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2002 Supreme(AP) 695

Andhra Pradesh High Court
Judges : DALAVA SUBRAHMANYAM, S.R.NAYAK
Special Deputy Collector (Tribal welfare), Rampachodavaram, East godavari Dist. - Appellant
Versus
Datla Venkapathi Raju - Respondent
Decided On : 06-13-02

Headnote:

Civil Law – Civil Matter - Land Transfer Regulation 1959 – Sub Section (2) and (3) of Section 3 - Land Transfer Rules, 1969 - Rule 7 - Rule 7 (2) - Writ of Mandamus - Petitioner as stated in affidavit filed in support of writ petition be summarized briefly as under - Lands i. e. , sy. Nos. 244/2 admeasuring Ac. 1-03 cents, s. No. 244/1 admeasuring 0-78 cents, 244/8 admeasuring 1-08 cents situate in village, E. G. District were acquired by father of petitioner after obtaining required permission from then Assistant Agent to Government in year 1940 and since then petitioner s father, and after his demise, petitioner has been in possession and enjoyment of schedule lands - At instance of 2nd respondent, L. T. R. P. was instituted before Special Deputy collector against petitioner for restoration of schedule lands - 1st appellant after necessary enquiry, dismissed L. T. R. P. - Aggrieved by said order, 2nd respondent filed appeal C. M. A. to Agent to Government - Agent to Government, by his allowed appeal and directed restoration of schedule lands to 2nd respondent - Against said order of Agent to Government, 1st respondent herein filed W. P. No. 13847 of 1984 in this Court and this Court quashed above order of Agent to government by its - Against said order of learned Single judge, W. A. was preferred and that was also dismissed by Division bench of this Court on 3-2-1994 and said order was allowed to become final – Held, Court says that parties to earlier proceeding and present proceeding are different - Further, issue that arose in earlier proceeding and issue that arises for consideration and decision in present proceeding are also different - In addition, this Court in one case (supra) in principle of res judicata or a principle analogous thereto shall be applied with caution and circumspection in dealing with a case arising under Regulation meant for the protection of tribes - If proceedings were dropped earlier for reason that 3rd respondent-tribal could not produce sufficient evidence, it does not preclude a subsequent enquiry - Hence, Court am not inclined to accept contention of learned Counsel in this regard - Foregoing reasons,court cannot sustain order of learned Single Judge - Accordingly, and order of learned Single Judge is set aside and Writ Petition No. 13933 of 1998 is dismissed with no order as to cost - As a consequence thereof, it is now open to spl. Dy. Collector (TW), Rampachodavaram, 1st appellant herein, to take further steps pursuant to notice in Form-E issued to 1st respondent under Rule 7 (2) of rules, in accordance with law – Writ Petition Allowed.

S. R. NAYAK, J.

( 1 ) THIS Writ Appeal is directed against the order of the learned Single Judge dated 12-2-1999 made in W. P. No. 13933 of 1998 and it is filed by the Special deputy Collector (Tribal Welfare), rampachodavaram, East Godavari District, the Special Deputy Tahsildar (Tribal welfare), Rajavommangi, East Godavari district and the Mandal Revenue Officer, rejavommangi, East Godavari, the appellants 1,2 and 3 respectively. The 1st respondent herein filed the above writ petition praying for the following relief:". . . . . the High Court will be pleased to issue a Writ of Mandamus or any other appropriate writ, declaring the action of the 1st respondent in entertaining l. T. R. P. Nos. 110/96,19/97 and 88/97 as illegal, without jurisdiction and barred by res judicata under Rule 8 of the Agency Rules and consequently direct respondents 1 and 2 to drop all further proceedings in this regard. "the learned Single Judge having opined that the L. T. R. P. Nos. 110/96,19/97 and 88/97 filed before the Special Deputy Collector (Tribal Welfare), Rampachodavaram, East godavari District, are not maintainable in view of the earlier order made by his predecessor in office on an application filed by Kalimkota Rajulamma, the 2nd respondent herein (4th respondent in the writ petition), allowed the writ petition.

( 2 ) THE case of the petitioner (1st respondent herein) as stated in the affidavit filed in support of the writ petition be summarized briefly as under: The lands i. e. , sy. Nos. 244/2 admeasuring Ac. 1-03 cents, s. No. 244/1 admeasuring 0-78 cents, 244/8 admeasuring 1-08 cents situate in rajavommangi village, E. G. District (hereinafter referred to as schedule lands ) were acquired by the father of the petitioner after obtaining required permission from the then Assistant Agent to the Government in the year 1940 and since then the petitioner s father, and after his demise, the petitioner has been in possession and enjoyment of the schedule lands. At the instance of the 2nd respondent, L. T. R. P. No. 688 of 1979 was instituted before the Special Deputy collector (Tribal Wealfare), against the petitioner for restoration of the schedule lands. The 1st appellant after necessary enquiry, dismissed L. T. R. P. No. 688 of 1979. Aggrieved by the said order, the 2nd respondent filed appeal C. M. A. No. 75 of 1980 to the Agent to the Government. The agent to the Government, by his order dated 3-9-1984, allowed the appeal and directed restoration of the schedule lands to the 2nd respondent. Against the said order of the Agent to the Government, the 1st respondent herein filed W. P. No. 13847 of 1984 in this Court and this Court quashed the above order of the Agent to the government by its order dated 22-8-1985. Against the said order of the learned Single judge, W. A. No. 32 of 1984 was preferred and that was also dismissed by the Division bench of this Court on 3-2-1994 and the said order was allowed to become final.

( 3 ) THE 2nd respondent, again, filed l. T. R. P. No. 110/96 before the 1st appellant seeking redelivery of the schedule lands on the ground that some new facts had come to her notice with regard to the schedule lands. Smt. Cheedipalli Tutayya s/o Nookaraju, the third respondent herein, filed a petition before the 2nd appellant herein seeking restoration of the lands measuring in all ac. 9-25 cents in S. Nos. 44/2, 44/3, 244/3, 244/5,244/12 and 244/13 of Rajavommangi village. The same was taken on file by the 1st appellant as L. T. R. P. No. 19 of 1994 (sic. 1997 ). The first appellant, after conducting necessary enquiry, dismissed L. T. R. P. No. 19 of 1994 on 30-6-1994 and that order had become final. Again, the 3rd respondent herein filed L. T. R. P. No. 88 of 1997 before the 1st appellant seeking the above same relief. Thus, the 2nd appellant filed the above noted L. T. R. P. Nos. 110/96, 19/97 and 88/97 on behalf of respondents 2 and 3 herein. In the premise of the above facts, the 1st respondent herein filed the a

































































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