VADDI VEERAIAH Vs. AGENT TO GOVERNMENT KHAMMAM

JUDGEMENT

(1.) This writ appeal is from the judgment of a learned single Judge dismissing the Writ Petition No. 16934 of 1988 filed by the appellant herein, who is a non-tribal, seeking a writ of certiorari to call for the records pertaining to the order passed by the Agent to Government, Khammam, in CMA No.12 of 1985 dated 25 October 1988 allowing the appeal filed by respondents 4 to 6, the legal representatives of the third respondent-tribal, setting aside the order passed by the Special Deputy Collector, Tribal Welfare, Paloncha, in Case No.247/79 dated 7-7-1983.

(2.) The appellant herein allegedly purchased one acre and twenty guntas of land covered by survey No.295/1 situated in Karivarigudem, Khammam District, for a consideration of rupees eight hundred from the third respondent, a tribal, on 3-5-1960 under an unregistered sale deed executed on a one rupee and fifty paise stamp paper. The village Karivarigudem is in a scheduled area governed by the provisions of the Fifth Schedule to the Constitution of India. The Special Deputy Collector issued notice to the appellant to show cause why the transaction should not be declared as null and void since the same was in breach of Regulation 3(1) of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 (hereinafter referred to as 'the LTR). The explanation submitted by the appellant, it appears, was to the effect that he purchased for a valid consideration before the LTR came into force. Accepting the same, the Special Deputy Collector dropped the proceedings by his order dated 7-7-1983. Aggrieved by that, the respondents 4 to 6, the legal representatives of the third respondent-tribal, preferred appeal, CMANo.12 of 1985, before the Agent to the Government, Khammam, who by his order dated 25-10-1988, allowed the same and set aside the transaction taking the view that the "revenue records disclose that the respondent (appellant herein) came into possession of the said land only in the year 1973-74. There is no cogent evidence to show that the respondent had purchased the said land prior to 1-12-1963" and, on that view, directed restoration of the land to the respondents 4 to 6 herein. It must be mentioned in this context that the LTR was made applicable, in the first instance, only in certain districts of Andhra Area but the same was extended to Telangana Area by Regulation 2 of 1963 with effect from 1-12-1963. Sub-sections (1) and (2) of Section 3 of the LTR read as follows:

(3.) In the writ petition filed by the appellant challenging the view taken by the appellate authority the learned single Judge expressed the view that the appellant had not acquired a valid title to the property and that he failed to establish that by a procedure known to law validly he purchased the land prior to 1-12-1963. Aggrieved by that present writ appeal was filed.