IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE 10th DAY OF DECEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2331 OF 2005 Between: Pokala Darmayya … Petitioners And The Mandal Revenue Officer, Buttaigudem … Respondent This Court made the following: HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2331 OF 2005 ORDER: - This writ petition is filed seeking to issue a writ of Mandamus directing the respondent not to dispossess the petitioner from the land in an extent of Ac.3-85 cents in R.S.No.18/1 situated at Seetaramnagaram, Buttaigudem Mandal, West Godavari District. According to the petitioner, he is the owner, possessor and enjoyer of agricultural land in an extent of Ac.3-85 cents in R.S.No.18/1 of Seetaramnagaram, Buttaigudem Mandal. Originally the said land was acquired by non-tribal Darmala Tatayya and subsequently on 05.09.1969 the ancestors of the petitioner and himself purchased the said lands and are in possession and enjoyment of the same. The land is located in agency area. While that being so, the Special Deputy Collector initiated proceedings against the petitioner and two others on the complaint of Special Deputy Tahsildar and after enquiry gave a finding that the petitioner has not violated any provisions of L.T.R.Regulations, vide S.R.No.69 of 1997 of the Special Deputy Collector, dated 20.05.1997. While that being so, the respondent without verification of the records and without conducting any enquiry initiated eviction proceedings against non-tribals including the petitioner vide document No.993 of 1961. It is the case of the petitioner that he has purchased the land vide registered document No.935 of 1961 from non-tribal and there is no prohibition of transfer of land from non-tribal to non-tribal. While that being so, the petitioner sought to be evicted without there being any notice issued or without conducting any enquiry. The respondent has not filed any counter. Under those circumstances, without expressing any opinion on merits, the respondent is directed not to interfere with the peaceful possession and enjoyment of the land of the petitioner in survey No.18/1, admeasuring Ac.3-85 cents of Seetaramnagaram, Buttaiahgudem Mandal, West Godavari District, without following due process of law. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _______________ C.V.RAMULU, J December 10, 2010 lmv