The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.28583 of 2007 Between: Sunkara Varalakshmi …Petitioner and 1.The Special Deputy Tahsildar, Tribal Welfare, Devipatnam Mandal, East Godavari District and 2 others. …Respondents The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.28583 of 2007 Order: This Writ Petition is filed seeking a writ of Mandamus declaring the action of the respondents in taking steps for eviction of the petitioner from the lands admeasuring Hec.0.61, 0.88 and 1.81 cents in Survey Nos.48/2, 49/1 and 50 respectively situated at Toyyeru Village, Devipatnam Mandal, East Godavari District, as illegal and arbitrary, and consequently to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s lands without following due process of law. In the affidavit, filed in support of the Writ Petition, it is stated that the above said lands were gifted to the petitioner by one Sunkara Chandramma vide Document No.1813, dated 29-10-1956, and subsequently, proceedings were initiated under the provisions of the Andhra Pradesh Scheduled areas Ryotwari Settlement Regulations 1970 (Reg.2/1970) (for short ‘the Regulation’), and the Settlement Officer, Rajahmundry, has passed order dated 31-01-1976 in Case No.1258 allowing the claim of the petitioner to grant Ryotwari Pattas for the lands in question in her favour. The grievance of the petitioner is that although the said order has become final, the respondents- authorities are taking steps for her eviction from the said lands, merely on the grounds that they are situated in the scheduled area and the petitioner, being a non-tribal, should not possess any lands in the scheduled area. Heard the learned Counsel appearing for the parties. Perused the entire material available on record. To substantiate her claim, the petitioner has filed a copy of the order dated 31-01-1976 passed by the settlement officer, Rajahmundry in Case No.1258, whereby her claim to grant Ryotwari patta for the lands in question was allowed. If the lands in question are situated in the scheduled area or if the transfer of the said lands is illegal, before taking any steps for eviction, the petitioner has to be put on notice and the matter has to be, necessarily, enquired into by the authorities concerned under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1/59 and amendment vide Regulation 1/1970. In the absence of any such notice, the petitioner cannot be evicted from the lands in question. In that view of the matter, the Writ Petition is disposed of directing the respondents-authorities not to evict the petitioner from the lands admeasuring Hec.0.61, 0.88 and 1.81 cents covered by Survey Nos.48/2, 49/1 and 50 respectively situated at Toyyeru Village, Devipatnam Mandal, East Godavari District, without following the due process of law. It is also made clear that if the transfer of the said lands is in contravention of any of the Regulation, it is open for the respondents-authorities to initiate appropriate proceedings and enquire into the same by issuing notice to the petitioner. It is further made clear that if any eviction order is passed under any law, it is open for the respondents to take steps in accordance with the same. There shall be no order as to costs. ___________________ (R.Subhash Reddy, J) 17th January, 2008 lur