THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.3534 of 2002 14.9.2009 Between: Manik Rao Rajanna and another … Petitioners and The District Collector, Khammam and another … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.3534 of 2002 ORDER: Two petitioners filed instant writ petition seeking writ of Mandamus directing respondents not to interfere with possession of petitioners in respect of land admeasuring Acs.3.85 in survey No.13/1 situated at Dosillapalli village of Cherla Mandal in Khammam District (petition schedule land). First petitioner is father of second petitioner. Manik Rao Ramulu, father of first petitioner, allegedly occupied petition schedule land. Some time in 1983, Settlement Officer suo motu initiated enquiry under Andhra Pradesh (Schedule Areas and Ryotwari Settlement) Regulation, 1970 (Regulation II of 1970) for grant of ryotwari patta. Ramulu appeared and participated in the enquiry. He gave a statement that he was in occupation of land from 1953 and that he was continuously in possession for more than eight years prior to notified date i.e., 01.7.1971. Settlement Officer by proceedings dated 11.5.1983 disallowed the claim and refused to grant ryotwari patta. Petitioners allege that Ramulu died some time in 1985 but they continued in possession. It is their case that as per Board Standing Orders (BSO) 15 (7), if a person not entitled for assignment is in occupation of the land and he is landless poor person, he cannot be dispossessed. However, second respondent allegedly came to the land and threatened petitioners directing them to vacate the land. Therefore present writ petition is filed. Respondents did not file counter affidavit. Learned Counsel for petitioners relies on BSO 15(7)(3) and submits that even if claim of predecessors of petitioners for grant of ryotwari under Regulation II of 1970 is rejected, they cannot be evicted, as they are landless poor persons. The submission cannot be accepted. BSO 15(7)(3) reads as under. BSO 15 (7) (3) Eviction of occupiers not eligible for assignment: (i) All occupiers of lands at the disposal of Government shall be evicted in the following cases: (a) If the occupier is not a landless poor person he shall be evicted from the entire occupation; and (b) In case an occupier is a landless poor person he shall be evicted from such excess extent if any, over and above the area under his occupation which together with the land, owned, by him would make up a total extent of 2½ acres of wet or 5 acres of dry land. There is no dispute that petition schedule land is situated in agency area. Therefore, non-tribals like petitioners cannot be assigned or permitted to occupy the land in agency area. In the considered opinion of this Court, BSO 15(7)(3), is therefore, has no application if the land is situated in agency area. Further, Section 15 of Regulation II of 1970 gives overriding effect to Regulation, and therefore, it shall prevail over BSO 15. Settlement Officer by proceedings dated 11.5.1983 is already decided that Ramulu, predecessor of petitioners, is not entitled for ryotwari patta as he failed to prove that he was in possession of land during crucial period prior to 01.7.1971. As the said order has become final, writ petition is misconceived. The writ petition is accordingly dismissed. No costs. ________________ (V.V.S.RAO,J) September , 2009 YS