HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28058 of 2011 Date: 26.12.2011 Between: Dandabathula Someswara Rao ..... Petitioner And: The Special Deputy Collector (Tribal Welfare), Kota Ramachandrapuram, West Godavari District and two others. .....Respondents Counsel for the Petitioner: Sri P.R.K.Amarendra Kumar Counsel for Respondent Nos.1 & 2: AGP for Social Welfare Counsel for Respondent No.3: Sri G.Elisha Standing Counsel for Gram Panchayath The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in seeking to evict the petitioner from land admeasuring Ac.1-70 cents in Survey No.527/7 of Buttaigudem Village and Mandal, West Godavari District, as illegal, arbitrary and contrary to the provisions of A.P. Schedule Area Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970. I have heard Sri P.R.K.Amarendra Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Social Welfare representing respondent Nos.1 and 2 and Sri G.Elisha, learned Standing Counsel for Gram Panchayath, representing respondent No.3. The petitioner claims to be the owner and possessor of the above-mentioned land, which was stated to have been purchased by his grandfather-Dandabathula Venkanna from one Chikala Ramakrishna and his brothers through registered document No.339/1939, dated 30.05.1939; that during the life time of his father, he has constructed a residential house in which the petitioner’s family have been residing. It is further pleaded that the application filed by the petitioner’s father for grant of settlement patta was rejected by the Settlement Officer, Kovvur, and that, in Appeal A.P.No.62 of 1981 filed by the petitioner’s father and others, the Director of Settlement by his order, dated 18.12.1995, set aside the order of the primary authority and remanded the case to the Settlement Officer for fresh enquiry; that in compliance of the direction in the said order, the Settlement Officer, Kovvur, conducted fresh enquiry in S.R.No.20 of 1996 in respect of the schedule land and other lands; that after the enquiry, the Settlement Officer passed order, dated 25.06.1997 allowing the petitioner’s claim under Regulation 2 of 1970; and that the said order has attained finality as no appeal was filed against the same. The petitioner further averred that a complaint was filed by the Special Deputy Tahsildar, Eluru, in S.R.Nos.232 and 250 of 1984, under Section 3(2)(a) of Regulation 1 of 1970; that after completion of the enquiry, the Special Deputy Collector (TW), Eluru, passed order, dated 30.04.1985, disallowing the complaint; and that, against the said order, no appeal was filed. The grievance of the petitioner is that on 10.10.2011, at about 10.30 am., respondent Nos.2 and 3 along with their subordinate officers came to the land in question, destroyed the fencing and warned him not to enter the land on the ground that it belongs to the Government. Feeling aggrieved by the said action, the present Writ Petition is filed. No counter-affidavits are filed by any of the respondents. The above-mentioned averments contained in the affidavit of the petitioner, thus, remained uncontroverted. As the order, dated 25.06.1997, passed by the Settlement Officer, Kovvur, has attained finality and the petitioner holds the order for grant of settlement patta passed by the competent authority, the respondents cannot interfere with the petitioner’s possession and enjoyment over the land in question. Unless a fresh cause of action arises, no proceedings against the petitioner can be initiated for dispossessing him from the land in question. Subject to the above observations, the Writ Petition is allowed. As a sequel to disposal of the Writ Petition, W.P.M.P.No.34616 of 2011 filed by the petitioner for interim relief is disposed of and W.V.M.P.No.4171 of 2011 is dismissed. __________________________ C.V.NAGARJUNA REDDY, J 26th December 2011 DR