TATIKONDA SADASHIV Vs. SPECIAL COMMISSIONER LAND REVENUE

JUDGEMENT

(1.) THE ancestors of the petitioner purchased an extent of about Ac. 33. 00 in various surveys numbers in Chirrakunta village of Asifabad Mandal, Adilabad district, some time during 1932. In the family partition, which is said to have taken place in the year 1954-55, about Ac. 11. 00 of that land fell to the share of the petitioner. In addition to that, he has succeeded to some more extents of land in other survey numbers, from his father and wife, who are said to have purchased the same from the tribals about 40 years ago.

(2.) PROCEEDINGS were initiated by the Special Deputy Collector, Tribal welfare, Hyderabad, against the petitioner under the provisions of the Andhra pradesh Scheduled Areas Land Transfer Regulation, 1959 (for short, 'the regulation') alleging that transfer of the lands in survey Nos. 248 and 260, admeasuring Ac. 22. 00 in his favour from the tribals, is illegal. He was required to submit an explanation, as to why, he shall not be ejected from the land. An explanation was accordingly submitted. Through his order, dated 18. 05. 1982, the authority took the view that the transfer took place much prior to 01. 12. 1963, the notified date under the Regulation and the proceedings cannot be continued. It was observed that if the entries made in favour of the petitioner or his father, in the revenue records are in any way improper, necessary steps can be initiated under the relevant provisions of law.

(3.) THE first respondent initiated suo motu proceedings under Section 166-B of the A. P (Telangana Area) Land Revenue Act,1951 (for short, 'the Act') against the father of the petitioner. A show cause notice, dated 01. 02. 1985, was issued alleging that the lands in question were held by the tribals and the transfer thereof is contrary to Rule 9 (b) and 10 of the A. P. (Telangana Area) Land revenue Rules, 1951 (for short, 'the Rules' ). Explanation was submitted denying the allegations.