IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5619 of 2001 Between: The Barrinkalapadu Girijana Co-op. Collective farming Societ Ltd. Rep By Its Secretary Smt.Pandu Laxmi, Barrinkalapadu Village, West Godavari District. ..... PETITIONER AND 1 Govt of A.P. Rep By Its Secretary (TW), Department of Social Welfare, A.P. Secretariat, Saifabad, Hyderabad-500 004. 2 District Collector, Eluru, West Godavari District. 3 special Dy. Collector (Tribunal Welfare), Kotaramchandrapuram, West Godavari District. 4 The Mandal Revenue Officer Jeelugumilli Mandal, 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 to pass appropriate order or orders more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No.1 to 4 in not protecting the possession of 64 members of the petitioners society who have put in possession on 1.1.1998 and whose names are furnished in the Annexure I, as arbitrary, illegal and violative of fundamental rights of the members of the petitioner society guranteed under article 14, 19 (i) (g) and article 300 (a) of Constitution of India and ordering to take adequate measures to protect the physical possession of the petitioner over the schedule property consisting of agricultural land admg.ac.135.35 cents out of the total extent of land admg.ac.145.33 cents in survey Nos.12/1A, 12/1B, 12/2, 12/3B, 12/3C, 12/3D, 12/3E, 10/10, 10/1, 10/2A, 10/2B, 3/2B3, 23/2C, 11/11, 10/2C, 3/2A, 9/6A, 9/6B, 9/5, 8/3A, 8/3B, 41/161, 4/1A, 9/2, 9/3, 5/12, 8/2C2, 8/2C1, 11/2G1, 11/2G2, 11/2G3, 11/2G4, 11/2E1, 3/2B2, 11/2E2, 14/2, 3/2B1, 11/2E3, 11/2E4, 11/2E5, 11/B, 14/1, 11/2D1, 11/2D2, 8/2A, 8/2B312, 8/2B1, 8/2B3, 8/2B4, 8/2B5, 8/2B6, 8/2B7, 8/2BB, 8/2B9, 8/2B10, 8/2B11, 8/3A, 14/5, 10/6, 10/3, 10/4, 8/2D1, 8/2D2, 8/2D3, 11/2A, 14/6, 14/4, 11/2D3, situated at Narsugudem Village, Jeelugumilli Mandal, West Godavari District, or pass. Counsel for the Petitioner:MR.DEEPAK BHATTACHARJEE Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5619 of 2001 ORDER: The petitioner is a Co-operative Collective Farming Society having about 64 members, who are residents of Narsigudem Village, Jeelugumilli Mandal, West Godavari District. The Special Deputy Collector (Tribal Welfare) Kotaramachandrapuram, 3rd respondent herein initiated proceedings under A.P. Schedule Area (Land Transfer) Regulation 1 of 1959 as amended by Regulation 1 of 1970 (for short ‘the Regulation’) in S.R.Nos.6 to 15 of 1989 covering an area of Ac.140.00 against various persons. It was alleged that the respondents mentioned therein are in illegal occupation of land in tribal areas and proceedings were initiated for restoration of the land to the tribals. Through an order, dated 10.06.1992, the 3rd respondent directed eviction of the non-tribals and distribution of the land to the eligible tribals. W.P.No.7337 of 1992 was filed against the orders of the 3rd respondent. The writ petition was dismissed on 29.10.1997. After the order of eviction passed by the 3rd respondent became final, the possession of the land was resumed and the members of the petitioner-society were put in possession on 01.01.998. It is stated that ever since, they are in possession of the land. Their grievance is that despite these developments, the non- tribals who were earlier in possession of the land are trying to interfere with their possession. It is stated that the representations made by the petitioner to respondents 2 to 4 in this regard are not being acted upon. The 3rd respondent filed a counter affidavit, admitting the fact that W.P.No.7337 of 1992 filed against the orders of resumption in S.R.Nos.6 to 15 of 1989 was dismissed. It is also stated that the members of the petitioner-society were delivered the possession of the land. Reference is made to W.P.No.31171 of 1997 filed by the erstwhile occupants, who wanted the area to be deleted from the schedule. Heard Sri Deepak Bhattacharjee, learned counsel for the petitioner and the learned Government Pleader for Social Welfare. The agricultural land in schedule area was found to be in possession and enjoyment of non-tribals. Accordingly, the 3rd respondent initiated proceedings under the Regulation and passed orders, directing resumption of the land. The orders passed by the 3rd respondent were affirmed by this Court in W.P.No.7337 of 1992. It is only thereafter that the land was resumed and delivered to the members of the petitioner-society. It is not as if the members of the petitioner-society have assumed possession on their own accord. The State provided vast and extensive machinery for protection of the rights of the tribals in schedule areas. Special procedure is prescribed and extra-ordinary powers are conferred on the authorities, to ensure that the tribal population is not exploited. Even if there is no representation from the petitioners, to accord protection, the respondents herein are under obligation to ensure that none of the scheduled tribes, including the members of the petitioner, are subjected to exploitation or harassment. The writ petition is accordingly allowed and it is directed that respondents 2 to 4 shall ensure that the rights of the members of the petitioner-society are in no way interfered with by any individuals. There shall be no order as to costs. _________ 18.12.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RAGHU} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5619 of 2001 Date: 18.12.2008 JSU