V SORNALAMMA Vs. DEPUTY COLLECTOR TRIBAL WELFARE RAMPACHODAVARAM

JUDGEMENT

(1.) When these matters came up before a Division Bench of this Court consisting of Sardar Ali Khan and M. N. Rao, JJ. a Judgement in W.P. No. 13673 of 1984 dt. 6-3-1990 was brought to the notice of the learned Judges, wherein in similar circumstances, the learned Judges directed the authorities to restore the land to the non-tribal transferor on the basis of Sub-Section (2) of Section 3 of Regulation I of 1959 as amended (herein after referred to as "Regulation I of 1959"). In fact, B. P. Jeevan Reddy and Syed Shah Mohammed Quadri, JJ. took a similar view in W.P. No. 9692 of 1986 dated 28-11-1989. Sardar Ali Khan and M. N. Rao, JJ. were of the opinion that the matters are eminently suitable to be decided by a Full Bench and accordingly directed the papers to be placed before the Hon'ble The Chief Justice for obtaining suitable orders in the matter. After obtaining suitable orders, the matters are referred to us and that is how these matters have come up before us.

(2.) The point referred to this Full Bench for decision is as under :

(3.) In Writ Appeal No. 78 of 1991, a non-tribal sold an extent of Ac. 1-40 cents in the Scheduled Area to the appellant (transferee) under a sale deed dated 17-10-1973. Proceedings were taken by the competent authorities for his ejectment from the said property under the provisions of Regulation I of 1959 and orders were also passed to that effect. Questioning the final order, writ petition was filed by him and on its dismissal, present writ appeal was filed.