IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 27192 of 1996 Between: Sunna Venkateswarlu, President Tribal Samakya and 3 others, R/o. Dammapeta Mandal, Khammam District ..... PETITIONERS AND 1. The District Collector (Tribal Welfare), Khammam. 2. Veeraswamy, Mandal Revenue Officer, Sathupalli, Khammam District. 3. The Mandal Revenue Officer, Sathupalli, Khammam district. 4. The Secretary to Govt., Revenue Department, Govt., of Andhra Pradesh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an Order, direction, or a Writ, more particularly One in the nature of Writ of Mandamus directing the Respondents herein to produce the tampering of record ofrights books and Pattadar Pass Books of Malkaram and Gandugupalli Villages by the Respondent No. 2 with regard to issue of record rights to non-tribals in Schedule area and to pass such other Order or further rorders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Petition Counsel for Respondent No.1: Government Pleader for Social Welfare Counsel for the Respondent No.2 to 4: Government Pleader for Revenue The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy, J) Petition dated 28-11-1996 sent by the President, Tribal Samakya and three others on behalf of girijans of Dammapet Mandal, Khammam District addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh enclosing newspaper report has been taken up as a writ petition. As per the newspaper report dated 26-11-1996, transactions among the non-tribals and tribals in the scheduled area are illegal; that one Veera Swamy, Mandal Revenue Officer, Sathupalli colluded with the non-tribals for a consideration to a tune of Rs.40,00,000/-, tampered the records and pattadar passbooks and issued record of rights to non-tribals in the two villages of Malkaram and Gandugulapalli and, therefore, necessary enquiry may be caused into the illegalities committed by the said Mandal Revenue Officer and see that the said transactions will not be permitted in the tribal areas which is detrimental to the interests of the tribals. Collector and District Magistrate, Khammam District, the 1st respondent herein filed counter affidavit dated 7-10-2007 stating that necessary directions were issued to the Tahsildar, Dammapeta to verify the ROR records of Dammapeta Mandal pertaining to Malkaram and Gandugulapalli Villages for the year 1995-96. The Tahsildar who enquired into the matter with reference to ROR records submitted his report. As per the report, the said Veera Swamy who worked as Mandal Revenue Officer, Dammapet at the relevant time expired on 31-10-2001 and that Form –10 claims register of Malkaram Village shows that 46 claims were registered during the year 1996. Gandugulapalli is the hamlet of Nagupalli Revenue Village and out of total Form – 10 claims received in 1996 for Nagupalli Village, eight claims pertain to Gandugulapalli. The details of form - 10 claims of both the villages received during 1995-96 for regularization of sada sale deeds during the tenure of Veera Swamy were mentioned in the counter affidavit. It is stated that the said two villages were declared as scheduled areas covered by the provisions of Land Transfer Regulations 1959 as amended by Regulation 1 of 1970 and that the transactions of immovable property between the tribal and non-tribal were prohibited. As per enquiry, 49 cases have been noticed and necessary notices were served on the persons who violated the Scheduled Areas Land Transfer Regulations in tampering the records and also for transferring the lands which were prohibited as per Land Transfer Regulation 1 of 1959 read with Regulation 1 of 1970 and after hearing the parties who are likely to be affected, necessary orders would be passed. In view of the same, the 1st respondent is directed to monitor the disposal of the cases initiated for violation of the Land Transfer Regulations as per the list submitted in Rc.No. B/3891/2007 dated 17-1- 2008 of Tahsildar, Dammapeta and see that the above cases are disposed of before 31-8-2008 after following the procedure and after hearing the parties who are likely to be affected by any order to be passed in the cases registered against them and submit action taken report to the Registrar (Judicial) of this Court. The writ petition is accordingly disposed of. A. GOPAL REDDY, J NOOTY RAMAMOHANA RAO, J Dated: 19-02-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The District Collector (Tribal Welfare), Khammam. 2. Veeraswamy, Mandal Revenue Officer, Sathupalli, Khammam District. 3. The Mandal Revenue Officer, Sathupalli, Khammam district. 4. The Secretary to Govt., Revenue Department, Govt., of Andhra Pradesh, Hyderabad. 5. Two CCs to the Government Pleader for Social Welfare. 6. Two CCs to the Government Pleader for Revenue. 7. Two CD copies.