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2001 Supreme(AP) 149

V.ESWARAIAH
Koppula Saramma – Appellant
Versus
Government Of A. P. , Social Welfare Department – Respondent


V. ESWARAIAH, J.

( 1 ) HEARD the learned Counsel "for the petitioner and the learned Government pleader for Revenue.

( 2 ) THE petitioner belongs to Harijan community and wife of one mr. K. Lazarus, who died in December 1988. A house-site was assigned to the husband of the petitioner on 3-8-1978 by the then Tahsildar, Bhadrachalam and the extent of the house-site was 3 cents bearing plot No. 139 at Bhadrachalam. Admittedly, the assigned land is situated in the scheduled area. As the site was assigned in favour of the husband of the petitioner, who is not a Scheduled Tribe, by the then tahsildar vide R. C. No. B-4/5160/77 dated 3-8-1978 contrary to Section 3 of the A. P. Scheduled Areas Land Transfer Regulation, 1959 (hereinafter referred to as the regulation ), the assignment was cancelled by the Sub-Collector, Bhadrachalam vide his proceedings No. C/1089/82 dated 18-10-1982. After the cancellation of the house-site patta, a notice under Section 7 of the Land Encroachment Act, 1905 (for short the Act ) has been issued by the then tahsildar, against which, the husband of the petitioner approached the Collector, who has initially granted stay, but subsequently vacated the same. The h









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