To
Vijaya Krishnan,
Collector,
Anakapalle district.
Sir,
Ref: Complaint No. 1200/202/B2/LOK/7628/2023/Date:09-08-2023 of the Hon’ble Lokayukta of Andhra Pradesh, Kurnool.
- The stance taken by you in your report to the Lokayukta in the matter of the complaint brought forth by the Particularly Vulnerable Tribal Group (PVTG) Adivasis of Kothaveedhi village in Konam Revenue, Cheedikada mandal, under your jurisdiction, is regrettable.
- Kothaveedhi village is located in revenue Survey No. 289. The land in this survey number is being cultivated by Kondh Adivasi families of Kothaveedhi and Konda Dora Adivasis of neighbouring village Gunti. A team of the Human Rights Forum (HRF) visited Kothaveedhi and Gunti on 30-08-2022. We have submitted our observations on the issue to the Anakapalli District Collector on 11-09-2022 (copy attached).
- Our fact-finding revealed that the Adivasis are cultivating the land and that there is a settlement village on the same land with resident Adivasi families. We also identified the cashew, mango, teak and other trees raised by them. Based on the age of the trees it can be determined that the Adivasis are in possession of the land and were in settled cultivation since long. We have mentioned this in our submission to the then District Collector.
- We do not wish to delve into all aspects contained in your reply to the Lokayukta but feel that the paragraph (given below) is completely contrary to and against governmental directives, the regular practices of the Revenue Department and the interests of the Adivasis. It is deeply unfortunate that you have taken such a stand against Adivasis in your report. The paragraph we refer to is as below:

The RDO, Narsipatnam has reported that, even if presumed that, the tribal people are in possession of the land, unless and until it is shown that their possession is legal valid
by way of consent/permission/a piece of evidentiary document (either registered or unregistered paper) obtained from the owners of the land, their possession cannot be
recognised and their claim from recording the possession of the subject land in their favour in revenue records/Web land cannot be considered. However, the Tribal people
who are said to be in possession of the lands, are at liberty to approach Civil Court for their remedy i.e, declaration of title by virtue of adverse possession vis-a-vis with
substantial evidence
This paragraph that has been included in your report to the Lokayukta, is taken verbatim from the Narsipatnam RDO’s report.
5) Are we to understand from this that Adivasis who have been in cultivation and possession of the land since decades will not be recognised as being in settled cultivation and it will not be possible to register them as cultivators in the relevant Adangal Nos 3, 13 columns unless and until they produce written documents? If this were true, then
it would mean that not just in Anakapalli district but also in the entire State, Adivasis who have been in settled cultivation over decades but cannot produce written documents will not have their names registered and will therefore have to approach civil courts! We believe this kind of an approach is dangerous and works against the interests and wellbeing of Adivasis. If you as District Collector support such an argument, this retrograde approach will be emulated by all officials in the district to the detriment of the rights and livelihood of Adivasis.
6) All that is required to determine whether there is settled cultivation of the Adivasis at Kothaveedhi is to speak with farmers resident in the area and obtain requisite evidence. Panchnama can be conducted to establish whether the Adivasis are in settled cultivation or not. The circular issued by the Chief Commission of Land Administration (CCLA) has stated this clearly. A copy of this circular is attached.
7) From what the Adivasis are saying, we gather that the present Administrative Officer in the Collectorate was in the past the Cheedikada Tahsildar. She has never on any occasion got a Panchnama conducted as was expressly called for by the CCLA.
8) According to the Adivasis, though the former Revenue Divisional Officer Sri Jairam had visited Kothaveedhi village twice, he has not stated in his reports, in spite of clear evidence, that Survey No 289 is in the village and that the Adivasis are in settled cultivation.
9) It ought to be obvious to you that an approach insisting that the Adivasis submit documentary evidence if their settled cultivation is to be recognised will foreclose the opportunity for Adivasis to obtain justice.
10) The CCLA, the Director of Tribal Welfare Department and Project Officer of ITDA have in writing urged that an Enjoyment Survey be done in Survey No. 289 and a report submitted to them. We understand that these directions have not been adhered to because the Adivasis lack requisite documentary evidence.
11) It is highly regrettable that the Revenue Department, endowed with the mandate to protect the Adivasis and prevent depredations of a land mafia hell-bent on stealing these lands and selling them in the real estate market thereby undermining the rights of Adivasis, has adopted such a position.
12) The HRF calls for an enjoyment survey to be conducted without further delay, determine who the actual cultivators are and the information be placed before the Lokayukta, CCLA and Director, Tribal Welfare.
13) Since the land is in possession of and is being cultivated by Kondh and Konda Dora Adivasis, we demand that the ITDA Project Officer be appointed the inquiry officer.
14) Appointing the PO, ITDA as the inquiry officer will be a sound decision in all respects, given that the State government has clarified that the Paderu ITDA will continue to be the ITDA for the Adivasis resident in the erstwhile Visakhapatnam district, though Kothaveedhi is presently located in the newly created Anakapalli district. 15.The Lokayukta hearing in this case is slated to be held soon. We sincerely hope you will incorporate these changes to the reply filed by you before the Ombudsman.
Yours truly,
Y Rajesh – HRF AP State general secretary
VS Krishna – HRF AP&TS Coordination Committee member
10-01-2025,
Anakapalli.