IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20328 of 2008 Between: Mallabathula Gangadhar Rao, S/o. Naga Raju, R/o Jainvarigudem Village, Buttaigudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Agent to Government, District Collector, Eluru, West Godavari District. 2 The Special Deputy Collector, (Tribal Welfare), K.R. Puram, West Godavari District. 3 The Special Deputy Tahsildar, (Tribal Welfare), K.R. Puram,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 issue order direction more particularly one in the nature of Writ of Mandamus declare the proceedings in S.R. No. 13 of 2008 on the ﬁle of the 2nd respondent against the petitioners mother died on 30-10-2008 on the ﬁle of the 2nd respondent against the petitioners mother died on 30-10-2005 as illegal arbitrary and without having any power under the provision of A.P.S.A.L.T. Regulations 1/59 as amended by 1/70 and consequentially quash the proceedings in S.R. NO. 13 of 2008 on the file of the 2nd respondent 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 : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 20328 OF 2008 ORDER: 1. This writ petition has been ﬁled by Mallabathula Gangadhar Rao assailing the action of the respondents in issuing proceedings under the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/ 1959 as amended by Regulation 1/ 1970 in respect of Survey No. 57/1 admeasuring Ac.1-00. 2. The petitioner claims to be the owner and possessor of Ac.1-00 in R.S.No.39/2, Ac. 0-51 cents in R.S.NO. 57/3 and Ac.0-49 cents in R.S.No.61 of Jainvarigudem village, Buttaigudem Mandal, West Godvari District. According to him his mother Gangamma purchased the said land under a registered document from Akula Rama Chandra Rao on 23-8- 1968. Proceedings were initiated against his mother under the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/ 1959 as amended by Regulation 1/1970. The Special Deputy Collector, conducted enquiry and the proceedings ended in favour of his mother on 17-3-2004. Aggrieved party did not choose to ﬁle any appeal and thereby the proceedings initiated against his mother reached ﬁnality. The Special Deputy Collector, initiated proceedings in respect of Survey No. 57/1 by issuing Form-‘E’ notice under sub-section 1 of Section 3 of Andhra Pradesh Scheduled Areas land Transfer Regulation, 1/1959 as amended by Regulation 1/ 1970. The notice in Form ‘E’ is addressed to Gangamma. According to the petitioner, his mother Gangamma died on 30-10-2005. Hence, he ﬁled the writ petition for quashing the proceedings initiated against her mother who is no more. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of respondents. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for respondents. 5. The principal ground on which the petitioner ﬁled the writ petition that the proceedings initiated against a dead person are null and void. A fact remains that the land in Survey No.57/1 admeasuring Ac.1-00 is the subject matter of the proceedings initiated under the provisions of A.P. Scheduled Area Land Transfer Regulation 1/1959 as amended by Regulation 1/1970. If the petitioner is in possession of the property being legal representative of Gangamma, he is at liberty to approach the authorities and resist the proceedings. If he is not in possession of the land in respect of which the proceedings are initiated, he can ignore the same. It is left to the petitioner either to contest or abstain himself from appearing before the proceedings. 6. Accordingly, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 18th September, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 20328 OF 2008 18th September, 2008.