APHC010237732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12329/2026 Between: 1. PUJARI RAMANA, S/O. PUJARI BABURAO, (AGED 52 YEARS, RIO. H.NO.7-71, YERUKULAPETA, KOVVURU GUDEM, CH NTALAPUDI MANDAL,WEST GODAVARI DISTRICT, PIN - 534460. 2. PUJARI RAMAKKA,, W/O. PUJARI RAMMANA, AGED 48 YEARS, RIO. H.NO.7-71, YERIKULAPETA, KOVVURU GUDEM, CH1NTALAPUDI MANDAL,WEST GODAVARI DISTRICT. PIN - 534460. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRIBEL WELFARE DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, PIN 522239. 2. 2 AGENT TO GOVERNEMNT / DISTRICT COLLECTOR, ELURU DISTRICT, ELURU, PIN - 534006. 3. THE SUB COLLECTOR NUZVID REVENUE DIVISION, NUZUVID, ELURU DISTRICT, ELURU, PIN -521201. 4. THE THASILDAR OF CHINTALAPUDI MANDAL, CHINTALAPUDI, ELURU DISTRICT, PIN 534460. 2 ...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 to issue an order or direction, more pa larly one in the nature of a Writ of MANDAMUS, to declare the action oflthe Respondent, particularly the 2nd Respondent, in not giving permission to the Petitioner to purchase the land covered in R.S. No. 189-2 an extent of Ac. 8.19 cts, R.S. No. 193-2A3 an extent of Ac. 2.59 cts, R.S. No. 193- 1A an extent of Ac. 1.50 cts, and R.S. No. 189- t1A an extent of Ac. 1.79 cts situated at Jeelugumilli Village and Mandal, Eluru District, as illegal, arbitrary, and contrary to the provisions of APSALT Regulations 1/59 as amended by 1/70 and consequently direct the 2nd Respondent to accord permission to purchase the scheduled land from the non-tribe by considering the reports submitted by the RDO, Jangareddygudem and the Tahsildar of Jeelugumilli Mandal in respect of the scheduled property, and to pass IA NO: 1 OF 2026 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 to direct the 2nd Respondent to consider the reports submitted by the RDO, Jangareddygudem in Proceedings Dt. 18-12- 2025 and the Tahsildar, Chintalapudi Dt. 22-12-2025 immediately, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner(S): 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.12329 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.2 in not giving permission to the Petitioners to purchase the land covered in R.S.No.189-2 (an extent of Ac.8.19 Cents), R.S.No.193-2A3 (an extent of Ac.2.59 Cents) and R.S.No.193- 1A (an extent of Ac.1.50 Cents), R.S.No.189-1A (an extent of Ac.1.79 Cents) situated at Jeelugumilli Village and Mandal, Eluru District, as illegal and arbitrary. 2. The Petitioner No.1 belongs to ‘Erukula’ community, which comes under Scheduled Tribe (for short, ‘S.T’) community and is a resident of Kovvurupadu, Chintalapudi Village and Mandal, Eluru District. It was submitted that one Koduru Krishnaveni (a non-tribal) is the owner of a land in R.S.No.189-2 (an extent of Ac.8.19 Cents), R.S.No.193-2A3 (an extent of Ac.2.59 Cents) and R.S.No.193-1A (an extent of Ac.1.50 Cents), R.S.No.189-1A (an extent of Ac.1.79 Cents) situated at Jeelugumilli Village and Mandal, Eluru District. 3. It was submitted that the said property was acquired from one Repaka Pullayya through a possessory agreement of sale, dated 15.04.1969 and after commencement of the Andhra Pradesh 4 Scheduled Areas Land Transfer Regulation, 1959 (Regulation No.I of 1959) (for short, ‘the Regulation’), which was amended in the year 1970, the Special Deputy Collector, Tribal Welfare, K. R. Puram had initiated an enquiry in S.R.No.51/96 against the said Koduru Krishnaveni and after due enquiry, orders were passed on 18.09.1997 holding that the possession of Koduru Krishnaveni is not in violation of the Regulation. The said order has attained finality and no further appeal was filed thereon. 4. While so, the Petitioners proposed to purchase the land which was referred above belonging to Koduru Krishnaveni. As per the Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969, purchase of a property by a Tribe (Petitioner (S.T)) from a Non-Tribe is not prohibited. However, procedure is contemplated under the Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969 before effecting such transfer. 5. As per Rule No.18 of Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969, the parties before executing the transaction before presenting any document for registration, the transferee shall submit a declaration in Form-K duly filled and signed by him, to the Agent for verification. Thereafter, the Agent concerned shall within thirty days cause an enquiry and on the basis of the enquiry, an 5 appropriate decision will be conveyed to the registering authority by the agent of the State Government in Form – N. 6. It was further submitted that in this case, an application in Form- K was submitted by the Petitioners and a report was submitted by the Tahasildar of Chinthalapudi Mandal to the District Collector, Eluru on 22.12.2025. Since no further action is being taken thereon, the present Writ Petition is filed. 7. Learned Assistant Government Pleader submitted that the report, dated 22.12.2025 of the Tahasildar, Chintalapudi Mandal, would be considered and an appropriate decision will be conveyed to the Petitioners, as expeditiously as possible. 8. Heard the counsels. 9. Considering the submissions, the Writ Petition is disposed of, with the following directions:- (i) The Respondent No.2 is directed to consider the report, dated 22.12.2025 given by the Tahasildar, Chinthalapudi Mandal and to pass appropriate orders thereon, to enable the Petitioners to proceed further, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order. 6 (ii) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 06.05.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 185 WRIT PETITION No.12329 of 2026 Dated: 06.05.2026 chs