HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2273 of 2011 Date : 09.02.2011 Between : Smt. Korsa Akkamma. …..Petitioner And The District Collector, West Godavari & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2273 of 2011 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in trying to evict the petitioner from the land to an extent of Ac.5.44 cents, situated at Marlagudem village of Buttaigudem Mandal in West Godavari District, as illegal and arbitrary. The petitioner claims that she is given rights under the A.P.Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in respect of the aforesaid land. She claims that she is in possession of the said piece of land by raising cotton and cashew nut crops. It is her grievance that without instituting any proceedings, respondents 3 and 8 are insisting her not to harvest any crop in the aforesaid land. On instructions, it is submitted by the learned Government Pleader that initially, patta was granted to the petitioner under the A.P.Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, but at that stage, one Smt. Udatha Chellamma W/o.Kamudu of Marlagudem village, filed an application before the Project Officer, saying that she is in possession of the aforesaid piece of land and that she had developed the said land by reclamating the bushes, shrubs etc., and therefore, she is entitled for title deed under the A.P.Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It is stated that she also filed a suit before the District Collector, West Godavari, alleging damage of crop in her land by Sri Kovvasu Mukkaiah and others and the said suit is pending consideration. It is further submitted that subsequent to issuance of patta in favour of petitioner, inquiries revealed that the husband of the petitioner by name Sri Korsa Brahmmaiah, was working as Teacher in Mandal Praja Parishad Elementary School, Pullepudi of Srinivasapuram village of Jangareddygudem Mandal, but the petitioner has suppressed the said fact and filed a false claim under the A.P.Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It is also submitted that when inquiry is ordered on the complaint of Smt.Udatha Chellamma, inquiry report is submitted before the District Collector and the matter is seized up before the District Collector, this writ petition is filed. Although it is the case of the petitioner that she is in possession of the land in question, one other lady by name Smt. Udatha Chellamma has also put up a claim stating that she is in possession of the said land and also filed a suit alleging damage to the crop raised by her. In view of the fact that the matter is seized up before the District Collector and as it is claimed by a third party that she is in possession of the land in question and she has raised the crop, no direction can be granted as prayed for in the writ petition, more so, when such rival claimant is not before this Court. In that view of the matter, I do not find any ground for grant of directions as prayed for in this writ petition. However, the 1st respondent-District Collector, West Godavari, is directed to conduct the inquiry independently without being influenced by any of the observations made in this order. Writ petition is accordingly disposed of. No costs. ______________________ R. SUBHASH REDDY, J 9th February 2011 ajr