DAMERA CHITTEMMA Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) THE challenge in this Writ Petition is the order dated 14-9-2007 passed by the Special Deputy Collector (Tribal Welfare), Bhadrachalam Division, Bhadrachalam, Khamma District, in case No.1277/1994/DMPT.

(2.) THE petitioner claims to be the owner and possessor of Ac.11-17 guntas in Sy.No.76/A and Ac.5-20 guntas in Sy.No.77, situated at Mallaram Revenue Village, Dhammapeta Mandal, Khammam District, having purchased the same under registered sale deed dated 15-3-1969 from Ravu Satyanarayana. Her vendor purchased the lands from Malla Gangadhara Rama Rao under registered sale deed No.691/1968. Proceedings have been initiated under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 read with Regulation 1 of 1970 for eviction of the petitioner from the lands in her occupation on the ground that transfer of lands in her favour is in violation of the provisions of Regulation 1 of 1959 read with 1 of 1970. The Special Deputy Collector (Tribal Welfare) Paloncha, after due enquiry, came to the conclusion that there is no contravention of the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 read with Regulation 1 of 1970 and thereby dropped the proceedings, by order dated 26-3-1994. The Special Deputy Collector (Tribal Welfare), Bhadrachalam, took the sue motu enquiry and reopened the issue and conducted further enquiries and proceeded to declare that the alienation in favour of the petitioner is in contravention of the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 and thereby ordered for ejectment of the petitioner from the lands in her occupation, by order dated 14-9-2007. Hence, this Writ Petition assailing the order of the Special Deputy Collector (Tribal Welfare), Bhadrachalam Division, Khammam.

(3.) RESPONDENTS No.1 and 2 entered appearance and filed W.V.M.P.No.2207 of 2007 with prayer to vacate the interim stay granted in W.P.M.P.No.35322 of 2007.