S LASHMAN RAO Vs. TRIBAL WELFARE DEPARTMENT

JUDGEMENT

(1.) This Writ Petition is filed challenging the order of the first respondent in G.O.Ms.No.28, Social Welfare (LTR.2) Department, dated 09.05.2007, dispossessing the petitioners from the lands in an extent of Ac.53-00 cents in Sub-division Nos.3/3, 6/2, 7/1, 8/1, 8/3, 4/3, 6/3, 7/3, 8/1, 9/1, 9/2, 9/3, 10/3, 12 and 3/2 part of Katchuluru Village, R.Chodavaram Mandal, East Godavari District.

(2.) It is the case of the petitioners that originally the subject lands belong to them and they have been in possession and enjoyment of the same from their forefathers since 1904. The subject lands were part of Veeravaram-B-Jameen Estate which is joint property under the possession and enjoyment of landholder K.Peeraju and his shareholder N.Neeladri Raju between 1904-1949. The said shareholders obtained a partition decree dated 04.02.1948 in O.S.No.67 of 1947 on the file of the Court of Additional Subordinate Judge, Rajahmundry. The then Agent to the Government, East Godavari District, authorized the Sub-Collector, Rajahmundry under Section 54 of CPC by giving prior permission to effect the partition of said estate lands. By order dated 04.02.1949, the said estate was divided into two shares as per the compromise partition dated 09.08.1948. The pattas so far assigned by the landholders for their respective shares were recognized and the share of K.Peeraju was formed the Manthura Estate Lands. Subsequently, K.Peeraju put his wife Smt.K.Mahalakshmamma in possession of the said pattas in the said estate and she continued to be in possession of the said lands. While so, in the year 1965, the father of the first petitioner along with his six brothers jointly purchased the subject lands under a registered sale deed dated 31.08.1965. It is the specific case of the petitioners that their sale transaction would not hit by the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (for short, Regulation 1 of 1959) as amended by Regulation I of 1970 (for short, Regulation 1 to 1970).

(3.) Subsequently, the father of the first petitioner and his six brothers approached the Settlement Officer, Rajahmundry, for grant of ryothwari pattas. While the Settlement Officer was conducting enquiry, Neram Challayya and others approached him and claimed that the subject lands belong to them. The Settlement Officer, after enquiry, by order dated 30.06.1978 allowed the claim of father of the first petitioner and his brothers and rejected the claim of Neram Challayya and others. The said order was carried in appeal before the Commissioner of Survey and Settlement, who by order dated 20.09.1983, dismissed the same. In the meantime, Neram Challayya and others filed LTR.PI.Nos.365/1976 and batch before the Deputy Collector (Tribal Welfare), East Godavari District at Kakinada under the provisions of the Regulation 1 of 1959 and the Deputy Collector, by order dated 17.04.1979, directed the Special Deputy Tahsildar, Tribunal Welfare, to put the subject lands in possession of Neram Challayya and others by removing any other person in occupation of the same. Pursuant to the said order, the father of the first petitioner and others were evicted from the subject lands. Challenging the said order, the father of the first petitioner and others filed CMA.Nos.65 to 72 and 125 to 131 of 1979 before the Agent to Government, East Godavari District at Kakinada, who dismissed the same by order dated 20.04.1981. Challenging the same, a revision was preferred before the first respondent on 18.07.1996. In the meantime, Neram Challayya and others filed an appeal before the Director of Settlements, Hyderabad, as against the order of the Commissioner of Survey and Settlement dated 20.09.1983. The Director of Settlements, Hyderabad, by order dated 21.11.1981, dismissed the said appeal. Aggrieved by the same, Neram Challayya and others filed W.P.No.12257 of 1984 and this Court, by order dated 08.10.1986, dismissed the same. Aggrieved by the same, they filed W.A.No.133 of 1987 and a Division Bench of this Court, by order dated 02.04.1993, remanded the matter to the Government with a direction that if the claim of the father of the first petitioner and his brothers that the transfer of subject lands is not hit by Section 3 of Regulation 1 of 1959 and they are entitled to grant of patta, consider the same along with their revision petition pending before it. Pursuant to the same, the Government vide G.O.Ms.No.28, Social Welfare (LTR.2) Department, dated 09.05.2007, dismissed the revision filed by the father of the first petitioner and his brothers and confirmed the order of the Agent to the Government dated 20.04.1981.