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 : 18223 of 2001 Between: Smt. Maganti Mahalakshmi W/o. Dakarapu Satyanarayana R/o. Dosapadu, Denduluru Mandal, West Godavari District. ..... PETITIONER AND 1 The Special Deputy Collector, Tribal Welfare, K.R.Puram, Buttaigudem Mandal, West Godavari District. 2 The Mandal Revenue Officer, Buttaigudem Mandal, West Godavari 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 order, direction, writ more particularly one in the nature of Writ of Mandamus declare the action of the respondents in interfering the possession of the petitioner's land situated in S.R.Nop.666/2 Ac.14.56 cts of Buttaigudem Village & Mandal West Godavari District is illegal arbitrary and violative of Art.300-a of the Constitution of India and against the provisions of A.P.S.a.L.T.reg 1/59 as amended by 1/70 and consequentially direct the respondents not to interfere the possession of the petitioner's land 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{MADHURI} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.18223 OF 2001 ORDER: The grievance of the petitioner is that he is the owner of the land in an extent of Ac.14.56 cents in R.S.No.666/2 situated at Buttaigudem village and Mandal of West Godavari District and the said land was situated in Gutala Zamin Estate and patta was issued by the then Zamindar in favour of the paternal grand father of Maganti Lakshmaiah and after his death, Gangaiah got the said land by succession and thereafter, the petitioner got the same by succession and he is in continuous possession and enjoyment of the same. It is stated that there was no any violation of Andhra Pradesh State Agriculture Land Transfer Regulation 1/59 as amended by Regulation 1/70 in holding the possession of the petitioner over the said land and without any justification whatsoever and without following the due procedure prescribed under law, the respondents are interfering with the peaceful possession and enjoyment of the petitioner over the said land. A counter has been filed stating that the respondents never insisted the petitioner to leave any piece of land either to the tribals or prevented the petitioner from cultivating the land. It is stated that the second respondent never interfered in any manner with regard to the rights of the petitioner over the said land and thus, the allegations have been denied. In view of the aforesaid counter, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the land in an extent of Ac.14.56 cents in R.S.No.666/2 situated at Buttaigudem village and Mandal of West Godavari District without following the due procedure prescribed under law. No order as to costs. ________________ V.ESWARAIAH,J Date: 31-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Deputy Collector, Tribal Welfare, K.R.Puram, Buttaigudem Mandal, West Godavari District. 2 The Mandal Revenue Officer, Buttaigudem Mandal, West Godavari District. 3.2CCs to 4.2CD copies