MALOTH THIRIPI Vs. MALOTH RUKMINI

JUDGEMENT

(1.) C.R.P.Nos.1396, 1397, 2915, 3189, 3520, 4597, 4615, 4877, 4948, 4949, 5013, 5696, 5697, 5698, 5699, 5700 and 6225 of 2003; C.R.P. Nos.360, 500, 1512, 2766, 2972, 3784, 3868, 4212, 4752 and 4981 of 2004 and C.M.As. No.4127 and 4621 of 2004, C.R.P. No.5252 of 2002. Since the issue that arises for consideration in all these Cjvil Revision Petitions is one and the same, they are disposed of through a common order.

(2.) The controversy involved in all the revision petitions turns around the true interpretation of G.O.Ms. No.406, Home (Courts. A) Department, dated 27-6-1990. The brief facts, which necessitated to issue the said G.O., are as under: The State Government enacted the A.P. Scheduled Areas Land Transfer Regulation, 1 of 1959 (for short 'the Regulation'), as amended by Regulation 1 of 1970, to protect the rights of the scheduled tribes in the Agency areas. The transfer of immovable properties by a member of the scheduled tribe, without the previous sanction of the competent authority, is prohibited and any such transfer is treated as null and void. The properties in the Agency tracts, owned by a member of scheduled tribe, are not liable to be sold or attached in execution of any money decrees. Regulation 3 was amended by Regulation 1 of 1970, wherein the transfer of immovable properties between the non-tribal was also prohibited. Any suit against the member of the scheduled tribe, after the commencement of the Regulation, should be instituted only in the Court having jurisdiction overthe Agency tracts, as per Regulation 4.

(3.) Earlier to the enactment of the Regulations, the administration of civil justice in the Agency areas was conferred with the Agency Divisional Officer, who used to entertain the civil disputes under the Agency Rules, 1924 (for short 'the Rules'). The Government through G.O.Ms.No.406, dated 27-6-1990, transferred the administration of civiI justice from the Agency Divisional Officer to the Special Mobile Courts constituted, in the first instance, in each of the districts of Warangal, Medak, Karimnagar, Nizamabad, Mahabubnagar, Adilabad, Visakhapatnam, East Godavari and Khammam at its headquarters indicated therein. Insofar as Khammam district is concerned, a special Court was constituted at Bhadrachalam authorizing to administrate the civil justice in the scheduled areas of Khammam district. The G.O. reads as under: "The Government felt necessary to constitute Mobile Courts in some of the Districts to render instant and speedy justice to the people inhabiting in remote and interior areas as the present system of the Courts situated at the District or the Divisional Head Quarters, are found to be not accessible to these people and difficult for them to go to these Courts because of high expenditure involved which they cannot afford. Sanction is therefore accorded for establishing one Mobile Court in the first instance, in each of the Districts of Warangal, Karimnagar, Medak, Nizamabad, Mahabubnagar, Adilabad, Visakhapatnam, East Godavari and Khammam with head quarters indicated against each. <FRM>JUDGEMENT_650_ALT2_2006Html1.htm</FRM> The Government also sanction the creation of the following temporary posts for the period upto 28-2-1991 or till the need ceases whichever is earlier for each of the Mobile Courts in the districts of Warangal, Medak, Karimnagar, Nizamabad, Mahabubnagar and Adilabad. <FRM>JUDGEMENT_650_ALT2_2006Html2.htm</FRM> The Government also accord sanction for the creation of the following temporary posts for the period upto 28-2-1991 or till the need ceases whichever is earlier for each of the Mobile Courts in the Districts of Visakhapatnam, East Godavari and Khammam. <FRM>JUDGEMENT_650_ALT2_2006Html3.htm</FRM>