IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12357 of 2008 Between: Pentyala Rama Rao S/o Late Subba Rao Manuguru Village and Mandal, Khammam District. ..... PETITIONER AND The Tahsildar at manuguru Manuguru Mandal, Khammam District. .....RESPONDENT 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 Writ or direction preferably writ of mandamus, declaring the action of the respondent and his subordinates in trying to dispossession me from the land measuring an extent of Acs. 4-20 gts in S. No. 314/1442 situated in samithisingaram Village, Manuguru Mandal, Khammam District, under the guise of the order dated 31-08-1987 in LTR case No. 976/85 passed against 3rd party, as illegal, arbitrary, violative of Principles of natural justice, and consequentially to direct the respondent and his subordinates, not to dispossess me from the land in S.No. 314/1442 measuring acs. 4-20 gts at Samithisingaram Village, Manuguru Mandal, and pass such other order or orders. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: This writ petition has been ﬁled by Pentyala Rama Rao assailing the action of the Tahsildar, Manuguru Mandal, Khammam District-respondent in trying to dispossess him from the land admeasuring Ac.4.20 gts. comprising Survey No.314/1442 situated in Samithisingaram village, Manuguru Mandal, Khammam District, under the guise of the order dated 31.08.1987 passed in L.T.R. Case No.976/85. 2. The petitioner claims to be the owner of land admeasuring Ac.4.20 gts. comprising Survey No.314/1442 situated in Samithisingaram village, Manuguru Mandal, Khammam District. According to him, his father purchased the land under a Sada Sale Deed dated08.12.1966 from Dasam Lalu. Thereafter, he got the sale deed validated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989. The petitioner asserts that his father acquired the property prior to the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970. It appears proceedings have been initiated against one Akarapu Dharmaiah alleging that his possession in respect of Ac.3.25 gts. comprising Survey No.314/76 of Samithisingaram village is contrary to the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970. The Special Deputy Collector (T.W.), Paloncha, conducted enquiry and found the possession of Akarapu Dharmaiah is in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970 and thereby ordered for ejectment, by order dated 31.08.1987. Under the guise of the said order, the respondent is trying to eject the petitioner from the land admeasuring Ac.4.20 gts. comprising Survey No.314/1442 situated in Samithisingaram village, Manuguru Mandal, Khammam District. Hence, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, the learned Government Pleader for Social Welfare received notice on behalf of the respondent. An order of status quo has been granted on 16.06.2008 vide W.P.M.P.No.15919 of 2008. 4. Respondent ﬁled counter-aﬃdavit. M.V.Ravindra Nath, Tahsidlar, Manuguru, Khammam District, has sworn to the counter-affidavit. It is stated in the counter-aﬃdavit that the petitioner was never in possession of the land in dispute and as per the village records, there is no such survey number i.e. S.No.314/1422. 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondent. 6. Learned counsel appearing for the petitioner submits that he was not a party to the L.T.R. Case No.976 of 1985 and the land in respect of which proceedings have been initiated against Akarapu Dharmaiah and the land claimed by the petitioner are not one and the same. 7. Learned Government Pleader for Social Welfare appearing for the respondent submits that the proceedings in respect of the land admeasuring Ac.3.25 gts. comprising Survey No.314/76 situated at Samithisingaram village reached ﬁnality and therefore, the petitioner cannot resist the action of the respondent in putting the beneﬁciary in possession of the property. 8. The petitioner claims possession of the land admeasuring Ac.4.20 gts. comprising Survey No.314/1442 situated in Samithisingaram village, Manuguru Mandal, Khammam District, through his father, who purchased the same under a Sada Sale Deed dated 08.12.1966 from Dasam Lalu and thereafter, the petitioner got the sale deed validated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989. Whether the property purchased by the father of the petitioner and the property in respect of which proceedings have been initiated before the respondent in L.T.R.Case No.976 of 1985 are one and the same is required to be adjudicated by the competent civil Court. There are serious disputed facts, such as, sale set-up by the petitioner and subsequent proceedings taken out by him for validation of the sale. 9. In that view of the matter, the writ petition is disposed of at the admission stage directing the petitioner to approach the civil Court to establish his right over the property claimed by him. The status quo order granted on 16.06.2008 shall remain in operation for a period of four weeks from today so as to enable the petitioner to approach the competent civil Court and seek necessary orders. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:17th September, 2008. Note: Issue C.C. within three days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}