ROYALA GOPAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition for a writ of certiorari to quash the order passed by the Government in a revision filed by the petitioner.

(2.) The petitioner is a resident of Yatalakunta village in Kothagudem taluk of Khammam district. He is a non-tribal residing within the scheduled area of the Telangana region. The case of the petitioner is as follows:

(3.) The petitioner purchased wet land measuring Ac. 2-01 gunta in Survey Nos.42 and 43/A of Yatalakunta village from one Vooka Somappa s/o. Yerrappa. The sale transaction took place on 5th April, 1960. Somappa and his brother Mutyalu executed an agreement of sale and delivered possession of the land to the petitioner on 5th April, 1960. The petitioner was in possession and enjoyment of the land ever since. He reclaimed the land and improved the same at considerable expense. Vooka Somappa who transferred the land to the petitioner is no doubt a member of the scheduled tribe but on the day when the sale transaction took place, there was no law prohibiting the -transfer of immovable property by a member of the scheduled tribe to a non-tribal. The Special Deputy Collector ( Tribal Welfare) at Polanche erroneously passed orders of eviction under sub-section (1) of section 3 of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959, holding that the petitioner was in illegal possession of the scheduled land. The petitioner preferred an appeal against the order of the Special Deputy Collector before the Agent to the Government and the Agent also dismissed the appeal on an erroneous view. When the petitioner preferred a revision against the order of eviction before the Government, the Government also dismissed the revision without applying its mind to the facts or the law governing the case.