Fresh land transfer proceedings are barred by res judicata when prior proceedings and civil suit have attained finality, absent allegations of fraud.

ORDER :

NYAPATHY VIJAY, J.

1. The present Writ Petition is filed questioning the orders passed by Respondent No.4 in G.O.Ms.No.10, Social Welfare (LTR-2) Department, dated 01.02.2013, rejecting the revision and confirming the orders in C.M.A. No.10 of 2004, dated 22.10.2005, passed by Respondent No.1 as arbitrary and contrary to law and facts.

2. The facts leading to this case are as follows:-

The grandfather of the Petitioner by name late Chaliki Krishna Murthy, is said to have purchased an extent of Ac.19.20 Cents of land in Survey Nos.80/1, 80/2, 70/2, and 70/3 of Gondulu Village, Addateegala Mandal, East Godavari District, under a registered sale deed, vide document No.244/49, dated 10.03.1949, from one Indulapalli Gangulu. The land is situated in a scheduled area, and the Petitioner is non-tribal. It is stated that the mother of the Petitioner succeeded to the property as the sole legal heir.

3. While so, Special Deputy Tahasildar, Tribal Welfare, Addateegala filed a complaint before the Respondent No.2 under Section 3 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 [Regulation No.I of 1959] (hereinafter referred to as 'the Regulation') for restoration of land mentioned to the Government from the mother of the Petitioner i.e., Katuri Seshayamma and Respondent No.5 i.e., late Indugabilli Vimalamma. The case was registered as L.T.R.P.No.308 of 2002 and the Respondent No.2 (Special Deputy Collector (Tribal Welfare) Rampachodavram, East Godavari District) vide orders dated 26.09.2003 dismissed the case and directed the Respondent No.3 to restore Ac.8.00 Cents in Survey No.80-1 and 80-2 to Respondent No.1 and the balance extent of land of Ac.8.32 Cents in Survey No.80-1 and 80-2 to the Respondent No.2.

4. The Respondent No.5 filed an appeal thereon, questioning the orders of Respondent No.2 under Section 3(3)(a)(b) of the Regulation and Rule 8(2) of the Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969, before Respondent No.1. Curiously, the Respondent No.1/Appellate Authority, vide orders dated 22.10.2005, set aside the orders passed by Respondent No.2 in L.T.R.P.No.308 of 2002 and ordered for restoration of the entire scheduled property to the Government for onward assignment to eligible tribes and dismissed the appeal accordingly. The Respondent No.3/Mandal Revenue Officer was directed to comply with the orders and to send compliance report.

5. Thereupon, the mother of the Petitioner i.e., Katuri Seshayamma, filed a revision before the Government questioning the said orders. No revision was filed by the Respondent No.5. The Government after considering the submissions of the Revision-Petitioner as well as Respondent No.5 dismissed the revision vide G.O.Ms.No.10, Social Welfare (LTR-2) Department, dated 01.02.2013. Hence, the present Writ Petition is filed.

6. Respondent No.5 filed a counter affidavit, and during the pendency of the present Writ Petition, Respondent No. 5 died, and her son, i.e., Respondent No.6 was brought on record. In the counter affidavit filed by Respondent No.5, it was stated that the extent of Ac.19.20 Cents in Sy.No.80/1, 80/2, 70/2, and 70/3 situated in Gondulu Village, Addateegala Mandal, East Godavari District, belongs to her father-in-law by name Indulapalli Gangulu under a resettlement patta in the year 1932. It was further submitted that in the year 1978, the then Special Deputy Tahasildar/Respondent No.3 filed L.T.R.P.No.459 of 1978 under Section 3 of the Regulation against the father of the Writ Petitioner as well as the Respondent No.5 and her family members.

7. After due examination of the case, Respondent No.2 passed orders for ejectment of the father of the Petitioner i.e., late Katuri Adinarayana Murthy and another person namely Palacharla Sree Ramulu from the scheduled property and further directed the property be restored to the Respondent Nos.4 to 7 with standing crops, trees, timber, etc., if any.

8. It was further submitted that the orders were confirmed by Respond