Reserved on: 23.12.2025 Pronounced on: 03.0220.2260:2A6P HC:3212 APHC010659772025 [3552]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1342 of 2025 Uppala Ramasatyanarayana, ... Appellant Vs.

The State Of Andhra Pradesh and Others ... Respondent(s)

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Advocate for Appellant: Mr.P R K AMERANDRA KUMAR Advocate(s) for Respondent(s): Mr.K GANI REDDY, GP FOR SOCIAL WELFARE CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 03^rd February, 2026 ORDER: (per Hon’ble Sri Justice Challa Gunaranjan)

This intra-court Appeal is directed against the order dated

07.10.2025 passed by learned Single Judge in W.P. No.38074 of 2018. By the said order, learned Single Judge has relegated the appellant/writ petitioner to avail alternative remedy of preferring appeal before the appellate authority within four weeks from the date of receipt of the order and in turn, the appellate authority was directed to dispose the same within six months thereafter, after providing reasonable opportunity of hearing for both parties concerned and till such time, the parties were directed to maintain status quo.

2. The brief facts of the case in a nutshell are as under:

(a) The subject property admeasuring Acres 0.97 cents in R.S.No.330/1/1, Acres 0.44 cents in R.S.No.331/2 and Acres 4.46 cents in R.S.No.331/3 of Koya Rajahmundry Village, Buttaigudem Mandal, West Godavari District, (hereinafter, ‘subject land’) falls under notified schedule/agency area. The lands falling in the said area are governed by the provisions of The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation No.I of 1959), as amended by Regulation No.1 of 1970.

(b) Initially, the subject land stated to be owned by Smt.Podium Doolamma, a tribe community. She stated to have secured permission from the Assistant Agent to Government, Kovvuru, vide proceedings in D.Dis.No.908/1943, dated 13.09.1943, for alienation and accordingly, the same has been alienated in favour of Maddu Pentayya, non-tribal, through registered sale deed No.980/1943, dated 23.10.1943. The said non-tribe, in turn alienated the subject land in favour of Uppala Siva Ramaiah, through registered sale deed vide Document No.445/1950, dated 27.05.1950. Since then, Uppala family has been in continuous possession and occupation of the subject land and presently, appellant/writ petitioner claims to be in possession and enjoyment as legal heir.

(c) Previously, one Smt.Punam Pakeeramma, wife of Pentayya, along with two others made complaint under Section 3(2)(a) of Regulation I of 1959 before the Special Deputy Collector, Tribal Welfare, Eluru, alleging that the subject land has been transferred in favour of Uppala family, non-tribe, in contravention to the Regulation I of 1959 r/w Regulation I of 1970. The enquiry in S.R.No.34/1978 eventually stated to have ended in favour of Uppala family and by order dated 30.09.1978, the Tribunal has dismissed the petition by holding that the subject land was alienated by Podium Doolappa, Koya tribe, in favour of Uppala family after securing prior permission from Assistant Agent to Government, Kovvur, in proceedings vide D.Dis.No.908/1943, dated 13.09.1943, issued under Section 4(1) of Act I of 1917.

Therefore, there was no contravention as alleged.

(d) Subsequently, yet again second complaint came to be instituted by the Special Deputy Tahsildar, K.R.Puram, on very same set of allegations that the initial transfer from Podium Doolappa, tribe community, in favour of Uppala family was without any prior permission, the Tribunal after enquiry dismissed the complaint vide S.R.No.68/2004 on 20.05.2005 by holding that it has no jurisdiction to reopen the case once again which earlier ended in favour of Uppala family on appreciation of the evidence on record as the same amounted to res judicata.

(e) That being so, in third round, the unofficial respondent stated to have made yet again a complaint under Section 3(2)(a) of Regulation I of 1959 with