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 GOPALA KRISHNA TAMADA WRIT PETITION NO : 14635 of 2008 Between: Jujjavarapu Suraiah S/. Brahmaiah Mandal, West Godavari District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Jangareddygudem Revenue Division, Jangareddygudem , W.G. District. 2 The Tahsildar, Buttaigudem Mandal, W.G. District. 3 Karatam Ramamma W/o. Chandraiah H/o. Ganapavaram, Buttaigudem Mandal, W.G. District. 4 Komaram Nagamma W/o. Veeraiah H/o. Ganapavaram, W.G. 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 issue order direction writ more particularly one in the nature of writ of Mandamus declare the action of the Respondent No.2 in issuing the pattas in favour of 3rd and 4th Respondent in the petitioner's land situated in R.S.No. 497 an extent of Ac. 2.35 cts of Ganapavaram Village, Buttaigudem Mandal as illegal, arbitrary and contrary to the provisions of A.P. Schedule Area Land Transfer Regulations 1/59 as amended by 1/70 consequentially direct the respondent NO. 1 & 2 to cancel the pattas issued in favour of 3rd and 4th Respondents in the petitioner's land. Counsel for the Petitioner:MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER It is the case of the petitioner that the land in question was purchased by his father in the year 1957 vide registered document No.2057, dated 5.11.1957. On the basis of a complaint made by the Special Deputy Tahsildar (Tribal Welfare) K.R.Puram, proceedings in S.R.No. 64 of 2004 were initiated under Andhra Pradesh Schedule Area Land Transfer Regulation 1 of 1959 and after conducting a detailed enquiry, the Special Deputy Collector dismissed the said S.R. on 23.12.2004, holding that the possession and enjoyment of the petitioner in respect of the petition schedule land is not hit by Section 3 (1) of the said Regulation. As the un-official respondents are claiming possession over the petition schedule property, the petitioner approached the 1st respondent and submitted a representation dated 25.5.2007 narrating various facts. However, the said representation is not yet disposed of. Therefore, he approached this Court and filed the present writ petition. This Court, on 05.08.2008, while issuing Rule Nisi, ordered status quo as on that date. Now, the un-official respondent Nos. 3 and 4 have come forward and filed a detailed counter-affidavit, wherein it has been stated that the Government, after holding a thorough enquiry, ejected the persons, who are in unauthorized occupation of the land in question, and thereafter, pattas were granted in their favour as early as in the year 1997 and pattadar passbooks in the year 2001. According to them, without any right whatsoever, the petitioner is claiming rights over the land in question and if he has any grievance, his remedy is by way of filing an appeal questioning the assignments made in their favour. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and learned counsel appearing for the unofficial respondents. From a perusal of the proceedings filed by the petitioner as well as the respondents, it is not known as to who are the actual pattadars of the land in question as the said order passed on 23rd December, 2004 in SR 64 of 2004 clearly indicates that the petitioner is in possession and enjoyment of the land in question, whereas the pattas and the passbooks given by the very same authority establish that respondent Nos. 3 and 4 are the assignees and possessors of the said land. In that view of the matter, this court is of the view that a detailed probe is required into the same. Accordingly, the 1st respondent is hereby directed to hold a detailed enquiry and decide as to whether the petitioner can be treated as the absolute owner of the land in question having regard to the fact that the land in question was purchased by his father as early as in the year 1957 vide registered document No.2057, dated 5.11.1957 or the respondents can be treated as the assignees and possessors of the land in question by virtue of the pattas granted in the year 1997. The said enquiry shall be done by affording an opportunity to both the parties and the same shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the petitioner and respondent Nos. 3 and 4 are directed to maintain status quo obtaining as on 5.8.2007. The 1st respondent is hereby directed not to be influenced by any of the observations made by this Court or the finding given by the Special Deputy Collector in S.R.No. 64 of 2004, dated 23.12.2004. Accordingly, the writ petition is disposed of. No costs. __________ 18-12-2008 rkk