THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.16929 of 2004 Date:28.07.2010 Between: Manikyam Veerarjuna Rao. ………..Petitioner. AND The Addl.Agent to the Government, E.G District at Rampachodavaram and others. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.16929 of 2004 ORDER: This writ petition has been filed by Manikyam Veerarjuna Rao seeking mandamus declaring the order passed by the Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavary District-2nd respondent in L.T.R.P No.38 of 2000, dated 6.8.2002 and the order passed by the Additional Agent to Government, East Godavari District at Rampachodavaram-1st respondent in C.M.A.No.16 of 2002 dated 24.7.2004 as illegal and arbitrary and unjust. The petitioner and his brother namely Manikyam Basavara Raju claim to be the owners of Ac.4.27 cents comprising Sy.Nos.39/1 and 39/5 of Ozubanda Village, Gangavram Mandal, E.G. District. Proceedings have been initiated by the Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District under the provisions of A.P Scheduled Area Land Transfer Regulations 1959 as amended by regulation 1/70 for restoration of the lands to Chavalam Bapanadora. The Special Deputy Collector by order dated 6.8.2002 in L.T.R.P.No.38 of 2000 ordered for eviction of the petitioner herein from the suit schedule land and restoration of the same to the tribal applicant. The petitioner along with his brother namely Manikyam Basavaraju filed C.M.A.No.16 of 2003 on the file of the Additional Agent to Government, East Godavari District at Rampachodavaram under Rule 8 (2) of the A.P Scheduled Area Land Transfer Rules 1969. The appellate authority by order dated 24.7.2004 dismissed the appeal. Hence, this writ petition. Rule nisi came to be issued on 22.9.2004. An interim order came to be passed on the even date vide W.P.M.P No.22184 of 2004. Respondents 1 to 3 entered appearance and filed W.V.M.P.No.1213 of 2010 with a prayer to vacate the interim order dated 22.9.2004 passed in W.P.M.P.No.22184 of 2004. When the vacate stay petition came up for consideration, with the consent of counsel appearing for the parties, the writ petition is taken up for final disposal. Heard learned counsel appearing for the parties. Indisputably, the petitioner has alternative remedy of revision to the State Government to question the order passed by the appellate authority (1st respondent) in C.M.A.No.16 of 2002. Indeed, the respondents in para No.4 of the affidavit have stated hereunder:- “In reply to Para 4, it is submitted that mere issuance of Pattadar Pass Books and Title Deeds cannot oust the jurisdiction and scrutiny under Regulation 1/59 as amended by 1/70. It is further respectfully submitted that the Writ Petitioner having subjected himself to the jurisdiction of Regulation 1/59 as amended by 1/70 participated in the enquiry before the Special Deputy Collector and having preferred Appeal in CMA.No.16 of 2003 before this respondent is ought to have approached the Government i.e., Provisional Authority under Section 6 of Regulation 1/59 as amended by 1/70. For this reason also the Writ Petition is liable to be dismissed. Prima facie, on an earlier occasion, through an order dated 24.9.1980 passed in CMA No.53 of 1978, the ejectment order dated 6.5.1978 was set aside. In view of the same and as the same cannot be reopened once again, there shall be interim direction as prayed for.” Since the writ petitioner has an alternative remedy of revision provided under Section 6 of the A.P Scheduled Area Land Transfer Rules 1969, the writ petition is disposed of directing the petitioner to file the alternative remedy of revision within three weeks from the date of receipt of a copy of this order. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:28.7.2010 Note: Furnish CC within one week. B/O mrb