NOUNDRU VENKATA LAKSHMI VIJAYA KUMARI Vs. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, SOCIAL WELFARE (LTR

JUDGEMENT

(1.) Petitioner's mother, by name, Noundru Seethamma, claims to have purchased land to an extent of Acs.2.33 cents in Survey No.71/3 and an extent of Ac.1.68 cents in Survey No.72/1 (total Acs.4.01 cents) in Pothavaram Village, Koyyuru Mandal, Visakhapatnam, in the year 1975, from one Chamantula Ananda Rao, who belongs to Scheduled Tribe. The land is in an agency area.

(2.) Later, Ch. Ananda Rao filed a petition before the Special Deputy Collector (Tribal Welfare) complaining that husband of Noundru Seethamma was a non-tribal and the land should be restored to him, as per the provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation 1 of 1959) read with Regulation 1 of 1970. The said complaint was enquired into and having found no merit in the complaint and holding that the transaction was between two tribals, the Special Deputy Collector (Tribal Welfare) dismissed the complaint by order dated 30.10.1977.

(3.) Ch. Ananda Rao again filed a complaint in the year 1986 before the same authority seeking restoration of the subject land from Noundru Seethamma. The Special Deputy Collector, after enquiring into the matter, held that Ch. Ananda Rao mortgaged the property to Noundru Rama Murthy, a non-tribal, husband of Seethamma, and ordered for ejectment of Noundru Rama Murthy from the land, vide orders dated 09.10.1986 made in LTR Case No.269 of 1986. Accordingly, the land was restored to Ch. Ananda Rao on 22.03.1987.