PADMANABHUNI CHINA SUBBA RAO Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) The petitioner claims to be the absolute owner of Ac.4-80 cents of land situated in R.S.No.67 of Koya Rajahmundry Village, Buttaigudem Mandal, West Godavari District, which is declared as a scheduled area. It is not in dispute that the petitioner is a non-tribal and after the commencement of the A.P. Scheduled Areas Land Transfer Regulation of 1959 (for short, 'Regulation 1 of 1959), the Special Deputy Collector (Tribal Welfare), K.R. Puram, initiated proceedings for eviction alleging that the petitioner was in possession of the land in question, in violation of the provisions of Regulation 1 of 1959. However, after due enquiry, by order dated 5-12-1995 disallowed the said proceedings and the said order has become final. Subsequently, the 1st respondent initiated fresh proceedings of eviction in SR.No.74 of 2005 and accordingly a notice under Rule 7(2) of the Rules, dated 27-7-2005 was issued calling upon the petitioner to show-cause as to why he should not be evicted from the land in question and why the same should not be restored to the transferor alleging that the said land was transferred in his favour in contravention of Section 3(1) of Regulation 1 of 1959.

(2.) Aggrieved by the said action of the 1st respondent, this writ petition is filed contending that the same would amount to reviewing the order dated 5-12-1995 which became final. The petitioner accordingly seeks a writ of mandamus declaring that the action of the 1st respondent in initiating fresh proceedings in SR.No.74 of 2005 is arbitrary, illegal and without jurisdiction.

(3.) I have heard the learned Counsel for both the parties and perused the material on record.