D APPALA RAJU Vs. STATE OF AP

JUDGEMENT

(1.) The petitioners, who are twenty-four in number, claim to be the residents of Gudivada (Paderu), a Muthadari Village in Visakhapatnam District. It is stated that the forefathers of the petitioners were put in possession of small bits of lands by the then Muttadar and thereafter, the predecessors of the petitioners and the petitioners have continued in possession and enjoyment of the same wherein they have constructed their houses and residing therein for the past more than 70 years. They are also paying house taxes to the Gram Panchayat regularly.

(2.) While so, in the year 1979, the third respondent-Agency Divisional Officer-cum-Special Deputy Collector, Paderu, Visakhapatnam, initiated proceedings for ejection under the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959 (for short Regulation 1 of 1959) alleging that the petitioners are in occupation of the land in question in contravention of the provisions of Section 3(2)(a) of Regulation 1 of 1959. However, after conducting due enquiry, a finding was recorded that no transfer of land from Schedule Tribe was involved and accordingly, the proceedings were dropped by order dated 23-9-1979. Though the said order has become final, fresh proceedings for ejection were initiated by the second respondent on the very same allegation and the second respondent by separate orders passed in the year 1982 ordered ejectment of the petitioners herein from the respective lands in their possession. Aggrieved by the same, the petitioners preferred appeals before the Agent to the Government and District Collector, Visakhapatnam under Section 3(3) of Regulation 1 of 1959. The said appeals were heard together and by a common order, 'dated 11-2-1985 the appeals were dismissed confirming the order of ejection passed by the second respondent. Questioning the same, though the petitioners preferred a revision petition before the first respondent, the same was dismissed by order dated 17-12-1993. Hence, this writ petition seeking a declaration that the orders passed by the respondents and the consequential steps initiated to evict the petitioners is arbitrary and illegal.

(3.) I have heard the learned Counsel for the petitioners as well as the learned Government Pleader appearing for the respondents.