IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25773 of 2008 Between: Mukkum Satyanarayana, S/o. Late Sesagirirao, R/o. Kandrigagudem, H/o. Jeelugumilli Mandal, West Godavari District. ..... PETITIONER AND 1 The Special Deputy Collector (Tribal Welfare), Polavaram, West Godavari District. Eluru. 2 The Tahsildar, Jeelugumilli Mandal, West 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 may be pleased to issue a writ or order or direction in the nature of Writ of Mandamus declaring the action of the 1st respondent passing eviction orders vide S.R. No. 103/2001 dated 18-10-2006 against the 3rd party with regard to my land of Ac. 2.10 cents in R.S.No. 17/3 situated at Kandrikgudem (V) Jeelugimmilli (M) West Godavari District, is illegal, arbitrary, violation of principles of natural justice and offends article 300-A of constitution of India and consequentially directing the respondents not to dispossess the petitioner from the above mentioned land. Counsel for the Petitioner:MR.NARAM.NAGESWARA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25773 of 2008 ORDER: The petitioner approached this court and filed the present writ petition seeking a Writ of Mandamus declaring the action of the Special Deputy Collector (Tribal Welfare), Polavaram, West Godavari District, Eluru-1st respondent, passing eviction orders vide S.R.No.103/2001, dated 18-10- 2006, against the third party with regard to his land admeasuring Ac.2-10 cents in R.S.No.17/3 situated at Kandrigudem Village, Jeelugimilli Mandal, West Godavari District, as illegal and arbitrary and consequently to direct the respondents not to dispossess the petitioner from the land in question. It is the case of the petitioner that he is the absolute owner of the land admeasuring Ac.2-10 cents in R.S.No.17/3 situated at Kandrigudem Village, Jeelugimilli Mandal, West Godavari District. Originally, his grand father late Satyam was granted patta on 22-06-1941. After the death of his grand-father, his father was in possession of the said land and after the death of his father, he is in possession of the land in question. While so, on 10-11-2008, the 2nd respondent came to the land in question and threatened to dispossess him on the ground that the 1st respondent passed the eviction order, dated 18-10- 2006. According to him, he has nothing to do with the said order, as the said enquiry or order is against one Kundeti Venkanna and therefore, it does not bind him. It is further stated that had he been given an opportunity, he would have explained as to how he came into possession of the land in question. Admittedly, against the order passed under Section 3(2)(a) of the A.P. Scheduled Areas Land Transfer Regulation 1/59 as amended by 1/70, an appeal lies before the Agent to the Government. However, the learned counsel for the petitioner contended that as the petitioner is not a party to the proceedings of the 1st respondent, he cannot file appeal. Though the contention of the learned counsel for the petitioner appears to be true, but, however, having regard to the facts and circumstances of the case, this court feels just and proper to give liberty to the petitioner to file an appeal before the appellate authority questioning the order, dated 18-10-2006 in S.R.No.103 of 2001, passed by the 1st respondent and on such appeal being filed, the appellate authority can hear the parties and pass appropriate orders. Accordingly, this writ petition is disposed of at the stage of admission with a liberty to the petitioner to file an appeal before the appellate authority against the order, dated 18-10-2006 in S.R.No.103 of 2001, passed by the 1st respondent, within a period of four weeks from today and on such appeal being filed, the appellate authority may, after affording sufficient opportunity to all the concerned, decide the same within a period of four weeks thereafter. Till such time, the petitioner shall not be evicted from the land in question, if not already evicted. There shall be no order as to costs. ___________ 25-11-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}