S VENKATA RAMANAIAH Vs. DEPUTY COLLECTOR TRIBAL WELFARE ELWINPETA PARVATHIPURAM TALUK: SRIKAKULAM DISTRICT

JUDGEMENT

(1.) THE two petitioners question in this writ petition the order of the Deputy Collector, Tribal Welfare, Elwinpeta and the order of the Agent to the Governor, Srikakulam, affirming the order of the Deputy Collector. The records placed before the Assistant Agent and the Agent show that the land in question was pur- chased from a non-tribal by name Payyala Appanna, under a registered deed of sale of the year 1919. Pursuant to the registered deed of sale, the names of the purchasers were also entered in the survey and settlement register. The Assistant Agent and the Agent to the Governor purporting to act under the Andhra Pracesh Scheduled Areas Land Transfer Regulation have passed an order ejecting the petitioners from the lands. They gave a direction that the land 'should be dealt with under the assignment rules. Section 3 C2) (a) of the Andhra Pradesh Soheled Area Land Transfer Regulation gives jurisdiction to the authorities to eject the persons in possession of the property if they claim to be in possession of the property or if they are in possession under a transfer which is null and void under the provisions of section 3(1) of the Regulation. In order that a sale may become mill and void under the provisions of section 3 (1) of the Regulation the sale has to be subsequent to 1959 The present sale was long prior to 1959 and therefore the Land Transfer Regulation has no application. It was apparently thought that the sale was in contravention of the Agency Tracts Interests and Land Transfer Act, 1917. Under section 4 of that Act, what was prohibited was transfer of immovable property by a member of a hill tribe. It is a case of transfer of immoveable property by a non-tribal. Section 4 of Act 1917 also has no application.

(2.) THE writ petition is therefore allowed and the orders of the Deputy Collector and the Collector are quashed. There will be no order as to costs. Advocates' fee Rs. 100/-.