IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2158 of 2005 Date: 10th December, 2010 Between: Lotha Achanna Dora .. Petitioners And The District Collector, Visakhapatnam district and others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2158 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the respondents to grant ryotwari patta and passbook and deliver back possession of the subject land to the petitioner by considering his representation dated 24.4.2003. According to the petitioner, he belongs to Scheduled Tribe community and residing at Kondagokiri, a remote village in Tribal area of Visakhapatnam district. The ancestors of the petitioner were having large extents of lands in old Sy.No.55, Ac.76-36 cents, Sy.No.37, Ac.6- 56 cents, Sy.No.42, Ac.6-31 cents, Sy.No.3, Ac.3-90 cents, Sy.No.4, Ac.0-90 cents, Sy.No.21, Ac.15-48 cents, Sy.No.22, Ac.1-18 cents, Sy.No.33, Ac.6-71 cents situated at Kondagokiri village, Hamlet of Nilagiri, Koyyuru mandal, Visakhapatnam district. Acocrding to the petitioner, due to ignorance and illiteracy, his ancestors have sold away the said property to third parties and taking advantage of the same, the non-tribals have occupied the lands high-handedly, contrary to law. Thereupon, father of the petitioner filed L.T.R.Nos.859 to 867 of 1977 against the persons who were in occupation of the subject property and also sought for a declaration that the transfer made in favour of third parties as null and void under Regulation 3(ii)(a) of Regulation 1 of 1970. The Special Deputy Tahsildar, after conducting an elaborate enquiry and giving notice to the transferees, held that the transfers made are null and void and ejectment orders were passed in Form-F vide order dated 30.9.1978. Thereafter, the Special Deputy Tahsildar, Narsipatnam issued ryotwari pattas under Regulation 7 of 1970 and under Section 4 of Andhra Inams (Abolition and Conversion) into Ryotwari Act, 1956. While the matter stood thus, some third parties have filed application before the Settlement Officer claiming that they are in possession of the subject land, therefore they are entitled for grant of pattas. The said claim was rejected by the Settlement Officer. Aggrieved by the said orders, they approached the Director of Settlement and the Director of Settlement, after hearing both sides, dismissed the claim of third parties holding that petitioner’s father is the absolute owner and possessor of the subject property and the non-tribals have no right. The Director of Settlement further held that the transactions took place are null and void. Now the grievance of the petitioner is that in spite of making several representations to the respondents from time to time for redelivery of possesson of the subject property in his favour, there was no response. In this regard, petitioner also made a representation on 24.4.2003 to the respondents and the same is neither considered nor disposed of till today. Under those circumstances, the writ petition is disposed of directing the respondents to consider the representation purported to have been made by the petitioner on 24.4.2003 and pass appropriate orders, as per law, within a period of three months from the date of receipt of this order. Till such time, status quo as on today shall be maintained. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 10.12.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2158 of 2005 10.12.2010