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1999 Supreme(AP) 1160

Andhra Pradesh High Court
Judges : V.V.S.RAO
Kapa Veerabhadrudu - Appellant
Versus
Special Dy.Collector, Tribal Welfare, Kota amachandrapuram - Respondent
Decided On : 12-21-99

Headnote:

Civil Procedure Code , 1908 - Constitution of India - Articles 14 , 16 , 21 , 300 , 470 , 226 and 225 - Urban Land Act, 1976 – Section 34 , 24 - A. P. Regulation 2/70 - Section 9 – Land - Petitioners allege that they are absolute owners and possessors of land in question - They submit that they purchased land jointly who got land from her grand mother - In turn, it is stated, purchased land in year 1935 from one under a registered document - Therefore, it is stated that since 1966 any non-tribal never held land – Held , In this case, admittedly, petitioners submitted written statement after receiving show-cause notice - At this stage any interference by this Court would result in miscarriage of justice, if any finding were recorded against petitioners - Further questions whether sale deed under which purchased property is valid, whether gave property towards and whether petitioners purchased property are all matters to be considered by respondent - That respondent already decided in favour of petitioners may also be relevant when respondent decide matter - At this stage, this writ petition is not maintainable - Further, petitioners have approached this Court after about one year of receipt of show-cause notice - This is a strong circumstance, which goes against petitioners - Writ Petition dismissed

V. V. S. RAO, J.

( 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.

( 4 ) ALL of a sudden after a lapse of 20 years, it is alleged that the respondent issued a notice to the petitioners vide SR no. 546/98, dated 28-12-1998 alleging that the petitioners are in possession and enjoyment of the land in question in contravention of the provisions of the regulations. The petitioners approached the respondent and produced the earlier orders passed by the respondent. But as the respondent refused to look into the order and openly threatening to dispossess the petitioners, they approached this Court.

( 5 ) THE show cause notice dated 28-12-1998 (issued about one year ago) has not been filed along with the Writ Petition. The order of the respondent dated 29-8-1984 said to have been passed is also not filed. A copy of the order in A. P. No. 96/78/82, dated 26-11-1997 is annexed to the Writ petition. The said order is passed by the director of Settlements, Hyderabad. This is an order in appeal under Section 9 (3) of a. P. Regulation 2/70, against the order of the Settlement Officer, Eluru in S. R. No. 533, 523 and 524/77, dated 30-7-1977. As seen from the order, the four petitioners herein were the appellants. The Director of settlements allowed their appeal holding that their possession is valid under regulation 1 of 1959 as amended by regulation 1/70. This order of the Director of Settlements makes a reference to the orders of the respondent as follows:"besides the above a perusal of the orders passed by the Spl. Dy. Collector (TW) Eluru in SR. Nos. 120/82,122/82, 294/82 and 296/82, dated 22-2-1988, 441/79 dated 29-3-1984,462/79, dt 26- 6-1985, 120/82 dt. 21-2-1988, 121/82, dt 21-2-1988 clearly show that the competent authority under the provisions of L. T. Enactments had enquired into the possession and enjoyment of the appellants over the suit land under the L. T. Act 1/1917 and L. T. Reg. 1/59 as amended by











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