J JANARDHANA Vs. AGENT TO THE GOVT

JUDGEMENT

(1.) This petition is for issuance of a writ of Prohibition directing the 1st respondent to refrain from proceeding with C M A No. 84 of 1977 and consequentially declare that the Agent to the Government at Khammam has jurisdiction or power under Regulation 1 of 1959 to enquire into the scope of the transaction that took place prior to 1-2-63.

(2.) It is stated by the petitioner that the land in S Nos. 132 and 151 measuring Ac 1.26 and Ac 3.00 respectively situated in Naremvarigudem was purchased by him prior to 1960 and he has been in possession and enjoyment of the same. The fattier of respondents 2 to 4 claiming to be the original plttadar filed petition before the Tahsildar under A P Scheduled Areas Land Transfer Regulation, 1959 and the Special Deputy Collector passed an exparte decree. On appeal the 1st respondent remanded the matter for fresh consideration. On remand the Special Deputy Collector passed an order that the land was purchased prior to coming into force of the Regulation and the question of restoration to the respondent does not arise. Thereupon the father of the respondents 2 to 4 preferred an appeal to respondent No. 1 In the counter filed on behalf of respon- dents 2 to 4 it is stated that the appeal has been preferred by their father as against the orders of the Special Deputy Collector and the appellate authority has to go into tne facts with regard to the transfer and other aspects.

(3.) During the pendency of the appeal the father of respondents 2 to 4 died. Therefore, respondents 2 to 4 filed a petition to bring them on record as legal representatives. There was a delay in presenting this petition. Delay was condoned by the appellate authority and the appeal was taken on file.