IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8286 of 2001 Between: Rudra Raju Ramaraju S/o.Latchiraju R/o. Ganapavaram Village, Buttaigudem Mandal, W.G.District. ..... PETITIONER AND 1 The Dist. Collector (TW), W.G. District, Eluru. 2 The Special Deputy Collector (TW), K.R.Puram. 3 The Mandal Revenue Officer, Buttaigudem Mandal. .....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 order, direction, writ more particularly one in the nature of Writ of Mandamus declare the action of the respondents in interfering the possession and enjoyment of the petitioners land situated in R.S.No.363/8 an extent of Ac.3.51 cents of Ganapavaram Village , Buttaigudem Mandal, West Godavari District is illegal, arbitrary and contrary to A.P.S.A.L.T.Regulations 1/59 as amended by 1/70 and to pass Counsel for the Petitioner: MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: It is the case of the petitioner that he is a non-tribal and he has been in continues possession and enjoyment of the land to extent of Acs.3.51 cents situated in S.No.363/8 of Ganapavaram village, Buttaigudem Mandal, West Godavari District, which was situated in scheduled area. The said land was purchased by the father of the petitioner, namely, Latchiraju, through registered sale deed, dated 11.09.1968. It is stated that Regulation I/1970, came into force w.e.f. 3.02.1970 and therefore, there is no prohibition to purchase the said land and in fact there was an enquiry with regard to the legality and validity of the possession of the land by the petitioner. On a complaint made by the Special Deputy Tahsildar, Tribal Welfare-I, K.R.Puram, the Special Deputy Collector, Tribal Welfare, enquired into the matter under S.R.No.131 of 1994 and disallowed the claim of Special Deputy Tahsildar, Tribal Welfare seeking ejectment of the petitioner in respect of Acs.3.51 cents in S.No.363/8 (old S.No.131/94) of Ganapavaram Village, Buttaigudam Mandal, by order dated 20.02.1995. It is stated that aggrieved by the said order no one ﬁled any appeal and the said order has become ﬁnal. Thereafter, against the orders in S.R.No.131 of 1994 dated 20.02.1995 by the Special Deputy Collector, Tribal Welfare, disallowing the claim of the Special Deputy Tahsildar for ejectment of the petitioner from the land in question, similar proceedings have been initiated in S.R.No.11 of 2001, which was also disallowed, by order dated 28.03.2001 and the said order also has become ﬁnal. Since the claim petitions have not been dismissed, there cannot be any justiﬁcation on the part of the respondents in interfering with the peaceful possession and enjoyment of the petitioners without following due process of law. Learned counsel appearing for the petitioner submits that as per the decision of this Court in Banderu Seethamma v. District Collector, W.G. District, Eluru and another [1] and contended that once the claim of the concerned authority, i.e., the Special Deputy Tahsildar seeking ejectment of the petitioners was disallowed the authorities cannot be permitted to the take law in their own hands and disturb the possession of the petitioners. In the instant case, no counter has been ﬁled disputing the allegations made in the writ aﬃdavit. If the said orders of the Special Deputy Collector, Tribal Welfare, K.R.Puram, in S.R.No.131 of 1994 dated 20.02.1995 and S.R.No.11 of 2001 dated 28.03.2001 have not been set aside or cancelled or resented, the respondents cannot interfere with the peaceful possession and enjoyment of the petitioners over an extent of Ac.3.51 cents in S.No.363/8 situated at Ganapavaram Village, Buttaigudem Mandal, West Godavari District. Accordingly, the Writ Petition is allowed. No costs. __________________ (V. ESWARAIAH, J.) 31st July, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist. Collector (TW), W.G. District, Eluru. 2 The Special Deputy Collector (TW), K.R.Puram. 3 The Mandal Revenue Officer, Buttaigudem Mandal. 4 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad. (OUT) 5 2CD copies. [1] 2001 (2) ALT 4 (D.B.)