IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 21007 of 2008 Between: Tumma Papireddy S/o. Pedda Guruvareddy Bayyaram Village & Post, Pinapaka Mandal, Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector (T.W), Bhadrachalam, Khammam District. 2 The Tahsildar, Manuguru, Khammam District. 3 Gaddam Dasaradham (Died), Smt. Gaddam Rajyalakshmi W/o. Laxminarayana Bayyaram Village & Post, Pinapaka Mandal, Khammam 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 call for the Special Deputy Collector (T.W), Bhadrachalam and to issue an appropriate Writ, order or direction more particularly in the nature of Certiorari to quash the order and decree in case No. 64/2008/MNGR dated 4-6-2008 passed by the Special Deputy Collector (T.W), Bhadrachalam as illegal, without jurisdiction, arbitrary and violative of principles of natural justice and to pass Counsel for the Petitioner: MR.R.KAMESWAR RAO Counsel for the Respondent Nos.1 and 2: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.21007 of 2008 ORDER: This writ petition has been ﬁled by Tumma Papireddy with a prayer to call for the records in Case No.64/2008/MNGR on the ﬁle of the Special Deputy Collector (Tribal Welfare), Bhadrachalam-the first respondent and to quash the same. The petitioner claims to be in possession of Ac.1.10 guntas of land in Survey No.853/109 situated in Ramanujavaram Revenue Village. He purchased the said land from Laxminarayana under a Sada sale deed, dated 22.06.1968. The Special Deputy Collector (Tribal Welfare), Paloncha on the report of the Special Deputy Tahsildar (Tribal Welfare), Paloncha registered Case No.959/93/MGR under the provisions of the Andhra Pradesh (Scheduled Area) Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970. After due enquiry, the Special Deputy Collector (Tribal Welfare), Bhadrachalam passed orders on 18.09.1993 dropping the proceedings. Thereafter, the petitioner received two notices from the Special Deputy Collector (Tribal Welfare), Bhadrachalam pertaining to LTR Case No.64/2008/MNGR. In one of the notices sent to him, dated 25.03.2008, he was required to appear before the Special Deputy Collector (Tribal Welfare), Bhadrachalam along with the documents in respect of Ac.1.10 guntas of land comprised in Survey No.853/109/E. In another notice dated 26.03.2008 he was asked to submit an explanation within 15 days from the date of service of notice. The petitioner engaged an Advocate viz., Sri Kodali Srinivasa Rao and handed over the earlier order passed by the ﬁrst respondent in the year 1993 and copy of the sale deed. The case was adjourned to 04.06.2008. His Advocate did not inform him of the result of the case. He again approached his Advocate in the ﬁrst week of September to know about the case. His Advocate went to the oﬃce of the ﬁrst respondent and came to know that orders have been passed in LTR Case No.64/2008/MNGR. He applied for the copy of the order on 05.09.2008 and received the same on 12.09.2008. He ﬁled the present writ petition contending that initiation of the proceedings in the year 2008 is impermissible since the proceedings in the year 1993 ended in his favour. When the writ petition came up for admission, the learned Government Pleader of Social Welfare received notice on behalf of respondents 1 and 2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader of Social Welfare appearing for respondents 1 and 2. The learned counsel appearing for the petitioner submits that the proceedings once initiated in respect of the land in possession of the petitioner ended in his favour, initiation of proceedings once again in respect of the same land is impermissible under the provisions of the Regulation. The fact remains that the petitioner was put on notice by the Special Deputy Collector (Tribal Welfare), Bhadrachalam in LTR Case No.64/2008/MNGR, but he did not choose to ﬁle his objections. Hence, the Special Deputy Collector (Tribal Welfare), Bhadrachalam proceeded to pass the impugned order after going through the documents produced before him. It is clearly indicated in the order passed in LTR Case No.64/2008/MNGR that aggrieved party can ﬁle an appeal to the Agent to the Government, Khammam, within a period of two months. The petitioner, despite receipt of notice, did not choose to ﬁle objections and allowed the Special Deputy Collector (Tribal Welfare), Bhadrachalam to adjudicate the matter basing on the material brought before him. At this distance of time, the only remedy available to the petitioner is to challenge the order, dated 04.06.2008, passed by the Special Deputy Collector (Tribal Welfare), Bhadrachalam in LTR Case No.64/2008/MNGR. The petitioner claimed that he received the copy of the impugned order on 12.09.2008. In that view of the matter, the writ petition is disposed of reserving liberty to the petitioner to ﬁle an appeal before the Agent to the Government, as provided under Section 3(a) of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 r/w Rule 8 of the Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969, within a period of four weeks from today. There shall be status quo existing as on this day for a period of four weeks. __________________________ B.SESHASAYANA REDDY, J Date: 25.09.2008 va