APHC010307922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15489/2025 Between: 1. RAMESWARAM GOPINATH, S/O.LATE UTTANNA, AGED ABOUT 37 YEARS, OCC AGRICULTURE, R/O.D.NO.6-135, PEDAVEEDHI, BUSIGUDEM VILLAGE RAMPACHODAVARAMMANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SPECIAL DEPUTY COLLECTOR TRIBAL WELFARE, RAMPACHODAVARAM, ALLURI SITHARAMA RAJU DISTRICT. 3. THE TAHSILDAR, RAMPACHODAVARAM, ALLURI SITHARAMA RAJU DISTRICT. 4. THE SPECIAL DEPUTY TAHSILDAR TRIBAL WELFARE, RAMPACHODAVARAM, ALLURI SITHARAMA RAJU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a Writ or order or direction more particularly one in the nature of writ of MANDAMUS declaring proceedings initiated by the 2nd respondent and issuing notice dated 29.05.2025 in LTRP No.24 of 2021 against the petitioner (who is a member of Scheduled Tribe-Yerukula 2 community) under the provisions of A.P.Scheduled Areas Land Transfer Regulation 1/59 as amended by 1/70 as wholly illegal arbitrary and unjust and consequently quash the proceedings in LTRP No.24 of 2021 on the file of the 2nd respondent in the interest of justice and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay all further proceedings in LTRP No.24 of 2021 on the file of the 2nd respondent pending disposal of the above writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. MUSUDI BABJI Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following order: Heard Sri Musudi Babji, learned counsel for the petitioner, Smt. Swapna Priya, learned Assistant Government Pleader for Social Welfare for respondents 1, 2 and 4, and Sri Bhagat Singh, learned Assistant Government Pleader for Revenue for the 3rd respondent. 2. Challenging the proceedings in LTRP No.24 of 2021 on the file of the 2nd respondent, the Special Deputy Collector (Tribal Welfare), Rampachodavaram, Alluri Sitarama Raju District; the above writ petition has been filed. 3. Learned counsel for the petitioner would contend that the petitioner is the absolute owner and possessor of 170 sq yards of house property bearing D.No.6-135, Assessment No.1120 situated at Market Street, Rampachodavaram Village and Mandal, Alluri Sitarama Raju District. The petitioner purchased the said land from Kommana Parvathi, w/o late Kommana Venkateswara Rao, who is a non-tribe under an unregistered sale deed dated 01.08.2015. After the purchase of the said property, the petitioner 3 got approval for the construction of a building and later constructed an RCC building. 4. Be that as it may, the 4th respondent filed a complaint under Section 2(a) of Andhra Pradesh Schedule Areas Land Transfer Regulation, 1959, as amended by regulation 1/70, against Manyam Vardhini Printing Press, Rampachodavaram Village. The petitioner was impleaded as 2nd respondent and filed a counter on 16.06.2022. 5. Learned counsel would contend that as per regulation 3(1) (a) of regulation 1/59 as amended by 1/70, the petitioner, being a tribe, can purchase a property from a non-tribe and hence, LTRP.No.24/2021 on the file of the 2nd respondent needs to be dismissed. 6. Learned Assistant Government Pleader on instructions would contend that in the LTRP.No.24/2021, several hearings were conducted, and it is posted for hearing on 26.06.2025. 7. Since the LTRP.No.24/2021, is posted for hearing on 26.06.2025, without touching the merits of the case, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel directing the learned 2nd respondent to pass appropriate orders in LTRP.No.24/2021 keeping in view the regulation 3(1) (a) of regulation 1/59 as amended by 1/70 as expeditiously as possible within two (02) months from the date of receipt of copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 26.06.2025 SNI 4 244 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15489/2025 Date: 26.06.2025 SNI