APHC010787682018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 38074/2018 Between: 1. UPPALA RAMASATYANARAYANA, S/O. UPPALA LAXMINARAYANA, AGED 52 YEARS,R/O. H.NO.3-103, BUTTAIGUDEM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT-A.P., ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ASSISTANT AGENT TO GOVERNMENT, PROJECT OFFICER, ITDA, K.R.PURAM, WEST GODAVARI DISTRICT 3. THE SPECIAL DEPUTY COLLECTOR TRIBAL WELFARE, K.R.PURAM, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, BUTTAIGUDEM MANDAL,BUTTAIGUGEM, WEST GODAVARI DISTRICT- A.P. 5. SRI PODIUM NAGESWARA RAO, S/O. BHEEMUDU,AGED 40 YEARS, R/O. CHANDRAYYAGUDEM VILLAGE, BUTTAIGUDEM MANDAL, WEST GODAVARI DISTRICT-A.P. ...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 issue order direction more particularly one in the nature of writ of MANDAMUS to declare the proceedings of 3rd respondent in case SR No.26/2016, dated.28.08.2018 as illegal, arbitrary and without having SRK, J WP No.38074 of 2018 2 jurisdiction under the provisions of APSALT Reg.1/59 as amended by Reg.1/70 and consequentially set aside the same. Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. K GANI REDDY 2. GP FOR SOCIAL WELFARE (AP) SRK, J WP No.38074 of 2018 3 The Court made the following ORDER: This Writ Petition has been filed by the petitioner questioning the order, dated 28.08.2018 in S.R.No.26 of 2016 passed by 3rd respondent - The Special Deputy Collector (TW), K.R.Puram 2. It is the case of the Writ Petitioner that he is owner and possessor of agricultural land covered in R.S.No.330/1/1 to an extent of Ac.0-97 cents, R.S.No.331/2 to an extent of Ac.0-44 cents and R.S.No.331/3 to an extent of Ac.4-46 cents situated at Koya Rajahmundry Village, Buttaigudem Mandal, West Godavari District. The subject land was purchased by his grandfather Uppala Shivaramayya under a Registered Document dated 27.05.1950 from one Smt. Maddu Rattamma @ Attamma, w/o Pattiyya (non-tribe) who in turn purchased the said land from Podium Doolamma through Registered document dated 23.10.1943 after obtaining necessary permission from the Assistant Agent, Kovvur. Since the land is situated in Agency of West Godavari District, one Smt. Punam Pakeeramma who belongs to ST community and two others filed complaint before the Special Deputy Collector (TW), Eluru. After conducting enquiry, it was concluded that there is no contravention of the Regulations and said complaint was dismissed. Against the said order, no appeal was preferred. Again another complaint was SRK, J WP No.38074 of 2018 4 filed against his father, in which, proceedings were dropped on the ground that there is no jurisdiction to re-open the case which was disposed of, by the same authority previously. In the year 2016, 4th respondent herein again filed another complaint which was registered as S.R.No.26/2016 and the same was allowed observing that possession of subject land by the petitioner herein is in contravention of the provisions laid down in Regulation of 1/70. Challenging the said order, the present Writ Petition is filed. 3. A perusal of the impugned order goes to show that an appeal lies before the Additional Agent to the Government and Project Officer, ITDA, K.Puram, West Godavari District. 4. When it is categorically stated that an appeal lies before the authority concerned, without going to the merits of the case, this Court is of the opinion that the petitioner can be relegated to avail the appeal remedy. 5. Accordingly, the writ petition is disposed of, leaving open to the petitioner to file appeal before the Project Officer, ITDA, K.Puram, West Godavari District, within a period of four (4) weeks from the date of receipt of copy of this order. Thereafter, the Project Officer, ITDA, K.Puram, West Godavari District, is directed to dispose of the same within a period of six (6) months from the date of filing of the appeal after giving reasonable SRK, J WP No.38074 of 2018 5 opportunity to both the parties. Until such time, both the parties are directed to maintain status-quo. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date: 07.10.2025 ARB SRK, J WP No.38074 of 2018 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.38074 of 2018 Date: 07.10.2025 ARB