IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 23401 of 2008 -6- Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proposed action of the respondents in planning to issue pattas to the non-tribals i.e. the respondents 5 to 134 herein as illegal, arbitrary, violative of the principles of Natural Justice as well as guaranteed by the Schedules of the Constitution of India and against to the fundamental rights of the Scheduled Tribes and condemn the said proposals while issuing a directions/restraining the respondents 1 to 4 not issue pattas to the respondents 5 to 134 with a consequential direction to recover the lands from the hands of these unofficial respondents and distribute the said lands among the rightful Schedule tribes; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI G.L. NARASIMHA RAO Advocate for the Petitioner and of the Govt. Pleader for Revenue for the respondents, 1, 3 and 4 and of the Govt. Pleader for Social Welfare for the respondent No.2, the court made the following: ORDER: This petition was notified for hearing on 19th September, 2008. At the request of the learned Government Pleader for Revenue, it was notified for hearing on 22nd September, 2008. Even today, the learned Government Pleader has not received any instructions from the District Collector, Visakhapatnam-respondent No.1. It has been submitted by the learned Government Pleader that a letter was addressed to the District Collector, Visakhapatnam on 29th October, 2008, but till today, the District Collector has neither replied to the said letter nor sent any instructions. The learned Government Pleader prays for time. In the interest of justice, time is granted. Hearing is adjourned to 4th February, 2009 on payment of costs of Rs. 250/- to be deposited in this Court within two weeks from today. The said amount shall be collected by the District Collector, Visakhapatnam from the officer who has showed negligence in the matter of sending instructions to the learned Government Pleader. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The District Collector, Visakhapatnam. (BY SPEED POST) 2. The I.T.D.A. Project Officer, Paderu, Visakhapatnam District. 3. The Spl. Dy. Collector, Paderu, Visakhapatnam District. 4. The Tahsildar/Mandal Revenue Officer, Ananthagiri Mandal, Visakhpatnam District. 5. 2 CCs to the G.P. for Revenue, High court of A.P.Hyd. (By SPL. MESSENGER) 6. 2 CCs to the G.P.for Social Welfare, High court of A.P.Hyd.(O.UT) 7. One C.C.to Sri G.L. Narasimha Rao Advocate. (OPUC) 8. 2 spare copies. HIGH COURT HCJ & RR.J DATED 21-01-2009 ORDER W.P.NO. 23401 OF 2008 DIRECTION Bsr Dt. 23-1-2009 HIGH COURT HCJ & RR.J DATED 21-01-2009 ORDER W.P.NO. 23401 OF 2008 DIRECTION