GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

TW - Revision Petition filed by Sri Kodumuri Naga Rao S/o Late Veeraiah under Section 6 of A.P.Scheduled Areas Land Transfer Regulation) Act,1959 against the order dated 8.1.1999 in CMA No.2/1998 of the Agent to Govern-ment, Khammam district- Dismissed Orders Issued.

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SOCIAL WELFARE (LTR.2) DEPARMENT

 

G.O.Ms.No.105 Dated :27- 10-2003.

Read the following

 

1.From Sri Kodumuri Naga Rao R.P dated 18.2.2002.

2.From the Collector, Khammam Letter Rc.No.F1/CMA-2/98 dated

27.6.2002.

.

 

ORDER:

 

In the reference first read above Sri Kodumuri Naga Rao has filed Revision Petition through his Counsel, before the Government, against the order of the Agent to Government, Khammam ,in CMA No.2/1998.dated 8.1.1999 in respect of land of Acs.7.08 gts in S.No.6 of Mulakalapally village and Mandal , Khammam district. After examination of the case records and material papers, notices have been sent to the concerned to attend the hearing on 26.8.2002, but they failed to attend the said hearing. Subsequently, they have been provided with opportunity of being heard on 16.9.2002 ,21.10.2002, 11.11.2002, 30.12.2002,10.2.2003, 10.3.2003, 10.4.2003,2.6.2003,21.7.2003 and 18.8.2003, but they failed to utilize the opportunities to adduce evidence in their favour.

 

2. On examination of the records and orders of the lower courts, it is found that the father of the petitioner has purchased the p.s land from its pattadars (non tribals) under sada sale deed dated 26.4.1967 and after that he failed to regularize the transaction by way of registered sale deed and also failed to make mutations in the revenue records. The petitioner failed to produce any valid documentary evidence to prove his lawful possession over the property. Evidently, it is proved that the transfer of the immovable property belonging to non- tribals was made to another non tribe i.e., the petitioner herein, in contravention of Section 3(1)(a) Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 read with Regulation 1/1970 after commencement of the said regulation and as such it is null and void.

 

3. The Government see no reason to interfere with the order passed by the lower court. In the result the order dated 8.1.1999 in CMA No.2/98 of the Agent to Government, Khammam is upheld and the R.P filed by Sri Kodumuri Naga Rao is dismissed. The Counsel for the Revision petitioner is requested to inform his client accordingly.

 

4. The Collector, Khammam is requested to take necessary further action in the matter.

 

( By order and in the name of the Governor of Andhra Pradesh )

 

C.R.Biswal,

Secretary to Government.

 

To

Sri P.Nalini Kanth,Advocate,105,Srinivasa Apartments,Near Zahara Masid,

Humayun Nagar, Hyderabad 500 028.

Sri Kodumuri Naga Rao,S/o Late Veeraiah,Mulakalapalli village, and Mandal,

Khammam district.

TheCollector, Khammam distgrict (with records)

1.Agent to Government, Khammam case file No.R.Dis.CMA.2/98

containing total pages (150).

2.SDC (TW), Palvancha now at Bhadrachalam case file No.56/98/MKP

containing total pages (92)..

The Special Deputy Collector (TW) Palvoncha, Khammam district.

 

: ::Forwarded::By order::

 

Section Officer.