In this writ petition challenging the ejectment order under the A.P. Scheduled Areas Land Transfer Regulation, 1959, Justice G. Rohini held that no justifiable reason existed for judicial interference despite the petitioners' claim of prior purchase. The petition was dismissed.
The Writ Petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION NO.20254 OF 1997
DATED: 13-02-2007
Between :
1. Kavalkar Istari and another. … Petitioners
And
1. State of A.P., rep. By its Secretary to Govt., Social Welfare (F) Dept., at Secretariat, Hyderbad and 4 others. .. Respondents
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.20254 OF 1997
ORDER :
The petitioners herein claim to be the owners and possessors of the lands in Sy.Nos.58/A, 58/AA, 58/E and 58/EE of Kanargaon Village, Wankidi Mandal, Adilabad District, which are admittedly situated in agency tracts. The 3rd respondent – Special Deputy Collector (Tribal Welfare), Utnoor, Adilabad District after making due enquiry, by order dated 24-6-1993 declared that the possession of the petitioners in respect of the lands in question was in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959 and accordingly ordered their ejectment. Though the petitioners preferred an appeal, the same was dismissed by the 2nd respondent by order dated 28-2-1994. Even the Revision Petition preferred by the petitioners was dismissed by the 1st respondent. Hence, this writ petition seeking a declaration that the orders passed by the respondents 1 to 3 are arbitrary and illegal.
Though the petitioners contended that they have purchased the lands in question prior to enforcement of Regulation 1 of 1959 and as such the impugned orders are unsustainable, having regard to the concurrent findings of fact recorded by the respondents 1 to 3, I am unable to agree.
On a careful consideration of the entire material on record, absolutely no justifiable reason is made out warranting interference by this Court.
Accordingly, the Writ Petition is dismissed. No
costs.
_____________ G. ROHINI, J.
Dt. 13-02-2007 gbs
1 issue framed by the court
Whether a special deputy collector's order declaring petitioners' possession of occupied lands as a contravention of the Scheduled Areas Land Transfer Regulation and ordering their ejectment was arbit
1 provisions across 1 enactments
Kavalkar Istari and another
State of A.P., rep. By its Secretary to Govt., Social Welfare (F) Dept., at Secretariat, Hyderbad
Special Deputy Collector (Tribal Welfare), Utnoor, Adilabad District
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
