IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25452 of 2008 Between: Gaduturi Baburao, S/o. Late Prakasam, R/o. Yetipalli Village, Gangavaram Mandal, (Agency Area), East Godavari District. ..... PETITIONER AND 1 The Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District. 2 The Additional Agent to Government Rampachodavaram, East Godavari District. 3 The Tribal Welfare Department, Government of Andhra Pradesh, Rep. by its Secretary, Secretariat, Hyderabad. 4 The Tahsildar, Addateegala Mandal, East Godavari District. 5 Karanam Musulaiah, S/o. Sanyasayya, R/o. Venkatanagaram Village, Addateegala Mandal, East Godavari District. .....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 Writ of mandamus to declare the action of the Respondents in trying to take possession of PS land as mentioned in LTRP 32/2007 on the ﬁle of Respondent No.1 pending disposal of revision before Respondent NO.3 and consequently restrain the respondents from dispossessing the petitioner from PS land as mentioned in LTRP 32/2007 on the ﬁle of Respondent No.1 pending disposal of revision before Respondent No.3 and pass Counsel for the Petitioner:MRNVIJAY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORAL ORDER: According to the petitioner, his ancestors and there after he is cultivating the petition schedule property, but however, during his absence, the non-tribals encroached into the said property by producing some ﬁctitious unregistered sale documents. Coming to know about the said encroachment, the petitioner approached the Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District by ﬁling LTRP No. 32 of 2007. The Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District by an order dated 10.3.2008 ordered restoration of the petition schedule property to the petitioner. Questioning the said order passed by the Special Deputy Collector, Tribal Welfare, Rampachodavarm, who is arrayed as ﬁrst respondent herein, the 5th respondent ﬁled an appeal before the Additional Agent to Government Rampachodavarm, East Godavari District, second respondent herein. The second respondent while dismissing the said appeal ﬁled by the 5th respondent also gave a ﬁnding that the petitioner cannot be said to be the owner of the petition schedule property. As the said ﬁning is against the interest of the petitioner, he approached the Tribal Welfare Department-third respondent herein, and ﬁled a revision. But however, according to him, no orders have been passed till now. As there is threat of eviction by the Tahsildar, Addateegala Mandal-4th respondent herein, the petitioner approached this Court by way of filing this Writ Petition. Having heard the counsel for the petitioner and also the Assistant Government Pleader for Social Welfare, this court is of the view that this Writ Petition can be disposed of at the stage of admission with a direction to the third respondent to consider the revision petition ﬁled by the petitioner and pass appropriate orders. It is needless to observe that the third respondent shall issue notice to the 5th respondent also viz., Karanam Musulaiah S/o Sanyasayya, before deciding the said revision. Till the revision is disposed of, if the petitioner is in possession, his possession shall not be disturbed. Accordingly, the Writ Petition is disposed of. No order as to costs. _______________________________ GOPALA KRISHNA TAMADA, J Dt. 19.11.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District. 2 The Additional Agent to Government Rampachodavaram, East Godavari District. 3 The Tribal Welfare Department, Government of Andhra Pradesh, Rep. by its Secretary, Secretariat, Hyderabad. 4 The Tahsildar, Addateegala Mandal, East Godavari District. 5. CC to G.P. for Social Welfare, High Court of A.P., Hyderabad OUT 6. 2CD copies