K MAHALAXMI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The question that arises for consideration in this Writ Petition is "Whether the Special Deputy Collector, Tribal Welfare (Competent Authority) under Section 3 of the A.P. Scheduled Areas Land Transfer Regulation, 1959 is having jurisdiction to decide the validity or otherwise of the sale transactions effected prior to the coming into force the Regulations in Telangana districts of Andhra Pradesh.

(2.) The facts leading to the present Writ Petition are that one Pendrum Bhikku was a tribal holding patta land of an extent of 9 acres in S.No. 90 of Muthyampet village, Luxettipet taluk, Adilabad District. The lands fall in notified scheduled area. He had sold the said land under Registered Sale Deeds. An extent of Ac. 4-20 gts. was sold to Chilukuri Venkaiah and equal extent to Padala Saya Goud under Registered Sale Deed bearing No. 30 of 1338 Fasli dated 2nd Ardibesht, 1338 Fasli. The said Chilukuri Venkaiah sold his lands to Sunga Bheemaiah under unregistered sale deed and got mutated his name in revenue records. Sunga Bheemaiah, in turn sold the lands to Muthe Hanumaiah. Similarly, after the death of Padala Saya Goud, his son sold these lands along with other lands to Komareddy Rajaiah and Bodakunta Ramlu under Registered Sale Deed No. 871 of 1344 F, dated 4th Amesdad. While so Chellasani Pumachandra Rao purchased Ac. 4-20 gts. from Mutha Hanumaiah under Registered Sale Deed No. 712/64, dated 7-10-1964 and similarly he purchased Ac. 2-10 gts. from Bodakunta Pocham under registered document No. 104 of 1964, dated 10-2-1964. The said total extent was sold to Gouramma under Registered Sale Deed bearing No. 896 of 1965, dated 14-6-1965. After death of Gouramma, her husband Veeramma gifted Ac. 4-20 gts. to Smt. Rajeshwari under registered gift deed No. 1402 of 1966, dated 14-7-1977 in S.No. 90-A and the other extent of Ac.2-10 gts. in S.No.90/B in Favour of Mahalakshmi under Registered Gift Deed No. 1211 of 1967, dated 20-7-1967.

(3.) In 1338 Fasli there was no Special Law for the administration of the tribal areas in Adilabad District. Ever since the purchase by Chilukuri Venkaiah and Padala Saya Goud, who were non-tribal have been cultivating the land as owners. The predecessors-in-title of the petitioners purchased the said land in two pieces. The petitioners were gifted the above said land into two pieces. An extent of Ac. 4-20 gts. in S.No. 90/A and an extent of Ac. 2-10 gts. in S.No. 90/B were gifted to the petitioners under two gift deeds bearing No. 1402 of 1966, dated 14-7-1966 and 1211 of 1967, dated 20-7-1967. Regulation 1 of 1959 and subsequent amended Regulations have no applicability to the sale transactions. It is stated that all the sale transactions from 1338 Fasli to 1967 were between the non-tribals to non-tribals and as such A.P. Scheduled Areas Land Transfer Regulation, 1959 were not attracted. The Laws which were prevailing in the erstwhile State of Hyderabad, A.P. (Telangana Tribal Areas) Regulation, 1359 Fasli, Regulation 3 of 1359 Fasli which came into force on 31st Azur, 1359 Fasli which was approximately 1949 A.D. Prior to 1359 Fasli Regulations, Tribal Areas Regulation, 1356 Fasli was in force and prior to that there was no law in the State of Hyderabad under the then King applicable in Adilabad areas prohibiting sale transactions from tribal to non-tribal. Therefore, the transactions which took place in 1338 Fasli are quite legal and valid and they are not hit by any of the legal provisions. While the petitioners were enjoying the property, suo motu proceedings were initiated by the 2nd respondent-Special Deputy Collector, Tribal Welfare alleging that the petitioners are in possession and enjoyment of the tribal land and that the transfer of the land in the notified area was made in contravention of Section 3 of A.P. Scheduled Areas Land Transfer Regulation, 1959. The petitioner submitted a detailed justification stating that the predecessors-in-title had purchased the land under a Registered Sale Deed in 1338 Fasli and thereafter the petitioners came in possession of the said land by virtue of the registered gift deed executed in their favour. The name of the predecessors of the petitioner was also mutated in the revenue records, necessary entries were also made in the revenue records. However, Special Deputy Collector observing that in the year 1350 Fasli, Agricultural Lands Alienation Act, 1349 Fasli was in force and it prohibited the transfer of agricultural land from one class to other class. Therefore, such transfer from tribal to non-tribal was illegal. He also observed that the Agricultural Lands Alienation Act, 1349 Fasli was in force till it is replaced by the Hyderabad Tenancy and Agricultural Lands Act, 1950. Before enforcement of Hyderabad Tenancy and Agricultural Lands Act, 1950, Tribal Regulations, 1359 Fasli and the Rules made thereunder were governing the field. The Regulations came into force on 31-1-1359 Fasli and 16-2-1359 Fasli and the Regulations were having overriding effect. The notified Tribal Area Regulation and Rules of 1359 Fasli were in force till 1-12-1963 on which date they were repealed and replaced by A.P. Scheduled Areas Land Transfer Regulation, 1959 which is also having over-riding effect. Thus, holding that the transfer from the tribal to non-tribal in 1338 Fasli was contrary to the relevant Regulation. Accordingly, passed orders holding that the transfer of scheduled lands and their possession by the petitioners was contrary to 1959 Regulation and directed their eviction by an Order dated 27-12-1978.