The minutes of the meeting on 'clashes between tribals and non-tribals of Busarajupally village held on 06-08-1996

The minutes of the Chief Minister's meeting on 06-08-1996 at 2.30 P.M. on clashes between tribals and non-tribals of Busarajupally village of Buttayagudem mandal, West Godavari District.

The following Ministers and officers among others, were present:

•  Sri A.Madhava Reddy

Minister for Home

•  Sri K.Vidyadhara Rao,

Minister for P.R. & R.d.

•  Sri G.Nagesh,

Minister for tribal welfare

•  Sri M.S.Raju, I.P.S.

D.G.P.

•  Sri S.Ray, I.A.S.,

Principal Secretary (SW)

•  Sri J.Rambabu, I.A.S.,

Principal Secretary (TW)

•  Sri G.Sudhir, I.A.S.,

Secretary (Revenue)

•  Sri K.Kamal Naidu, I.F.S.,

Principal C.C.F.

•  Sri N.Narayana Rao, I.A.S,

Commissioner, Survey & Settlements.

The meeting had detailed discussions on various issues related to the land dispute between tribalas and non-tribals that happed on August 5, 1996 at Busarajupally village, Buttayagudem mandal, West Godavari Dist. The various acts and rules being enforced in the Scheduled Areas and in West Godavari Dist. Were discussed. The joint report of collector and S.P., West Godavari , dated 6-8-1996 was also discussed.

After detailed discussions and considering the measures suggested in the joint report submitted by the Collector and S.P., West Godavari Dist., the following decisions were taken:

• It was decided to post an independent Settlement officer to finalise the pending settlement cases within six months: (Action : Rev.Department)

• To post a Spl. Grade Deputy Collector, as Project Officer, I.T.D.A., K.R.Puram: (Action : Rev. Dept.)

• to post an efficient Circle Inspector in the existing vacancy and post additional forces to prevent further clashes between tribals and non-tribals over land issues: (Action : D.G.P.)

• To take effective action in consultation with Additional Advocate General and the Government Pleader for expediting disposal of Writ Petitions pending relating to the application of LTR : (Actions S.W. Dept., Lad Dept.)

Further, the Government have decided to allow the Collector a free hand to deal with the situation in accordance with law and his best judgement so as to maintain harmony between the tribals and non-tribals.

CHIEF MINISTER.

Creation of post of Settlement officer in West Godavari district
GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Survey and Land Records Department - West Godavari District creation of the post of Settlement Officer in the rank of Deputy Collector on full time basis to dispose off the pending Settlement cases in the scheduled area of West Godavari Dist. - Orders - Issued.

Revenue (SS.I) Department
G.O. Ms. No. 661 Dated: 09-08-1996

Read the following:-

1. Minutes of the Review meeting in the Chambers of Chief Minister on 6-8-1996.
2. From the Commissioner, Settlement Survey and Land Records, Lr.Rc.No.G2/2620/96, dated 8-8-1996, addressed to the Principal Secretary to Government, Revenue Department.

***

ORDER:

In a review meeting dated 06-08-1996 held in the Chambers of Chief Minister among other things it has been decided to create a post of an independent settlement officer to finalise the pending settlement cases in the scheduled areas of West Godavari District within six months.

2. In the reference 2 nd read above, the Commissioner, Settlement Survey and land Records has sent proposals for creation of the post of Settlement Officer in the rank of Deputy Collector together with the supporting staff to dispose off the pending settlement cases for a period of six months.

3. In the circumstances explained by the Commissioner, Settlement Survey and Land Records in the reference 2 nd read above, Government after careful consideration, have decided to create a post of Settlement Officer in the rank of Deputy Collector for constituting a Settlement court at Kovur, West Godavari District for disposal of pending settlement cases for a period of six months from the date of assumption of charge by the Settlement officer. The supporting staff are to be drawn from the surplus cell maintained by the Collector, West Godavari District to the extent available.

4. The pay and Allowances of the Settlement Officer shall be debited to the Head of Account maintained by District Administration of West Godavari District.

5. This order issues with the concurrence of Finance and Planning (Fin.) Department, vide their U.O.No.5269/F9(P)/96, dated 8-8-1996.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

A.RAMA LAKSHMAN,

SECRETARY TO GOVERNMENT (SS)

To

The Commissioner, settlement Survey and Land Records, AP, Hyderabad .

The Director of Settlement Survey and Land records, A.P., Hyderabad .

Copy to the Collector, West Godavari D

Copy to the Accountant General, A.P. Hyderabad

Copy to the Director of Treasuries and Accounts, A.P., Hyderabad .

Copy to the District Treasury Officer, Eluru, West Godavari Dist.

Copy to the Finance and Planning (Fin) Department

Copy to the P.S. to Chief Minister.

Copy to the P.S. to (Revenue)

Copy to the P.S. to (Home)

Copy to the P.S. to (Tribal Welfare)

Copy to the P.S. to Panchayat Raj and Rural Development)

Copy to the Director of General Police, A.P., Hyderabad

Copy to the P.S. to Secretary, Revenue Department,

Copy to the P.S. to Secretary (SS), Revenue Department,

Copy to the Principal, C.F., A.P., Hyderabad

Copy to S.F/s.Cs.

// forwarded by order//

SECTION OFFICER

Petitions filed before Settlement Officer returned

Office of the Settlement Officer, Kovvur.

N.Dis. (A) 2/96 Dt. 07-10-1996.

RETURNED:

The petitions filed on 25-09-1996 before the Settlement Officer, Kovvur and the affidavit filed on 03-10-1996 by SAKT1 Organization represented by its Director are herewith returned for the following reasons:

l. (a) The petitions filed by the Petitioner do not satisfy the requirements of Sec.9 of Regulation II of 1970.

•  Under Sec.9(l) of the above Regulation the Settlement Officer has to enquire into the nature and history of all lands in respect of which a Ryotwari patta is claimed under Sec.7 and decide in respect of which land, the claim should be allowed and the persons who are entitled to Ryotwari pan a. Provided the claim for patta is not void under the law applicable to the Scheduled area.

2. As per the provisions laid down in the Regulation 2/70. Sec.9(2) prescribes the procedure to be followed by the Settlement Officer. The Settlement Officer is required to serve notices in the prescribed manner on all the persons interested in the grant of a Ryotwari patta and give them an opportunity to prove their case. Then only the Settlement officer can pass an order granting a patta or disallowing the claim. The person who claim title or possession to the land but not every interloper.

3. Under Sec.7 of the Regulation of 2/70 only Ryots in the scheduled area subject to the time limit mentioned in Regulation alone are entitled to a patta.

4. The SAKTI Organization is not a ryot in the scheduled area and the Settlement Officer's jurisdiction is very limited unlike the vast jurisdiction of the Hon'ble High Court, Andhra Pradesh, Hyderabad . The Settlement Officer is not expected to entertain and take cognizance of petitions of persons who are not ryots.

5. The above Regulation is not wide enough enabling the Settlement Officer to entertain public interest litigation.

6. The Government has got vast machinery for enquiring into the genuineness or otherwise of claims. There are several officers in Revenue Department as well as the Asst. Government Pleader to assist the court at the time of disposal of the matters. The Mandal Revenue Officer is shown as Respondent in all the claims before the settlement Officer. So the interests of tribals in respect of any land will be certainly protected by the M.R.O.

7. For the reasons mentioned above, the affidavit filed on 03-10-1996. in support of the locus standi does not establish the same.

8. Therefore the petitions filed by the SAK'I'I Organization and affidavit are herewith returned for want of jurisdiction and as not maintainable.

Sd/-

Settlement Officer.

KOVVUR.

To

The Director,

SAKTI Organization.

RAMPACHQDAVARAM,

East Godavari District.
// true copy //