IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18864 of 2005 Between: Sri Kanakamedala Rama Koteswar Rao S/o. Rama Seshaiah, R/o. Sarapaka Village, Burgampahad mandal, Khammam District, ..... PETITIONER AND 1 The Mandal Revenue Officer, Burgampahad Mandal, Burgampahad, Khammam District, 2 Sri Irpa Krishna S/o. Not known to the petitioner, Khammam District, 3 Smt. P. Suryakala D/o. Ramachander Rao Khammam District, 4 Sri Pattaswamy Ramachandar Rao S/o. (Late) Satyanarayana, Khammam District, .....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 a writ, order or direction more in the nature of Mandamus declaring the orders passed by the Primary Authority in L.T.R. Case No. 71/94/BPD dt. 24-8-1994 and the orders passed by the Additional Agent to the Government and Project Oﬃcer, I.T.D.A. Bhadrachalam in C.M.A. No. 87/2003 dt. 2-7-2005 communicated to the petitioner on 22-8-2005 basing on the power conferred under Appellate Authority by G.O.Ms.No. 193 Revenue (Ser.I) Department, dt. 17-4-2005 is ultravires and contrary to the provisions of the Fifth Schedule to the Constitution of India and also the provisions of The Andhra Pradesh District Collector's Powers (Delegation) Act, 1961 and consequentially declare that the complaint ﬁled by the Respondent No.2 and the orders passed there-after by the authorities under A.P. Scheduled Areas Land Transfer Regulation 1/1959 R/w 1/1970 suﬀers from want of jurisdiction and not maintainable and to pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI P.V.RAMANA Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18864 of 2005 ORDER: On an application ﬁled by the second respondent, the Special Deputy Collector (Tribal Welfare), Palvoncha, conducted enquiry into LTR Case No.71/94/BPD. By an order dated 24.08.1994 the said Oﬃcer in exercise of powers conferred under Section 3(2)(a) of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation No.1 of 1970, ordered ejectment of the petitioner. The petitioner preferred an appeal before the Agent to the Government, which was transferred to Additional Agent and Project Oﬃcer, ITDA, Bhadrachalam, by virtue of the powers conferred on the Government on said Oﬃcers in G.O.Ms.No.193, dated 17.04.2002. The appellate authority dismissed the appeal of the petitioner on 02.07.2005 advising the petitioner to go in appeal/revision before the Government. The petitioner did not prefer revision but ﬁled the present Writ Petition challenging the power of the Additional Agent to Government as well as Government Order, which conferred such power. This Court while admitting the writ petition ordered status quo. First respondent ﬁled counter aﬃdavit and second respondent ﬁled W.V.M.P.No.818 of 2007. As the question raised in this writ petition is squarely covered by the Division Bench judgment of this Court in K.Lakshmaiah v Additional Agent to Government and PO, ITDA, Bhadrachalam[1], the matter is being disposed of at interlocutory stage. I n K.Lakshmaiah (supra) the challenge was to G.O.Ms.No.193, dated 17.04.2002. This Court rejected the challenge, but while disposing of similar type of cases gave liberty to the petitioners to prefer revision under Section 6 of Regulation No.1 of 1959 within a period of three weeks from the date of receipt of a copy of the said order. Following the above, while rejecting this writ petition insofar as the same is concerned with the challenge to G.O.Ms.No.193, this writ petition is disposed of giving liberty to the petitioner to prefer a revision to the Government within a period of three weeks from the date of receipt of a copy of this order. It shall also be open to the petitioner to obtain appropriate interim orders from the Government after ﬁling revision. Till he ﬁles a revision, there shall be status quo as on today. No costs. ____________ (V.V.S.RAO, J) 01.09.2008 Note: Issue C.C in one week. B/o. vs To 1 The Mandal Revenue Officer, Burgampahad Mandal, Burgampahad, Khammam District, 2 2CCs to G.P for Social Welfare, High Court of A.P., Hyderabad. 3 2CD copies Form-NIC-OGS/WP{VSMI} [1] 2008 (1) ALD 840 (DB)