BALAYYAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are seeking the issuance of a writ of mandamus restraining the respondents herein from evicting them from their lands mentioned in the schedule to the writ petition. The facts are that the lands concerned herein are situated within a former mutta which has been abolished under the Andhra Pradesh Muttas (Abolition and Conversion into Ryotwari) Regulation, 1969. After the abolition, proceedings were taken to grant pattas in accordance with the said Regulation and the petitioners were granted pattas under Section 5 of the said Regulation, which section reads as follows :

(2.) The orders granting pattas to the petitioners have become final.

(3.) In or about 1979, proceedings were initiated under Sec. 3 of the (Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959) in respect of the said lands, where in the petitioners were sought to be proceeded against for being in possession of the lands in an agency area contrary, to Section 3 of the 1959 Regulation. (From the counter affidavit), however, it appears that no proceedings have been initiated under the 1959 Regulation against the Petitioner No. 3, and that so far as Petitioners 1 and 2 are concerned, the proceedings have been initiated against them not in respect of all the lands mentioned in the schedule to the writ petition but only in respect of some of them.