JAVVADI SAMBA MURTHY Vs. AGENT TO THE GOVERNMENT EAST GODAVARI DIST AT KAKINADA

JUDGEMENT

(1.) The petitioner was granted a lease in respect of the land concerned herein viz., S. No. 52/3 of an extent of Ac. 1-28 hectares in Kovvilapalem village, Anigera Mutta, in she year 1957, by the Muttadar. The Muttas were abolished by the Andhra Pradesh Muttas (Abolition and conversion into Ryotwari) Regulation, 1969 being Regulation II of 1969, Sec. 5 ot this Regulation provides for grant of Ryotwari patta to a ryot. It would be appropriate to set out the Section in full.

(2.) After coming into force of the Regulation, proceedings were taken under the Act and a ryotwari patta was granted to the petitioner in respect of the land concerned herein under the proviso to Sec. 5. It is stated that an appeal was preferred by the Muttadar against this order, but was dismissed. Thus the order granting patta in favour of the petitioner under Regulation II of 1970 became final.

(3.) On the basis of a complaint made by the Special Deputy Tahsildar, Tribal Welfare. Addatigala, the Deputy Collector. Tribal Welfare, East Godavari District at Kokinada initiated proceedings under Section 3 of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959 against the petitioner in respect of the said land and finding that the petitioner's possession is void under Sec. 4 of the Aqency Tracts interest and Land Transfer Act, 1917, directed the petitioner's eviction and restoration of land to the 3rd respondent in the writ petition. Against the orders of the Special Deputy Collector, the petitioner filed an appeal before the Agent to the Government, Kakinada who confirmed the orders of the Special Deputy Collector aganist which the present writ petition is filed.