GOVERNMENT OF ANDHRA PRADESH
|Tribal Welfare Department -Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 - Revision Petition filed by Sri Kadala Pallamsetti - Son of Ramanna - Resident of Ramavaram village - Kothagudem Mandal - Khammam District in C.M.A.No.13/87 - Dated 6-10-1988 - Dismised - Orders - Issued.|
SOCIAL WELFARE (LTR) DEPARTMENT
G.O.MS.NO.81 DATED: 06-09-2000.
Read the following:-
l. Revision Petition filed by M/s. P.Satyarjababu andK.P.S.Sarma, Counsel for the petitioner Revision
Petition dated nil.
2. From the Collector, Khammam District letter Rc.No.Cl-CMA.No.13/87, dated 10-3-1998.
3. Govt.Letter No.4882/LTR.2/97-10, dated 29-6-2000.
1. Sri Kadali Pallamsetti Son of Ramanna, Resident of Ramavaramvillage, Kothagudem Mandal, Khammam District hasfiled Revision Petition under section 6 of Andhra Pradesh Scheduled Area Land TransferRegulation, 1959 throughhis Counsel in the reference lst read above against the orders of Agent to Government,Khammam District in C.M.A.No.13/87, dated 6-10-88.
2. The following are the main grounds urged in the
l. The order of the Special Deputy Collector (T.W),Palwancha,Khammam District made in case No.22/82 dated 26.2.1986against the petitioner for evicion and to handover vacant land (House site) admeasuringAc.0.19 cents in Survey Nos.7 and 8including the constructed House bearing No.15-4-11-2 situated at Ramavaram village, KothagudemMandal, Khammam District to Lala Singh is much against the facts, and recordsevidence available and the orders passed by the Agent to Government and DistrictCollector, Khammam Dist. in CMA No.13/87, dated 6-10-1998 is also illegal and against tolaw and much against to the principles of natural justice and evidence.
2. The orders of the respondents are liable to be set aside asthe same are illegal and against to the natural records.
3. The petitioner has purchased the vacant land (House site)admeasuring Ac.0.l9 cents in Sy.Nos.7 and situated at
Ramavaram village, Kothagudem Mandal, Khammam District for theconstruction of house in the year 1977 from Dr.V.Hanumanth Rao who inturn purchased theabove land including other lands from late Lala Singh. After the purchase of the above said land by the petitioner, thepetitioner constructed a House bearing No.15-4-111/2 in the year 1982 by spending hugeamounts out of his earnings and also from the earnings of his sons.
4. The petitioner has raised several pleas before the respondentsin entertaining the application of the late Lala Singh, but without considering the legalposition and without appreciating the facts of the case, the respondents ordered evicionfor the restoration of the property to late Lal Singh.
5. Previously late Lala Singh has also filled anapplication for the restoration of the lands against Gunthala Veeraiah vide case No.24/82and the same has been dismissed observing that late Lala Singh is a non-tribe and he hassold some of his lands to G.Veeraiah who is a non-tribe on dated 24.6.1965 and as such itis a non-tribe.
6. The orders of the Respondents are not of speaking orders andthey have not at all considerable the real issues involved in the caseand as such the orders of the Respondents shall become illegal and void and thereby liableto be set-aside.
7. Late Lala Sing is not a Schedule Tribe and he has alreadydisposed off his lands to various persons before the Regulation coming into force and thesame has been brought to the notice of the Respondents and the Respondents ought to haveallowed the claim of the petitioner by dismissing the application of late Lala Singh.
8. The original applicant Lala Singh is no more and no legalheirs are forthcome and the Respondents also do not know whether any legal heirs of lateLala Singh are in existence.
9. Under Section 3 (2)(a) of Andhra Pradesh Scheduled Areas LandTransfer Regulation 1959 where a transfer of immovable property is made in contraventionof Sub-section
(l), the Agent, the Agency Divisional Offcer or any otherprescribed officer, may, on application by any one interested, or on information givenin writing by a public servant, or suomoto decree ejectment against any person inpossession of the property claimingunder the transfer, after due notice to him in the manner prescribed and may restore it tothe transfer or his heirs and as such itis clear from the above Regulation that if at all the property under his occupation is tobe restored only to his vendor viz., Dr.V.Hanumanth Rao as the transactionbetween the deceased Lala Singh and Dr.V.Hanumantha Rao is notvoid or against to the Regulation.
10. The Special Deputy Collector (T.W),Paloncha ought not to haveinitiated any proceedings if he has property enquired and the Agent toGovernment, Khammam ought to have allowed C.M.A.No.13/87 filed by the petitioner if he hadproperlyappreciated the facts and records.
3. The Revision Petition is examined based on the records andmaterial. The Counsel for the petitioner has appeared on 17-7-2000 and given his argumentsin line with the Revision Petition filed. He could not produce any documentary evidencetoprove that the transaction took place prior to Regulation 1/70 came into force. Hence thetransaction is hit by Andhra Pradesh Scheduled Areas Land Transfer Regulation,1959 readwith Regulation 1 of 1970.
4. After careful examination of the case with reference toconnected records and material papers, the Government is ofthe view that thereis no reason to interefere with the orders passed by the Agent to Government, Khammamdistrict in CMA No.13/1987, dated 6-10-1988. Therefore, the Revision Petition filed by SriKadali Pallamsetti is dismissed and the orders of the Agentto Government, Khammam district in CMA No.13/1987, dated 6-10-1988 are confirmed. TheCounsel for the Revision Petitioner is requested toinform his client accordingly.
5. The Collector, Khammam District is requested to take necessaryfurther action in the matter.
( BY ORDER AND IN THE NAME OF THE GOVERNOROF ANDHRA PRADESH )
SECRETARY TO GOVERNMENT
Sri Palivela Sathirajababu,Advocate, H.No.2-2-647/187-4,
Central Excise Colony, Bagh Amberpet, Hyderabad -13.
The Collector, Khammam District.
(the following records is returned)
l.C.f. No.22/82/Kgm. cf pgs.44+nf4.
2.CMA No.13/87 total pgs. 116.
The Special Deputy Collector,(TW), Paloncha, Khammam District.
The Mandal Revenue Officer, Kothagudem Mandal, Khammam Dist.
The Govt.Pleader for Social Welfare, High Court of Andhra
Pradesh,Hyderabad. (He is requested to watch regarding
filing of appeal and defend the interests of Government.)
//FORWARDED: BY ORDER//