LAWS(APH)-1999-8-37

GANGAVATH SAMYA Vs. MANDAL REVENUE OFFICER KHAMMAM

Decided On August 23, 1999
GANGAVATH SAMYA Appellant
V/S
MANDAL REVENUE OFFICER, KHAMMAM Respondents

JUDGEMENT

(1.) The petitioner herein is a tribal. His father was the owner of the land bearing Survey No.31/AA measuring two acres situated at Chandragiri Revenue Village of Garla Mandalam which admittedly forms part of agency area. The petitioner's father has entered into an agreement of sale of the said land in favour of Podesetty Gopiah who is a non-tribal on 28-7-1979. As sale of land in agency area in favour of a non-tribal is illegal, respondent No.2 the Revenue Divisional Officer proceeded suo moto under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation for evicting the purchaser. Accordingly, under Section 3(2)(a) of the said regulations, the ejectment order was passed against the said purchaser.

(2.) The petitioner claims that the purchaser from the petitioner's father had delivered back the possession of the land to the petitioner and that he has been in possession of the land and that the respondents-revenue authorities were trying to interfere with his possession. It is under these circumstances, the petitioner filed this petition under Article 226 of the Constitution of India for a direction restraining the respondents from interfering with the possession of the petitioner over the land in question.

(3.) On behalf of the respondents, a counter-affidavit has been filed by the Mandal Revenue Officer, Garla Mandal, Khammam District. It is admitted that the petitioner's father was having Ac.10.27 guntas of dry land in Survey No.31/AA in Chandragiri Revenue Village of Garla Mandal. It is stated that it is not correct to say that the petitioner was in possession of only two acres of land but his family was in possession of Ac.10.27 guntas of the land. In para 4 of the counter affidavit, Podisetti Gopaiah, the purchaser front the father of the petitioner, is shown to be in possession of 2 acres of land. It is admitted that in view of sale of the said 2 acres of land in Survey No.31/AA by the father of the petitioner in favour of a non-tribal proceedings were initiated before the Agency Divisional Officer, Kothagudem for recovery of the possession of the land from the non-tribal.