KAPA VEERABHADRUDU Vs. SPECIAL DY COLLECTOR T W

JUDGEMENT

(1.) Four petitioners file this Writ Petition. They prayed for a Writ of Mandamus declaring the action of the sole respondent in issuing the notice dated 28-12-1998 to the petitioners, as illegal, arbitrary and violative of Articles 14, 16, 21 and 300-A of the Constitution of India (the Articles are referred to in the prayer itself). They also seek a consequential direction to the respondent not to dispossess the petitioners from the land covered by R.S.No. 8 admeasuring Ac. 9-00 situated at Nagampallam village of Polavaram Mandal, West Godavari District.

(2.) The averments in the affidavit filed by the first petitioner on behalf of other petitioners are as follows:- The petitioners allege that they are the absolute owners and possessors of the land in question. They submit that they purchased the land jointly from Smt. Madipati Satgurudevi who got the land from her grand mother Smt. K. Chinnamma as Pasupu Kumkuma. In turn, Smt. K. Chinnamma, it is stated, purchased the land in the year 1935 from one Pothireddi Gangaiah and Mr. Veeraswamy under a registered document No. 441/1935, dated 4-7-1935. Therefore, it is stated that since 1966 any non-tribal never held the land.

(3.) It is the allegation of the petitioners that the Deputy Tahsildar, Tribal Welfare, lodged a complaint before the respondent alleging that the petitioners were in possession of the above land in contravention of the A.P. Scheduled Areas Land Transfer Regulations 1 of 1959 as amended by Regulation 1 of 1970 (hereafter called the Regulations). Taking cognizance of the complaint, the respondent initiated action. The petitioners filed their written statement along with the documents and the respondent, it is alleged, and that after an elaborate enquiry by an order dated 29-8-1984 found that the petitioners are the absolute owners and possessors of the land in question. According to the petitioners, the Special Deputy Tahsildar did not file any appeal against the order of the respondent dated 29-8-1984 and that the orders passed by the respondent in S.R. No. 120/82, 122/82, 204/82, 295/82 have become final.