CH RAMAIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner's father was assigned an extent of Acs.3.00 of dry land in Survey Nos.778/1 and 778/2 of Charakonda Village, Vangooru Mandal, Mahaboobnagar District. The land was brought into cultivation. After the death of petitioner's father, the petitioner succeeded to the property and his name was also allegedly entered in the revenue records, but due to severe drought, he could not raise crops and started eking out livelihood as a cooly. When he visited the village in April 2004, he observed that fourth respondent, who also got assignment of land in Survey No.778/6 admeasuring Acs.2.00, encroached/occupied the land assigned to petitioner's father and therefore, he approached the revenue authorities requesting to take necessary action under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity), in vain. Therefore, he filed the present writ petition seeking direction to the respondents 1 to 3 to take appropriate action against fourth respondent for alleged contravention of the provisions of the Act.

(2.) The learned Counsel for the petitioner, Sri V. Narayana Reddy, made forcible submissions on the same lines as are mentioned in the affidavit accompanying the writ petition. He also placed reliance on a judgment of Division Bench of this Court in U. Pandaiah v. Mandal Revenue Officer, Sydapuram.

(3.) The learned Assistant Government Pleader, Sri A.Hari Prasada Reddy, submits that if the land is assigned to the petitioner's father as well as fourth respondent and the latter has encroached upon the land, it gives rise to a civil dispute and a writ petition is not maintainable. It is brought to the notice of this Court that the petitioner belongs to Scheduled Caste (Mala) whereas the fourth respondent belongs to a non-Scheduled Caste or Scheduled Tribe.