A person who has practised as an advocate for many years and has an income exceeding Rs. 1,800/- per annum cannot be considered a "landless poor person" entitled to the benefits of the Government Order.

Order :

(Per The Hon'ble Mr. Justice M.N. Rao)

This writ appeal is directed against the judgment of a learned single Judge of this Court in W.P. No. 3697 of 1982 dated 17-7-1987 dismissing the writ petition filed by the appellant herein seeking a writ of certiorari calling for the records relating to the order dated 28-1-1982 made in C.M.A. No. 58 of 1979 on the file of the Revenue Divisional Officer, Kothagudem, the 1st respondent herein, and to quash the same.

2. The appellant herein was a practising advocate and was a resident of Tenali; after practising for about 16 to 20 years he claimed to have moved to Jagannadhapuram village in Kothagudem taluk, a tribal area. He is a Mala by caste, a recognised Scheduled Caste. He occupied an extent of Ac. 8-10 cents of land in S. No. 626 of Jagannadhapuram village in 1966 and claimed that he had given up his practice in Tenali and settled on the occupied land and built a thatched house and has been living with his family members at that place. He was served with a notice dated 8-7-1979 under Section 7 of the A.P. Land Encroachment Act informing that he was in unauthorised occupation of the Government land and his objections were called for as to why he should not be evicted. His personal statement was recorded by the Tahsildar on 28-9-1979 and after considering the entire facts and circumstances, the Tahsildar rejected his plea on two grounds; (i) he was not a resident of Jagannadhapuram; (ii) he was not a landless poor as he practised at Tenali as an advocate for more than fifteen years. The appeal preferred against that order was dismissed by the 1st respondent herein in C.M.A. No. 58 of 1979.

3. Challenging the same, the appellant filed Writ Petition No. 3697 of 1982 which was dismissed by the learned Single Judge of this Court, taking the view that the order of the 1st respondent affirming the view taken by the Tahsildar does not suffer from any infirmity. Before the learned Single Judge two -certificates were filed as additional evidence - one issued by the Pastor of the Andhra Evangelical Luthern Church, Tenali dated 18-7-1982 and countersigned by the Tahsildar, Tenali to show that the appellant was a Christian Mala and the other issued by the Tahsildar, Tenali dated 14-8-1982 to the effect that the appellant does not own any lands in Tenali. The learned Single Judge after considering those two certificates expressed the view that they do not show that the appellant is a poor person. Aggrieved by that order the present writ appeal was filed.

4. The learned counsel for the appellant has strenuously urged that the appellant is in fact a landless poor person falling within the ambit of G.O.Ms. No. 971 Revenue (F) Department, Government of Andhra Pradesh, dated 7-10-1969 as amended by G.O.Ms. No. 4287 Revenue (B) Department, Government of Andhra Pradesh, dated 11-9-1980.

5. The only question that requires to be considered in this writ appeal is whether the appellant is not only landless but also a poor person and so should not be disturbed from the Government land which has been in his occupation.

6. Sub-para (ii) of paragraph 1 of G.O. Ms. No. 971 says that in the case of government lands in the Scheduled areas already encroached upon by non- Tribals, the following action shall be taken:

"(a) Persons other than landless poor shall be straightaway evicted from the lands occupied by them;

(b) Landless poor persons shall not be evicted from the lands under their 2occupation upto maximum extent of 2 1 / 2 acres wet 5 acres dry which limits shall apply inclusive of the dry lands if any, already owned by the encroachers unless and until such lands are needed for assignment to tribals."

7. Landless poor person is defined by an amendment issued in G.O.Ms.No.4287 dated 11-9-1980 which is in the following terms:

"Landless poor person is one who owns no land, or who owns not more than 2 1 / 2 acres (1,011715 hectares) of wet or 5 acres of dry (2.02430 hectares) of dry land, and who is an agricultural l