WP/24200/2006 of P. Krishna Kumari Vs Agent to the Government Cum District Collector, on 28 December 2006

THE HON'BLE Ms. JUSTICE G.ROHINI

WRIT PETITION NO: 24200 of 2006

Dated: 28-12-2006

Between:P.Krishna KumariANDAgent to the Government cum District Collector,Visakhapatnam District,Visakhapatnam and 2 others.

..... PETITIONER

.....RESPONDENTS

THE HON'BLE Ms. JUSTICE G.ROHINI

WRIT PETITION NO: 24200 of 2006

This writ petition is filed seeking a declaration that the action of the 2[nd] respondentin taking up the proceedings in LTR No.55 of 2003 as arbitrary and illegal.

The petitioner pleaded that LTR No.55 of 2003 which was taken up on a complaintmade by the petitioner alleging that the 3[rd] respondent herein is in possession of theland in question in contravention of the provisions of the Andhra Pradesh ScheduledAreas Land Transfer Regulation 1 of 1959 was allowed by order dated 07-01-2004and the appeal preferred by the 3[rd] respondent is pending before the 1[st]respondent. It is contended thatW.P.No.117 of 2006 filed by the petitioner was disposed of by this Court with adirection to the 1[st] respondent to decide the appeal on merits and therefore, theimpugned action of the 2[nd] respondent in reopening the enquiry in LTR NO.55 of2003, while the appeal is still pending, is arbitrary and illegal.

This Court, while directing notice, granted interim stay of all further proceedings inLTR No.55 of 2003. However, the learned Government Pleader for Social Welfare,under instructions, submitted that as a matter of fact, the appeal A.S.No.2 of 2006was allowed by the 1[st] respondent on 04-09-2006 itself, thereby setting aside theorder of eviction, dated 07-01-2004, and remanding the matter back to the SpecialDeputy Collector, Tribal Welfare for fresh enquiry. Learned Government Pleaderalso submitted that the impugned notice, dated 26-09-2006, was issued during thecourse of fresh enquiry taken up by the Special Deputy Collector pursuant to theorder of the appellate authority, dated 04-09-2006, which was served on the petitioner by affixture on 07-10-2006 since he was not available, at his residence.

Be that as it may, since it is clear that the appellate authority had disposed of theappeal and the matter was remitted back to the Special Deputy Collector, I amunable to hold that the impugned notice is either arbitrary or illegal.

Accordingly, the writ petition is dismissed. However, the petitioner is granted libertyeither to challenge the order dated 04-09-2006 by working out the appropriate remedy as available under law or toparticipate in the enquiry pending before the Special Deputy Collector. No costs.

______________G. ROHINI, J

Dated: 28-12-2006KLP