Telangana High Court
WP/463/1996 of Dantuluri Bramaramba Vs Special Deputy Collector (T.W) on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 463 of 1996 Between: 1 Dantuluri Bramaramba, W/o. D.V.Suryanarayana Raju, Srinagar
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE R.SUBHASH REDDYWRIT PETITION NO : 463 of 1996
Between:
1 Dantuluri Bramaramba, W/o. D.V.Suryanarayana Raju, Srinagar Kothagudem.
2 D.Venkata Krishnam Raju, S/o. D.V.Suryanarayana Raju, Srinagar Kothagudem.
3 D.Seetharamachandra Raju, S/o.D.V.S.Raju, Sainagar Kothagudem, Khammam District.
AND
..... PETITIONERS
Special Deputy Collector (T.W)
Paloncha, Khammam District.
2 Mandal Revenue Officer, Tekulapally Mandal, Khammam District.
3 K.Satya Prasada Rao,
Hemachandrapuram Village, Kothagudem Mandal, Khammam District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may bepleased to call for the records in case NO.284/95/Tkp on the file of the 1strespondent herein and to issue an appropriate writ, order or direction directingthe respondents to communicate the orders in case No.284/95 and not todisturb the possession of the petitioners from the lands in Sy.No.303/2 extentof Ac.25-00 Gangaram Village, Tekulapally Mandal, Khammam District.
Counsel for the Petitioner: MR.R.KAMESWAR RAO
Counsel for the Respondent No.1 & 2: GP FOR SOCIAL WELFARECounsel for the Respondent No.3:MR. K.RAMESH BABU
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ORDER:
This writ petition is filed seeking directions to respondents not todispossess from the land in Sy.No.303/2 admeasuring Ac.25-00centssituated at Gangavaram Village, Tekulapally Mandal, KhammamDistrict. Even before communication of the orders passed on theproceedings initiated under the provisions of A.P.Scheduled areasland Regulation 1 of 1959 as amended by Act 1 of 1970.
It is the case of the petitioner that they are the owners andpossessors of the land in Sy.No. 303/2 admeasuring Ac.25-00centssituated at Gangavaram Village, Tekulapally Mandal, KhammamDistrict. It is their case that the transfer made in their favour is not hitby the provisions of the Act 1 of 1959 and its further amendments.Four proceedings were initiated on the file of the first respondent-Special Deputy Collector, Tribal Welfare, Paloncha. The petitionerparticipated in the enquiry. But it is the plea of the petitioner that nofinal orders are communicated to them and even then steps havebeen taken to dispossess them pursuant to the proceedings initiatedunder the provisions of land transfer regulations.
In the counter-affidavit filed on behalf of the respondents, it is statedthat ejection decree which is passed is transmitted to the MandalRevenue Officer, Tekulapally Mandal for service on the petitioners.
If any adverse order is passed for eviction under regulation 1 of 1959as amended by Regulation 1 of 1970, there is a remedy of appeal tothe District Collector, who is an agent to the Government. If anyadverse order and decree is passed against the petitioner for theland in question, they are entitled for a copy thereof. In that view of the matter, I dispose of the writ petition directing the respondents 1and 2 to supply a copy of the order and decree passed against thepetitioners for eviction in land transfer regulation proceedings initiatedagainst them. If the order copy along with the decree is served on thepetitioners, no steps shall be taken to dispossess the petitioners fromthe land in question. On receipt of the orders, it is open for thepetitioners to question the same by availing statutory remediesavailable under the law.
Subject to the above directions, the writ petition is disposed of. Noorder as to costs.
______________________ R.SUBHASH REDDY, J
30.12.2004
dr
To
1 Special Deputy Collector (T.W)
Paloncha, Khammam District.
2 Mandal Revenue Officer, Tekulapally Mandal, Khammam District. Khammam District.
3 2CCs to Government Pleader for Social Welfare, High Court
Buildings, Hyderabad. (OU)
4 2CD copies