ORDER:

The petitioners filed this writ petition challenging G.O.Ms.No.149, Social Welfare (TW.LTR-1) Department, dated 30.08.2018, wherein the 1st respondent allowed the revision petition of the 6th respondent by setting aside the orders of the Special Deputy Collector (TW), K.R.Puram passed in S.R.Nos.728, 731 and 732 of 1990 dated 15.10.1992 and also the order passed by the 2nd respondent/District Collector-cum-Agent to the Government, Eluru in S.R.A.No.24 of 1992 in respect of Ac.11.39 cents in R.S.Nos.7, 12, 13 & 18 of Muddappagudem Village, Butaigudem Mandal, West Godavari District, as illegal, arbitrary and in violation of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959 (Regulation 1 of 1959) as amended by the Andhra Pradesh Scheduled Areas Land Transfer (Amendment) Regulation, 1970 (Regulation 1 of 1970) and consequently to direct the respondents 2 to 4 not to interfere with the petitioners’ peaceful possession and enjoyment of their landed properties and not to evict them without due process of law.

2. The brief facts of the case are that the petitioners belong to Koya by caste which is Scheduled Tribe and they are permanent residents of Muddappagudem Village, Buttayagudem Mandal since long back and it is an agency area. They got ancestral properties from their ancestors viz., Erapa Mugappa S/o.late E.Lalu and Erapa Nandappa S/o.late E.Lalu, who were the original pattadars as per Re-Settlement Register (RSR), 1933. They are the successors of the properties to an extent of Ac.3.83 cents in R.S.No.7, Ac.3.02 cents in R.S.No.12 and Ac.2.00 in R.S.No.18 of Muddappagudem Village, Buttayagudem Mandal, West Godavari District, which was stood in the name of late Erapa Mugappa. The land to an extent of Ac.2.54 cents in R.S.No.13 was stood in the name of late Erapa Nandappa of Muddappagudem Village, Buttayagudem Mandal, West Godavari District. Their aforesaid predecessors are having undisputed title and interest over the said landed properties and after their death, the said properties are in the possession of their successors. They being illiterates are not aware about the properties as well as the particulars of their predecessors-in-title in their village. However, the said lands are under the illegal possession and enjoyment of the father of the 6th respondent by name M.Ratayya and another by name Smt. Nimmagadda Narasamma of Kovvada village in contravention of Section 3(1) of the Regulation 1 of 1959 as amended by Regulation 1 of 1970. The then Special Deputy Tahsildar (TW), No.II K.R.Puram had filed claim petitions before the Special Deputy Collector (TW), K.R.Puram, West Godavari District under Section 3(2)(a), stating that the scheduled mentioned lands are situated in an agency area and the respondents who are non-tribals are in possession and enjoyment of the lands and requested to enquire into the matter and to pass ejectment orders against them and the lands may be ordered to be assigned to the eligible landless poor tribals or to legal heirs of original pattadar/original transferor. The said claims were numbered as S.R.Nos.728/90, 731/90 and 732/90. The Special Deputy Collector (TW), K.R.Puram had conducted enquiry and allowed the claim in respect of Ac.11.39 cents in R.S.Nos.7, 12, 13 & 18 and against M.Rattayya, father of 6th respondent and also allowed the claim in respect of Ac.5.80 cents in R.S.No.24 and against Nimmagadda Narasamma, by allowing the S.R.Nos.728/90, 731/90 and 732/90 dated 15.10.1992. The ejectment orders also passed by the Special Deputy Collector and directed the Revenue Inspector to take possession of the said properties from M.Rattayya, father of 6th respondent. Then, the father of the 6th respondent had filed S.R.A.No.24/1992 before the 2nd respondent for setting aside the order dated 15.10.1992 passed by the Special Deputy Collector (TW), K.R.Puram. During pendency of appeal, the father of the 2nd respondent was died and the 6th respondent was added as L.R. in the app