IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3420 of 2001 Between: Jajula Durgarao S/o late Gothayya R/o Rangappagudem village Buttaigudem Mandal, W.G. Dist. ..... PETITIONER AND 1 The Agent to Government/ The District Collector, West Godavari Dist., Eluru. 2 The Special Deputy Collector, (Tribal Welfare) K.R.Puram. 3 The Mandal Revenue Officer, Buttaigudem Mandal, W.G.Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue order, direction more particularly one in the nature of writ of MANDAMUS declare the proceedings S.R.No.458/98 dated 11-3-1999 on the file of Special Deputy Collector(TW) K.R.Puram is illegal arbitrary and without having any power under the Regulations 1/59 as amended by 1/70, and set aside the same and to pass such further order or orders. Counsel for the Petitioner:MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following: Form-NIC-OGS/WP{ND} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3420 of 2001 ORDER: The petitioner, son of late Gothayya, resident of Rangappagudem village of Buttaigudem Mandal, West Godavari District questions the order of the Special Deputy Collector, Tribal Welfare in SR No.458/98 dated 11.03.1999 in seeking to dispossess the petitioner and his family members from an extent of Ac.4.35 cents including trees, topes or structures and machinery if any thereon in Sy.No.59 of Rangappagudem village of Buttaigudem Mandal which is agency area, as illegal and arbitrary. It is the case of the petitioner that the land of an extent of Ac.4.35 cents covered by Sy.No.59 of Rangappagudem village, Buttaigudem Mandal of West Godavari District originally belong to Madakam family i.e. the 4th respondent of tribal community and the said land was purchased by a hill tribe namely Tiruveedula Sankaru by way of registered sale deed dated 08.07.1948. The said Tiruveedula Sankaru, who became non-tribal w.e.f.06.09.1950 sold the said land to Jajula Atchamma, the mother of Gothayya i.e. grand-mother of petitioner by way of registered sale deed dated 15.10.1959. It is stated that there was no prohibition for the sale of the land in the schedule area by a non-tribal in favour of a non-tribal upto 03.02.1970 as the prohibition was imposed by Regulation 1/70 w.e.f.03.02.1970 prohibiting the sale of land by a non-tribal in favour of a non-tribal and also by a tribal in favour of ao tribal. It is stated that as the said Tiruveedula Sankaru became non-tribal w.e.f.06.09.1950 and the grandmother of the petitioner was also non-tribal, and therefore, the sale transaction of the said property by way of registered sale deed dated 15.10.1959 is not hit by Regulation 1 of 1970 or Regulation 1 of 1959 or A.P.Scheduled Areas Land Transfer Regulation of 1959. It is stated that the Special Deputy Collector, West Godavari District by order dated 24.03.1978 in SR No.154/1977 ordered ejectment of the petitioner’s father on the ground that the sale of the said land is hit by Sec.3(1) of A.P.Scheduled Areas Land Transfer Regulation of 1959 as there was no prior permission obtained for transfer of the land by a non-tribal to non-tribal. As against the said order in SR.No.154/77 dated 24.03.1978 of the Special Deputy Collector, the father of the petitioner filed SRA.5/1981 on the file of the Agent to Government, West Godavari, Eluru and the Agent to Government by order dated 18.07.1982 allowed the appeal holding that permission of Agent for sale transaction by a non-tribal to non-tribal is not required and therefore, the sale transaction between the two non-tribals is perfectly valid prior to Regulation 1/1970. It is stated that the petitioner family has been enjoying the said property of Ac.4.35 cents in Sy.No.59 without any interruption whatsoever pursuant to the order of the Agent to the Government dated 18.07.1982 in SRA.5/81. It is stated that thereafter, at the instance of the 4th respondent herein, the Special Deputy Tahsildar, Tribal Welfare, K.R.Puram filed a case before the Special Deputy Collector, Tribal Welfare in SR.No.458/98 stating that the petitioner’s father gifted an extent of one acre of land out of total extent of Ac.4.35 cents vide registered Settlement Deed No.948/1971, dated 10.09.1971 and therefore, the said transfer is hit by Regulation 1/1970 as there cannot be any transfer of the land in the scheduled area even by a non-tribal in favour of a non-tribal. The claim for resumption of land is only an extent of one acre by Registered Settlement Deed No.948/71, but whereas the Special Deputy Collector by the impugned order dated 11.03.1999 in SR.458/98 resumed the entire land of Ac.4.35 cents. The petitioner questions the said order on the ground that the resumption of entire land of Ac.4.35 cents is illegal as there was no transfer of the entire and there was transfer of land of an extent of one acre alone, and hence the resumption of the land can be restricted only for the said extent of one acre covered by the Registered Settlement Deed dated 10.09.1971, registered as Document No.948/71. Heard the arguments of either side. It is not in dispute that the claim of resumption was only in respect of one acre covered by the registered settlement deed No.948/71, but not to the extent of the entire land Ac.4.35 cents in Sy.No.59. In view of the above, I am of the opinion that merely because the claim of the petitioner’s father in SR.5/81 was for total extent of Ac.4.35 cents and there was transfer of one acre out of the said land, it cannot be said that the father of the petitioner has violated Regulation 1/70 in so far as the remaining Ac.3.35 cents is concerned. In fact the claim was only for one acre, and therefore, the resumption of remaining land Ac.3.35 cents is illegal and unsustainable. Accordingly, the order of the Special Deputy Collector, Tribal Welfare, K.R.Puram of West Godavari District, dated 11.03.1999 is set aside in so far as the resumption of the land of Ac.3.35 cents is concerned, and at the same time the order has been upheld in so far as the resumption of one acre of land covered by registered settlement deed No.948/71, dated 10.09.1971. The Writ Petition is, accordingly, allowed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 24.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Agent to Government/ The District Collector, West Godavari Dist., Eluru. 2 The Special Deputy Collector, (Tribal Welfare) K.R.Puram. 3 The Mandal Revenue Officer, Buttaigudem Mandal, W.G.Dist. 4 2. 2CCs to 5. 2CD copies