Petitioners filed the instant writ petition seeking a writ of Certiorari to call for the records connected with the orders of the Government – fourth respondent herein; in G.O.Ms.No.102, dated 16.10.1999, as illegal, arbitrary and without jurisdiction, and consequently declare said proceedings as illegal and without authority. Be it noted by impugned order, the Government in exercise of their revisional powers under Section 6 of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation I of 1970 (the Regulation, for brevity), confirmed the order passed by the third respondent, namely, the District Collector and Agent to the Government, East Godavari District.

Petitioners are owners of land admeasuring Acs.50.00 in survey Nos.108/4 and 108/6 situated at Pidathamamidi village of Gangavaram Mandal in East Godavari District. They allege that their predecessors also purchased land admeasuring Acs.30.88 in survey No.102/1 and 102/3 of the same village, under two sale deeds dated 24.4.1968, executed in their favour by M/s.Nallamilli Suryanarayana Reddy, Nammamilli Seshayamma and Anasuyamma. Petitioner and their vendors are non-tribals. They allege that the vendors named hereinabove purchased the property from Smt.Ganga Bai and Smt.Kamala Bai under three registered sale deeds dated 06.8.1962, 06.8.1962 and 22.10.1962 respectively. These two persons appear to have purchased the land on 08.11.1952 from Varra Ayyappa Naidu under registered sale deeds and all of them were non-tribals. From 1968 onwards, petitioners are cultivating the land.

First respondent herein filed a complaint before the second respondent under Section 3(2) of the Regulation for restoration of the land to the Government alleging that the petitioners were in occupation of the land in contravention of Section 3(1)(a) of the Regulation. Petitioners opposed the same being LTRP No.655/79. They contended that the transfer of immovable property by non-tribals to non-tribals is prohibited by the Regulation only after Regulation I of 1970 came into force and as the transactions prior to that are not illegal. They also contended that even in Village Settlement Register in 1937, the names of non-tribals Narrala Veeranna and Varra Ayyappa Naidu were shown as occupants. On behalf of the petitioners, first petitioner herein gave deposition and Exs.R.1 to R.8, which are Xerox copies of the sale deeds referred to herein above, and Xerox copies of settlement fair adangal. After considering these documents, second respondent came to conclusion that the land was classified in the survey and settlement records as ‘Gayalu’ (Government poramboke land), that the name of Varra Ayyappa Naidu was subsequently interpolated and therefore the sale by Varra Ayyappa Naidu and subsequent sales are not valid as they are null and void under Section 3(1)(a) of the Regulation. For these reasons, second respondent ordered ejectment of the petitioners or their predecessors from the land in survey Nos.102/1 and 102/3. Insofar as the land in survey Nos.108/4 and 108/6 is concerned, second respondent having appreciated Ex.R.7 concluded that they are patta lands and therefore transfer of these lands by non-tribals in favour of non-tribals prior coming into force of Regulation I of 1970 is lawful. Aggrieved by the said order insofar as it went against them petitioners preferred CMA No.23 of 1995 before the third respondent, who dismissed the same on09.8.1996. As noticed supra, petitioners’ revision also dismissed by the Government.

A counter affidavit is filed by the Agent to the Government. While tracing the progress of the case filed by the first respondent before the second respondent till passing of the impugned order, it is alleged that the petitioners failed to produce patta of Varra Ayyappa Naidu as alleged and that as per survey and settlement register the land is registered as ‘Gayalu’. It is further alleged that pursuant to the orders of the second respondent