G VARALAKSHMI Vs. SECRETARY TO GOVERNMENT SOCIAL WELFARE

JUDGEMENT

(1.) In this Writ Petition, petitioner is questioning G.O.Ms. No. 73 Social Welfare (LTR. 1) Department dt. 22-7-2002 issued by 1st respondent on the ground that it is contrary to the provisions of Section 7 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation No. 1 of 1959) (for short, 'the Regulation') apart from being illegal and arbitrary and prays to set it aside. He also seeks a declaration that the petitioner is the lawful owner of lands in Sy. Nos. 79, 82/1, 82/2, F83 and 84/3 admeasuring Ac. 20-50 cents situated at Itukulakunta village, Polavaram Mandal, West Godavari District (for short, 'the subject lands'). The subject lands originally belonged to one Sanyasi Nagulu, a member of the Scheduled Tribe community. Under a registered sale deed dt. 31-10-1938, he sold it to another member of the said community by name Kovvasu Parvathamma. On her death, Kowasu Pottaiah, her son, allegedly sold the land to one Punem Singayya, also a member of the Scheduled Tribe community, under a registered sale deed dt. 08-08-1963. Under Section 3(1) (i) of the Regulation as it stood then, the Governor of the State of Andhra Pradesh accorded sanction for the sale of this land in favor of the petitioner, a non-tribal vide G.O. Ms. No. 2285 (Education) dt. 15-11-1967. Thereafter, Punem Singayya executed a registered sale deed dt. 06-12-1967 in favor of the petitioner.

(2.) While so, the Special Deputy Tahsildar, Tribal Welfare No. II, Eluru filed a complaint in 1980 under Section 3(2)(a) of the Regulation No. 1/1959 as amended by Regulation 1/1970 contending that the land belongs to Kowasu Polamma, wife of Kowasu Pottaiah; that she belongs to the Scheduled Tribe community; that the petitioner, a non-tribal, is in possession and enjoyment of the subject lands; that Punem Singayya, although a member of the Schedule Tribe community, was a farm servant of the petitioner; the sale under registered sale deed dt. 08-08-1963 in favor of Punem Singayya by Koovvasu Pottaiah is a benami transaction and Punem Singayya was a benamidar for petitioner; no consideration was paid to Kowasu Pottaiah and therefore, possession of the land should be restored to Kowasu Polamma after evicting petitioner and her husband from the land.

(3.) This complaint was numbered as S.R. No. 219 of 1980 by the then Special Deputy Collector, Tribal Welfare, Eluru. He issued notices to petitioner, her husband and Pottaiah. In the said proceeding, petitioner and her husband participated, filed a written statement and contended that Singayya had sold lands to her after obtaining permission from the Government after receiving full consideration; and that the transaction under sale deed dt. 06-12-1967 in her favor was valid and genuine. The Special Deputy Collector, Tribal Welfare, Eluru also examined Kowasu Polamma, wife of Pottaiah, who stated that the petitioner's husband dispossessed her and her son from the subject land after the death of her husband stating that they gave money to her husband for the lands and threatening them not to enter into the land. She stated that her husband never told her that he sold away the land and that she has been putting petitions about the injustice done to her family, but no action was taken. She also stated that her husband had not sold the land to Singayya, who is a farm servant of the petitioner and her husband. The husband of the petitioner was examined as R.W. I and the petitioner herself was examined as R.W. 2. Singayya was examined as R.W. 3, and the village Karanam was also examined in the said enquiry.