IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND FIVE PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.3532 of 2005 Between: Kalam Paparao, S/o Venkaiah, Scheduled Tribe (Koya) Aged about 35 years, R/o Kothapeta Cheruvu, Paloncha Mandal, Khammam District. ..... PETITIONER AND 1 Andhra Pradesh Power Generation Corporation Limited, rep. by its Managing Director, Vidyut Soudha, Hyderabad. 2 The Secretary, Land Revenue, Government of Andhra Pradesh, Secretariat Building, Hyderabad. 3 The District Collector, Khammam. 4 The Revenue Divisional Officer, Paloncha, Khammam District. 5 The Mandal Revenue Officer, Paloncha, Khammam District. 6 The District Registrar, Khammam. 7 The Sub Registrar, Kothagudem, Khammam District. 8 The Indian Oil Corporation Limited, rep. by its Senior Divisional Retail Sales Manager, G.V.R. Towers, 3rd Floor, Bharathi Nagar, Ring Road .Vijayawada - 520 008. .....RESPONDENTS 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 appropriate writ or order or orders and more particularly in the nature of writ of mandamus declaring that the acts, deeds and things of the 1st respondent transferring the land measuring 0.69 acres in Survey No. 727/4, situated near "A" Colony of Paloncha village, Khammam District under proceedings bearing G.O.O.No. 457/GM(HR) 2004, dated 28-1-2005 , are illegal against to law and against to the Provisions of A.P. Scheduled Areas Land Transfer Regulation, and also against to the legal and fundamental rights guaranteed under the Constitution of India, in favour of the Schedule Tribes and consequently; a) to set aside transferring of the land admeasuring 0.69 acres in Survey No. 727/4, situated near "A" Colony of Paloncha Village, Khammam district under proceedings bearing G.O.O.No. 457/GM(HR)2004, dated 28-1-2005 by the 1st respondent in favour of the 8th respondent; b) to declare that the land in Survey Nos. 1 to 999 situated at Paloncha Samsthan of Paloncha Revenue Village, Khammam District as Schedule Area; c) to direct the respondents not to grant any kind of permissions to transfer of lands in Survey Nos. 1 to 999 situated at Paloncha Samsthan of Paloncha Revenue Village, Khammam District in favour of non tribes; and to pass such other order or orders as deem fit and proper in the circumstances of the case and in the interest of justice as otherwise, the petitioner and all Schedule Tribes Community Members shall be put to grave and inexplicable hardship and injury. Counsel for the Petitioner : Sri PALIVELA SATYARAJA BABU Counsel for the Respondent No.1 : SMT.K.SESHARAJYAM Counsel for the Respondent No.8 : Sri P.V.Sanjay Kumar Counsel for Respondents 2 to 7 : Govt. Pleader for Revenue The Court at the admission stage made the following : ORAL ORDER: (Per Hon’ble the Chief Justice) Learned counsel for the petitioner states that in view of the application filed seeking leave to prefer writ appeal against the order of the learned single Judge in Writ Petition No.7150 of 2004 dated 27-12-2004, he is withdrawing the present writ petition. Writ Petition is accordingly dismissed as withdrawn. ________________________ DEVINDER GUPTA, C.J. ____________________________ B.SESHASAYANA REDDY, J 01-03-2005 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Managing Director, Andhra Pradesh Power Generation Corporation Limited, Vidyut Soudha, Hyderabad. 2 The Secretary, Land Revenue, Government of Andhra Pradesh, Secretariat Building, Hyderabad. 3 The District Collector, Khammam. 4 The Revenue Divisional Officer, Paloncha, Khammam District. 5 The Mandal Revenue Officer, Paloncha, Khammam District. 6 The District Registrar, Khammam. 7 The Sub Registrar, Kothagudem, Khammam District. 8 The Senior Divisional Retail Sales Manager, The Indian Oil Corporation Limited, G.V.R. Towers, 3rd Floor, Bharathi Nagar, Ring Road .Vijayawada - 520 008. 9 2 CCs to Govt. Pleader for Revenue, High Court buildings, Hyderabad (OUT) 10) 2 CD copies Form-NIC-OGS/WP{AVLR}