THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.18606/2002 Date of Order: 24-2-2011 Between: 1. Saripalli Venkata Subba Raju and others …Petitioners and 1. The Mandal Revenue Officer, Buttaigudem, West Godavari District and others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.18606/2002 Oral Order: The petitioners claiming to be the absolute owners of Ac.3-44 cents in R.S.No.21 part; Ac.1-56 cents in R.S.No.22 and AC.12-30 cents in R.S.No.23 situated at Jainavarigudem, Buttaigudem Mandal, West Godavari District having purchased the same from their mother, Saripalli Atchayymma filed the present writ petition seeking a writ of Mandamus directing the Mandal Revenue Officer, Buttaigudem, West Godavari District to enforce the legal duty by supporting the petitioners, whenever they cut and harvest the crop stating that their mother Saripalli Atchayyamma purchased the said lands under a registered sale deed dt. 9-1-1963 from one Parepalli Krishna Murthy, who in turn purchased the same through a registered sale deed dt.30-5-1960 from one K. Veera Swamy. The said Veera Swamy purchased the said lands through a registered sale deed dt. 5-3-1956 from one P. Venkata Swamy, who acquired the same by way of gift from his wife, who is the daughter of Koppula Veeraswamy, who got the said lands by inheritance from his brother K. Narayanaswamy, original pattadar. According to the petitioners, on the complaint lodged by the Special Deputy Tahsildar, (Tribal Welfare), K.R.Puram, the Special Deputy Collector (Tribal Welfare), K.R.Puram, registered a case vide S.R.No.245/90 against the petitioners alleging that they are in possession of the lands in contravention of Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959, as amended by Regulation 1 of 1970 (for short “the Land Transfer Regulation Act”). The Special Deputy Collector after elaborate enquiry disallowed the claim of the Special Deputy Tahsildar on 28-1-1993. While so, the local tribals with the political support of CPI and CPM parties damaged the crop when it ripe for harvest. When such damage has been caused, the petitioners lodged a complaint before the second respondent, on which basis police registered a case in C.No.29 LG-BTG PS 2002 but the second respondent has not completed the investigation nor laid any report against the persons who interfered with their possession. When the petitioners made a complaint to provide protection from the respondents 3 to 8, the first respondent wrote a letter to the second respondent to provide protection and in spite of the same, respondent 3 to 8 are interfering with their possession. The respondents 3 to 8 who filed a counter-affidavit stating that the petitioners are non-tribals and their sales are hit by Land Transfer Regulation Act, and the proceedings initiated against the petitioners in SR No.245/90 are nothing to do with the land in question in the writ petition. The writ petition, as such, filed cannot be entertained by this court since the Agency Court established under the A.P. Agency Rules will have jurisdiction to entertain the suit for grant of injunction and to protect the rights of the parties in the agency area. Until obtaining injunction from the agency court, the petitioner can also file petition seeking police protection to protect their rights over schedule property, if they are entitled to establish their prima facie case and balance of convenience in their favour. Be that as it may, this court cannot go into the disputed questions of fact, namely, whether the petitioners are lawful owners of the property or in possession of the same and whether there is any likelihood of dispossession. All the above questions have to be decided by the agency court, which conferred civil jurisdiction to decide the said disputes. In view of the same, the writ petition is devoid of any merit. The writ petition is accordingly dismissed granting liberty to the petitioners to avail the remedies as are available to him under law. ________________ A.GOPAL REDDY, J. Dt.24-2-2011 kmr