( 1 ) THIS Writ Petition is filed by Maharaja alak Narayana Science and Arts Society (for brevity, MANSAS), Vizianagaram, seeking a Writ of Certiorari to call for the records leading to passing of the orders in proceedings Roc. No. VI/808/2001, dt. 25-7-2003 by which second respondent set aside the proceedings of Special Deputy tahsildar (SDT) (Inams), Vizianagaram, dt. 18-11-1978 and subsequent order of the revenue Divisional Officer, Vizianagaram, dt. 30-5-2001 and remitted matter back to the primary tribunal for enquiry under the provisions of Andhra Pradesh (Andhra Area) inams (Abolition and Conversion into ryotwari) Act, 1956 (hereafter called, the act ). The fact of the matter in brief is as follows.

( 2 ) THE Inams Abolition Act came intoforce on 26-9-1956. A Trust Deed dated 12-11-1958 was executed by Kumararaja of vizianagaram constituting MANSAS for the land admeasuring Acs. 20. 00 in S. No. 64-2/3. The land was, however, handed over to the trust on 26-9-1963 to the extent he was entitled to. To have an idea to what is the extent of the land to which he was entitled to, some more details are necessary. Some time prior to 1887, the land in question was given to Venkat Rao Panthulu vide t. D. No. 984. On 20-2-1887 Aadinarayana purchased the land from descendants of venkat Rao. Under registered sale deed dt. 10-8-1904, Poosapati Gajapathi Raju, raja of Vizianagaram, purchased the land admeasuring Acs. 20. 00 from son of adinarayana. The land was leased to selagamsetty Rama Swamy, who is also tenant of Aadinarayana. After death of Rama swamy, his successors cultivated the land. Be it also noted that this was joint family property of Maharaja of Vizianagaram and all these years Selagamsetty people were paying cist to Vizianagaram. A suit being o. S. No. 495 of 1949 was filed on the file of the High Court of Judicature, Madras, for partition of properties of Maharaja. In the final decree proceedings, the property in question fell to the share of Kumararaja, who as noticed created MANSAS trust.

( 3 ) AFTER coming into force of the Act, itappears, by reason of terms of decree in o. S. No. 21 of 1963, dt. 27-9-1963 the land was relinquished in favour of MANSAS by kumararaja Sri Visveswara Gajapati Raju and thereafter it was given to MANSAS.

( 4 ) THE SDT (Inams), made a publicationunder sub-section (3) of Section 3 of the Act on 12-2-1970 which ultimately ended in SDT granting ryotwari patta to MANSAS by proceedings dt. 18-11-1978 of SDT, vizianagaram under Section 7 (1) of the Act. After this,. B. Chiranjeevi, husband of first respondent made an application to secretary MANSAS expressing willingness to purchase Acs. 6,25 at the rate of Rs. 200 per acre stating that he has taken this land on lease from Selagamsetty Narayana for a period of thirteen years prior to grant of patta in favour of the petitioner. First respondent purchased an extent of Acs. 6. 91 from selagamsetty Narayana and seven others for an amount of Rs. 5,000/- and filed a suit for declaration on the file of the Court of senior Civil Judge, Vizianagaram. The said suit being O. S. No. 91 of 1991 was dismissed on 31-7-1997 and ensuing appeal being a. S. No. 82 of 1997 was also dismissed by the Court of Additional District Judge on 13-9-2000. The petitioner also filed a tenancy case, ATC No. 2 of 1991 under section 13 of the Andhra Pradesh (Andhra area) Tenancy Act, 1956 against first respondent for eviction on the ground of default. The same was dismissed on 2g-9-1999. On appeal, however, in a. T. A. No. 2 of 2000 the District Court, vizianagaram, allowed the appeal on 26-9-2000 against which husband of first respondent unsuccessfully filed Civil revision Petition No. 4209 of 2000, which was dismissed on 16-10-2000 by this Court. Thereafter, in E. P. No. 205 of 2000, petitioner took delivery of the property on 14-10-2000 and is allegedly in possession of the land. In the meanwhile, on appeal/application filed by first respondent, fourth responde