PILLARISETTI HARINATH BABU Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) This writ petition is filed seeking writ of mandamus declaring the action of respondent No.1in initiating the proceedings under LTR Case No.50/2008/MGR,Dt 3/1/2008 and declare the same as illegal, arbitrary, without authority of law and unconstitutional.

(2.) Brief facts of the case:

(3.) Respondent No.3 filed counter denying the allegations made by the petitioners contending that they are not the owners of the land to an extent of Acs.1.31 guntas in Survey No.228, Bandarugudem village, Manguguru Mandal, Khammam District and the property belongs to respondent No.3 and he acquired it from his ancestors. He further submits that his grandfather has not sold the land to the petitioner No.1 in the year 1961. The village pahani shows that the ownership is vested with his grandfather till 1995-96 and in the crucial year of 1962-63 and 1963-64, not only ownership but possession was also with his grandfather. Petitioner No.1 entered as purchaser with effect from 23/2/1966. Such purchase from a tribal by a non-tribal is hit by Regulations.