APHC010209022010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15724/2010 Between: 1. BILLA KANNAIAH,, S/O. GANGA RAJU, KODAKAPU S.T., RAMPACHODAVARAM VILLAGE, ILLA LACHIREDDYVARI STREET, RAMPACHODAVARAM MANDAL. 2. ILLA PENTAREDDY,, S/O. JOGI REDDY, KODAKAPU S.T., RAMPACHODAVARAM VILLAGE, ILLA LACHIREDDYVARI STREET, RAMPACHODAVARAM MANDAL. 3. VILLA POSAIAH,, S/O. KANNAIAH, KODAKAPU S.T., RAMPACHODAVARAM VILLAGE, ILLA LACHIREDDYVARI STREET, RAMPACHODAVARAM MANDAL. 4. BORAJA KANNAIAH DORA,, S/O. JOGI DORA, KODAKAPU S.T., RAMPACHODAVARAM VILLAGE, ILLA LACHIREDDYVARI STREET, RAMPACHODAVARAM MANDAL. 5. ULLI VENKANNA DORA,, S/O. CHELLANNA DORA, KODAKAPU S.T., RAMPACHODAVARAM VILLAGE, ILLA LACHIREDDYVARI STREET, RAMPACHODAVARAM MANDAL. ...PETITIONER(S) A N D 1. GOVERNMENT OF ANDHRA PRADESH, RE. BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3. THE TAHSILDAR, RAMPACHODAVARAM MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): SRK, J W.P.No.15724 of 2010 2 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 a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents in initiating steps for dispossession of the petitioners and other schedule Tribals from their ancestral property, in Sy.No. 1-9, 12,13, 16 to 22 of Rampa Village, Rampachodavaram Mandal to the extent of Ac. 197.25 cents specifically covered by the order in LTRP 318 of 2003 dt. 2- 12-2003 is ultra vires and illegal, and further declare that the respondents cannot dispossess the tribals from the above mentioned lands without deciding/adjudicating about the rights of the tribals in scheduled areas IA NO: 1 OF 2010(WPMP 19806 OF 2010) 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 restrain the authorities from interfering with the agricultural operations taken up by the petitioners and other schedule Tribals in their ancestral property in Sy.Nos.1 to 9, 12, 13, 16 to 22 of Rampa Village, Rampachodavaram Mandal to the extent of Ac. 197.25 cents specifically covered by the order in LTRP No. 318 of 2003 dt. 2-12- 2003 Counsel for the Petitioner(S): 1. K S MURTHY Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: SRK, J W.P.No.15724 of 2010 3 O R D E R: Heard the learned counsel for the petitioners and learned Government Pleader for Tribal and Social Welfare representing respondent Nos.1 to 3. Perused the entire material available on record. On the request of both the learned counsel, this Writ Petition is taken up for disposal. 2. This Writ Petition was filed seeking the following relief: “to issue a Writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of respondents in initiating steps for dispossession of the petitioners and other schedule Tribals from their ancestral property in Sy. Nos.1-9, 12, 13, 16 to 22 of Rampa village, Rampachodavaram Mandal to the extent of Ac.197.25 cents specifically covered by the Order in LTRP No.318 of 2003, dated 02.12.2003, as ultra vires and illegal and consequently, declare the respondents not to dispossess the Tribals from the above mentioned lands without deciding/adjudicating about the rights of the Tribals in the scheduled areas and pass such other order or orders …’ 3. Contents of the affidavit filed by 1st Writ Petitioner, in brief, are that, he filed affidavit on his behalf and on behalf of other Writ Petitioners. That nearly 125 families of Tribal Communities have been in possession of lands, spread out in various survey numbers of Rampa village and they were in possession of land for generations since the days of Rampa Mutha and they have been SRK, J W.P.No.15724 of 2010 4 cultivating it collectively without there being any sub-division by metes and bounds etc. In the year 2003, when the local landlords and revenue authorities resorted to various methods to dispossess the tribals, they got filed LRTP No.318 of 2003 claiming that the land is in possession of non-tribals and they have to be evicted; that the land, which is in possession of the tribals was shown that it is in possession of non-tribal landlords and initiated a fictitious collusive case; that the Special Deputy Collector, Tribal Welfare, Rampachodavaram declared that he is initiating proceedings against some local landlords under the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation No.I of 1959); that the authorities took stand that non-tribals are in possession of the land and hence, proceedings are being initiated under the Land Transfer Regulation. (b) The next steps would be to get the stay over the notices in the name of some procedural mistake and then, use the same to get into the land. At that stage, the tribals got impleaded and brought to the notice of the Special Deputy Collector that the land was collectively in possession of the tribals. The Special Deputy Collector dismissed the case on the ground that they were in possession of the land. Thus, the occupation of these lands by tribals was undisputed and it is a matter on record. The tribals have SRK, J W.P.No.15724 of 2010 5 been in possession and enjoyment of the land and as on today, they are in possession of the land and the landlords do not and cannot have title and they have been managing the officers of various Department to create trouble. (c) Since May, 2010, the local Revenue Officers visited the land and stated that they were taking possession of the land as it was needed for public purpose. The Government cannot take steps to dispossess them without giving any reason with notice. On 26.06.2010, the staff of the Tahsildar Office came and asked them not to take up agricultural operations. Until the process of dispossession through process known to law is initiated, the petitioners cannot be disturbed. Hence, the Writ Petition. 4. This Court, vide Order dated 06.07.2010 in W.P.M.P.No.19806 of 2010 directed the respondents not to interfere with the possession of the petitioners in respect of the land in question without following due process of law. 5. Learned Assistant Government Pleader for Social Welfare would submit that this Court, as an interim measure, ordered that without following due process of law, the possession of petitioners over the disputed land, shall not be interfered, and fairly left the matter to the discretion of this Court. SRK, J W.P.No.15724 of 2010 6 6. A perusal of entire material on record goes to show that the Special Deputy Tahsildar and others filed LTRP No.318 of 2003 before the Special Deputy Collector (Tribal Welfare), Rampachodavaram for restoration of the land to the Government after ejecting the non-tribal-respondents therein. The Special Deputy Collector (Tribal Welfare), vide Order, dated 02.12.2003 in LTRP No.318 of 2003 dropped the proceedings against the respondents, which reads as thus: “At present, the tribals are in possession of the PS lands, which the respondents claim as forcible encroachment while the tribals claim it as their ancestral property. As such, no prohibitory transfer from tribal to non-tribal is established. Further, the tribals also not filed any evidence of their continuous possession for last 12 years and above. As such, this case can be considered as possession of non-tribal land by tribals, which does not come under the purview of Agency Land Transfer Regulation. The non-tribal respondent had choice to prefer Civil Court for his title over the land. In fact, the case as filed by SDT (TW) but not by either tribal or non-tribal respondent. The SDT (TW) could not establish substantial grounds under violation of Reg.1/59 as amended by Reg.1/70. On the other hand, counsel for tribals also requested to drop the case under ALTR contending that the matter can be settled in Civil Court.” 7. In the present Writ Petition also, the petitioners claimed to be in peaceful possession and enjoyment of the land SRK, J W.P.No.15724 of 2010 7 situated in the scheduled area for generations since the days Rampa Mutha and the Tribal Community have been cultivating the scheduled area lands collectively without there being any sub- division by metes and bounds. 8. Since this Court, vide Order dated 06.07.2010 in W.P.M.P.No.19806 of 2010 directed the respondents not to interfere with the possession of the petitioners in respect of the scheduled area lands in question without following due process of law, this Court directs the respondent-authorities to adhere to the procedure contemplated under law in respect of the subject property. Till then, the Order dated 06.07.2010 granted earlier, shall continue. 9. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 25th November, 2025. DNB