IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14888 of 2002 Between: Uddagiri Raja Rao S/o Satyannarayana R/o Dippakayalapadu, Koyyalagudem Mandal, W.G.Distirct. ..... PETITIONER AND 1 The Agent to Government/District Collector Tribunal Welfare Eluru, W.G.Distirct. 2 The Special Deputy Collector Tribunal Welfare K.R.Puram. 3 Mandal Revenue Officer, Buttaigudem Mandal, W.G.Distirct. .....RESPONDENT(S) 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 to issue a order, direction, writ, more particularly one in the nature of Writ of MANDAMUS declared the action of the respondents in not comlying the orders of the S1.Dy.Collector (TW) K.R.Puram in S.R.No.777/90 dt: 10.9.1992 is illegal arbitrary and contrary to the provisions of AP.S.A.L.T. Reg.No.1/59 as amended by 1/70 and consequentionally directly respondents to allow the petitioner to cultivate is lands Counsel for the Petitioner:MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14888 of 2002 ORDER: It is the case of the petitioner that he and his brothers jointly in possession and enjoyment of the lands admeasuring Ac.0-93 cents in R.S.No.68 (part); Ac.180 cents in R.S.No.75 (part); Ac.1-93 cents in R.S.No.74/2 (part) and Ac.4-38 cents in R.S.No.76 situated at Koyarajahmundry Village, Buttaigudem Mandal, West Godavar District, having purchased the same from non-tribals through registered Sale Deed, dated 17-10-1967. It is stated that on a complaint filed by the Special Deputy Tahsildar (TW), K.R.Puram, alleging that the petitioner and others are in illegal possession and enjoyment of the lands in question belonged to the Tribals, the Special Deputy Collector (TW), K.R.Puram, through S.R.No.777 of 1990, dated 10-09-1992, dismissed the complaint holding that the petitioner and others have not violated the provisions of A.P.Scheduled Areas Land Transfer Regulation 1/59 as amended by Regulation 1/70. It is stated that the said order has become final, as no appeal has been filed against the said order. In spite of the said order, the 3rd respondent is illegally interfering with the peaceful possession and enjoyment of the petitioner in cultivating the lands in question. No counter has been filed rebutting the said allegations. If that be so, I am of the opinion that it is just and proper to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner in cultivating the lands in question, without following due process of law. Accordingly, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner in cultivating the lands in question, without following due process of law. There shall be no order as to costs. __________ 14-08-2008 Prv