IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17962 of 2008 Between: M.Narasimha Rao, S/o. Tirupathaiah, R/o. H.No.6-1-409, V.D.O.'S Colony, Khammam. ..... PETITIONER AND 1 The Special Deputy Collector, Tribal Welfare, Bhadrachalam, Kahmmam District. 2 The Mandal Revenue Officer, Enkur Mandal, Enkur, 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 to issue a writ, order or direction more particularlyu one in the nature of writ of Mandamus declaring the proceedings in LTR Case No.240/2008/ENK dt. 19-7-2008 received on 5-8-2008 on the file of the 1st respondent, as highly illegal, arbitrary and violative of Art.14 and 16 of the constitution of India and set aside the same and consequently direct the respondents not to dispossess the petitioner from the lands to an extent of Ac.4.00 guntas in sy.No.154 of Enkur Village, khamma District and pass Counsel for the Petitioner:MR.THANDUSRINIVAS Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No : 17962 of 2008 ORDER: This writ petition has been filed by M.Narsimha Rao assailing the notice issued by the Special Deputy Collector, Tribal Welfare, Bhadrachalam, Khammam District-first respondent to M.Tirupathaiah. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. 3. Learned counsel for the petitioner states that Tirupathaiah, who is father of the petitioner, is no more and therefore, notice sent to Tirupathaiah is not legal and proper. It appears proceedings have been initiated under the provisions of the Andhra Pradesh (Schedule Area) Land Transfer Regulation Act 1/59 and Amended Regulation 1/70. The petitioner claims to be the legal heir of Tirupathaiah. Such is the situation, the petitioner is at liberty to appear before the Special Deputy Collector, Tribal Welfare, Bhadrachalam, Khammam District- first respondent seeking his impleadment as party to the proceedings and resist the claim of the land holders. 4. With the above direction, the writ petition is disposed of. _____________ 19-08-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}