Extracted from the PDF above. The PDF is authoritative.
APHC010310412025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15697/2025 Between:
1. POOSAM HEMALATHA, D/O.LATE NAGAMANI, AGED ABOUT 44 YEARS, OCC CONTRACT EMPLOYEE, R/O.D.NO.6-65, CHELAKA VEEDHI, MAREDUMILLI VILLAGE AND MANDAL, ALLURI SITHARAMA RAJU DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, 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
3. THE TAHSILDAR, .RAMPACHODAVARAM, ALLURI SITHARAMA RAJU DISTRICT.
4. THE SPECIAL DEPUTY TAHSILDAR, (TRIBAL WELFARE), RAMPACHODAVARAM, ALLURI SITHARAMA RAJU DIS
...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 toPleased stay of all further proceedings in LTRP No.23 of 2021 on the file of the 2ND respondent pending disposal of the above writ petition 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 pleased stay of all further proceedings in LTRP No.23 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.23 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 an extent of 60 square yards of house property bearing D.No.6-65, Assessment No.2316 situated at Rampachodavaram Village and Mandal, Alluri Sitarama Raju District. The petitioner purchased the said land from Golthi Sivaranjani, W/o late Golthi Srinivasa Rao, who is a non-tribe under an unregistered sale deed dated
18.08.2018. After the purchase of the said property, the petitioner 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 one K.V.Rao, resident of 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.23 of 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.23 of 2021, several hearings were conducted, and it is posted for hearing on 26.06.2025.
7. Since the LTRP.No.23 of 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.23 of 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 PVD