The petitioner challenges the orders passed by the first respondent in G.O.Ms.No.54 Social Welfare (LTR.1) Department, dated 24.05.2001. The facts, that gave rise to the filing of the writ petition, are as under:

The petitioner is a resident of Dharbagudem Village of Jeelugumilli Mandal, West Godavari District, which is in scheduled area. The petitioner claims to have purchased an extent of Acs.10.00 of land in survey No.300 of that village from a non-tribal, by name Konakala Laxmikanthamma, under an agreement of sale, dated 15.11.1968.

Possession of the land is said to have been delivered to him and that about four years later, a sale deed was executed on 18.10.1972. The Special Deputy Tahsildar (Tribal Welfare-I) Eluru, submitted a complaint before the Special Deputy Collector (Tribal Welfare) K.R.Puram, West Godavari District, the fourth respondent herein, stating that the transaction in favour of the petitioner is contrary to the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959, as amended by Regulation 1 of 1970 (for short ‘the Regulations’). The complaint was taken up as S.R.No.419 of 1979 by the fourth respondent. The petitioner, his father by name Bamayya, their vendor Laxmikanthamma, Karnam of Dharbagudem Village Sri Venkatasarma, and Karnam of neighbouring village, by name Nageswar Rao etc., were examined as witnesses. It was pleaded that the entire consideration was paid and possession was delivered in the year 1968 itself and the sale deed was executed in the year 1972. The fourth respondent took the view that the agreement of sale is not genuine and that the actual sale has taken place only in the year 1972, much after the Regulations came into force. On that basis, he had directed resumption of the land in favour of the Government, through his order, dated 11.10.1980.

The petitioner filed an appeal before the Agent to the Government, West Godavari District, the second respondent herein, and the same was taken up as S.R.A.No.23 of 1981. The appeal was dismissed on 10.01.1983. In the revision preferred to the first respondent, an order was passed in G.O.Ms.No.87, Social Welfare (LTR) Department, dated 26.09.2000, almost dismissing the revision, for default. The petitioner filed an application before the first respondent for review of the order in G.O.Ms.No.87, dated 26.09.2000. The review was rejected, through the impugned order.

Sri K.Rambabu, the learned counsel appearing for Sri C.B.Rammohan Reddy, the learned counsel for the petitioner, submits that a transaction between two non-tribals in the scheduled area is, no doubt, prohibited under the Regulations, but in the instant case, it took place before the notified date. He contends that the vendor in the transaction as well as the Karnam of the village have supported the case of the petitioner and despite the same, the fourth respondent has taken a different view. The learned counsel submits that the appellate and the review authorities did not appreciate the matter from the correct perspective.

The learned Government Pleader for Tribal Welfare, on the other hand, submits that the petitioner pleaded the agreement of sale, dated 15.11.1968, only with a view to overcome the impact of the Regulations, which came into force in the year 1959. He contends that once the Regulations came into force, even a non-tribal is prohibited from selling the land in the scheduled area in favour of a non-tribal. He contends that the authorities, at every stage, have examined the matter with reference to the evidence on record and relevant provisions of law and that no interference is warranted.

The Regulations were enacted by the Governor of A.P., in exercise of powers under Schedule-V of the Constitution of India. Though the Regulations came into force on 04.03.1959, the clause prohibiting the transactions in the area in favour of any non-tribal was inserted through Regulation 1 of 1970 with effect from 03.02.1970. Any transaction in favo