IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1785 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 25886 OF 2001 on the file of the High Court.) Between: Tellam Venkata Rao Dora, s/o. Kamanna Dora Konda Dora (Scheduled Tribe), R/o. Devaram Village, Devipatnam Mandal, E.G. District. ..... APPELLANT AND 1 Isukapalli Suryanarayana alias Suryarao, S/o. Narasanna, R/o. Devaram Village, Devipatnam Mandal, East Godavari District. 2 The Superintendent of Police, E.G. District at Kakinada. 3 The S.H.O., Devipatnam Police Station, Devipatnam, E.G.District. 4 The M.R.O., Devipatnam Mandal, E.G.District. .....RESPONDENT(S) Counsel for the Appellant:MR.K.BALAGOPAL Counsel for the Respondent No.: MR.K.VENKATESH The Court made the following : THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1785 OF 2002 JUDGMENT: (Per BPR,J) The appellant herein is a tribal and a third party to the writ petition. He filed this appeal with leave against the order dated 20.06.2002 allowing Writ Petition No.25886 of 2001 at the instance of the first respondent herein/writ petitioner, whereunder he sought for a writ of mandamus to declare the action of the respondents 2 to 4 herein in not taking action in pursuance of the orders dated 17.04.1998 passed in M.C.No.6 of 1998 by the Sub-Divisional Magistrate and Sub-Collector, Rampachodavaram, for providing police assistance in respect of the land in R.S.No.34 of Devaram Village in Devipatnam Mandal to an extent of 6 acres, as illegal. The complaint in the writ petition was that even though orders were passed in the writ petitioner’s favour under Section 145 of the Code of Criminal Procedure in the aforesaid M.C.No.6 of 1998 and in spite of making an application on 29.11.2001, the same was not being taken up and no orders were passed thereon. The appellant herein was the tribal who was not being evicted. Hence, the writ petition. The learned single Judge, while taking into consideration the aforesaid aspects and keeping in view the pendency of the said application in spite of the orders passed on 17.04.1998 in M.C.No.6 of 1998, disposed of the writ petition directing the consideration thereof. Hence, the writ appeal. The grievance of the appellant is that the writ petitioner who claimed to be the owner of the land, being a non-tribal, does not have a right as such in respect of the lands in schedule areas whereas, preferably the appellant who belongs to a tribal community should be protected. The learned counsel appearing for the first respondent/writ petitioner submitted that subsequently an application has been filed by the appellant and other tribals to reopen the aforestated M.C.No.6 of 1998 and the same was reopened and in view of the pendency of the present writ appeal, no enquiry is held and no orders are passed therein. Taking into consideration the aforestated aspects and especially the fact that the Tribals were not parties to the proceedings in M.C.No.6 of 1998 and the same is already reopened, though there is a big question as to whether there exists any power to review under the Code of Civil Procedure, we are of the view that the interest of justice would be met if an opportunity of notice and hearing is given to both the parties and other tribals, if any, in the said proceeding and appropriate order be passed thereon on merits in accordance with law. In view of the same, the writ appeal is accordingly allowed and the order dated 20.06.2002 passed in Writ Petition No.25886 of 2001 is set aside. Consequently, the order dated 17.04.1998 passed in M.C.No.6 of 1998 by the Sub-Divisional Magistrate and Sub-Collector, Rampachodavaram is also set aside and the matter is remitted back to the Sub-Divisional Magistrate and Sub-Collector, Rampachodavaram for fresh enquiry on merits after giving due notice and affording an opportunity of hearing to both parties and to dispose of the same on merits in accordance with law. It is made clear that apart from the appellant and the respondents herein, other tribals if any, should also be given notice and opportunity of hearing, as directed hereinabove. It is further made clear that interim orders granted by this Court during the pendency of the present appeal shall continue till the disposal of the said enquiry. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this Court. No costs. _____________________ B.PRAKASH RAO, J. ____________________ SANJAY KUMAR, J. 18th August, 2009. PGS / VGSR