of appeal in the High Court and
Mandal Revenue Officer, IChoda (M), Adilabad Dist.