THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 25011 OF 2000 Dated: 23.11.2011 Between : Gorripati Pottaiah and another … Petitioners And Bandiboina Laxmaiah and 5 others … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 25011 OF 2000 O R D E R: This writ petition is ﬁled seeking a declaration that the order of ejection dated 25.06.1991 passed by the Special Deputy Collector (TW), Palvancha in exercise of the powers conferred under Section 3(2) (a) of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 (for short, ‘Regulation 1 of 1959’), is arbitrary and illegal. At the outset, an objection has been raised on behalf of the respondents as to the maintainability of the writ petition on the ground that the petitioners failed to exhaust the alternative remedy of appeal. However, the learned counsel for the petitioners while submitting that the petitioners had acquired title to the land in question under a sale deed dated 10.02.1962 much prior to the enforcement of Regulation 1 of 1959 in Telangana Area, vehemently contended that the Special Deputy Collector has no jurisdiction or power to pass orders in relation to the property in question which was acquired by the petitioner prior to enforcement of Regulation 1 of 1959. Thus, according to the learned counsel the writ petition is maintainable notwithstanding the availability of alternative remedy of appeal. A perusal of the impugned order shows that the sale deed dated 10.02.1962 under which the petitioners claim to have purchased the land in question is an unregistered document. A ﬁnding was recorded by the Special Deputy Collector that the land revenue receipts of 1962 and 1970 produced by the petitioners did not appear to be genuine and thus, the possession of the petitioners was accepted only after 1964-65. The said ﬁnding recorded by the Special Deputy Collector shows that the very transaction under which the petitioners are claiming title is in dispute. Therefore, the petitioners’ contention that the impugned order is without jurisdiction cannot be accepted. Therefore, the Writ Petition is disposed of granting leave and liberty to the petitioners to prefer an appeal before the appellate authority under Regulation 1 of 1959 within four (4) weeks from the date of receipt of this order. If any such appeal is preferred within the time ﬁxed above, the same shall be entertained and disposed of in accordance with law. Till the appeal is decided, the petitioners shall not be dispossessed from the land in question. No costs. ___________ G. ROHINI, J Date: 23.11.2011 Note: Issue CC in three days (B/o) Ivd