IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12464 of 2001 Between: Tadinada Lakshmi, W/o. Venkataramanamurthy, R/o. Buttaigudem Village & Mandal, West Godavari District. ..... PETITIONER AND 1 The Agent to Government/District Collector, ELURU, West Godavari District. 2 The Special Deputy Collector (TW) K.P.Puram, West Godavari District. 3 The Mandal Revenue Officer, Buttaiagudem Mandal, West Godavari District. .....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 to issue order, direction, writ more particularly one in the nature of writ of MANDAMUS to declare the action of the 2nd respondnet in reopening the case in S.R.No.176/2001 is illegal, arbitrary without having any power and consequentially set aside the same 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: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.12464 of 2001 ORDER: It is the case of the petitioner that her mother purchased an extent of Ac.2.10 cents in Sy.No.631/2 and Ac.1.19 cents in Sy.No.631/1 situated at Buttaigudem village and Mandal, West Godavari District from M.Venkataranga Anhacharyulu and his brothers through the registered sale deed dated 09.06.1957. On a complaint filed by the Special Deputy Tahsildar, Tribal Welfare, No.1 K.R.Puram in SR.No.559/85 against one Kesavarapu Suramma @ Suryakantamma, W/o.late Veeraraghavulu alleging that the said Suramma, being a non-tribal, was in illegal possession and enjoyment of the land of an extent of Ac.2.13 cents in Sy.No.631/2 pt., but the said complaint was disallowed by order dated 25.09.1990 in SR.559/85 on the ground that the said land was purchased in 1957 and she was a non-tribal and the land was purchased from another non-tribal and therefore, there was no violation of provisions of A.P.Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970. It is stated that thereafter the Special Deputy Collector, Tribal Welfare, K.R.Puram issued a notice in SR.176/2001 to (1) Madakam Durgamma, (2) Tadinada Venkataramamurthy, and (3) Gandham Ramulu in respect of Ac.1.19 cents in Sy.No.631/1, and Ac.2.10 cents in Sy.No.631/2 of Buttaigudem village and Mandal stating that they are found in possession of the said land in contravention of provisions of A.P.Scheduled Areas Land Transfer Regulation 1 of 1959, and accordingly, they are requested to appear on 30.05.2001 for enquiry which is scheduled to be held in the office of the Mandal Revenue Officer, Buttaigudem. Aggrieved by the said notice, the petitioner filed this writ petition. I am of the opinion that admittedly, the petitioner is not the owner of the said land. Earlier order, disallowing the complaint of the Deputy Tahsildar, relates to the case of Kesavarapu Suramma. It is not known what is the relationship in between the said Suramma and the petitioner. It is not known whether Suramma is the mother of the petitioner or not. But in the earlier proceedings, the husband of the petitioner participated on behalf of Suramma, but no relationship has been described whether he is son-in-law of Suramma or whether his wife is the daughter of Suramma. Therefore, it is for the petitioner and her husband to appear before the Special Deputy Collector and advance their contentions. In view of the above, I do not see any grounds to interfere with the enquiry initiated by the Special Deputy Collector. The Writ Petition is, accordingly, dismissed. The interim order, granted earlier, is vacated, directing the respondents to complete the enquiry as expeditiously as possible, after giving a reasonable opportunity to the petitioner and others concerned. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 24.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Agent to Government/District Collector, ELURU, West Godavari District. 2 The Special Deputy Collector (TW) K.P.Puram, West Godavari District. 3 The Mandal Revenue Officer, Buttaiagudem Mandal, West Godavari District. 4 2. 2CCs to 5. 2CD copies