KOPPULA SARAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned Counsel "for the petitioner and the learned Government Pleader for Revenue.

(2.) The petitioner belongs to Harijan Community and wife of one Mr. K. Lazarus, who died in December 1988. A house-site was assigned to the husband of the petitioner on 3-8-1978 by the then Tahsildar, Bhadrachalam and the extent of the house-site was 3 cents bearing Plot No. 139 at Bhadrachalam. Admittedly, the assigned land is situated in the scheduled area. As the site was assigned in favour of the husband of the petitioner, who is not a Scheduled Tribe, by the then Tahsildar vide R.C.No. B-4/5160/77 dated 3-8-1978 contrary to Section 3 of the A.P. Scheduled Areas Land Transfer Regulation, 1959 (hereinafter referred to as the Regulation'), the assignment was cancelled by the Sub-Collector, Bhadrachalam vide his proceedings No. C/1089/82 dated 18-10-1982. After the cancellation of the house-site patta, a notice under Section 7 of the Land Encroachment Act, 1905 (for short 'the Act') has been issued by the then Tahsildar, against which, the husband of the petitioner approached the Collector, who has initially granted stay, but subsequently vacated the same. The husband of the petitioner preferred an appeal before the Government, and the Government also initially granted stay, but subsequently, vide its Memo No. 3005/C2/ 83-2 dated 22-2-1985, vacated the stay granted on 21-9-1983.

(3.) Questioning the action of the respondents in evicting the petitioner as per the provisions of Sections 7 and 6 of the Act, the petitioner filed this writ petition contending that the house-site assigned in favour of the husband of the petitioner is no more a vacant land and a house is constructed therein, and therefore, a house cannot be evicted under the Act and the Act has no application over the scheduled areas, and therefore, the action of the respondents is illegal and unsustainable.