THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.16165 OF 2004 DATED 20th SEPTEMBER, 2014 Between:
Yellanki Vijaya Lakshmi And another.
… Petitioners And The Special Deputy Collector, Bhadrachalam, Khammam District, and others.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.16165 OF 2004 O R D E R The petitioners seek a declaration that the orders passed by the Special Deputy Collector (Tribal Welfare), Paloncha, (at present Bhadrachalam) in Case No.1598/76 dated 26.07.1977 are binding on the respondent authorities and a direction to them not to interfere with the petitioners’ possession over the land admeasuring Ac.0.18 guntas situated in Sy.No.389/AA of Dharmapuram Village, Bayyaram Mandal, Khammam District.
The petitioners claim that the subject lands were purchased in the year 1963. A petition was filed under Regulation 3 of the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959 with regard to their rights over the subject land and the matter was carried to the Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District. By orders dated 26.07.1977, the Special Deputy Collector held that the purchase made by the father of the petitioners was valid as it had been effected prior to the Regulation coming into force. This order is stated to have attained finality. While so, the respondent authorities are alleged to have interfered with the possession of the petitioners over the subject land constraining them to approach this Court.
By order dated 09.09.2004, this Court directed status-quo as regards the possession over the subject land to be maintained. This order was made absolute on 10.06.2008.
No counter-affidavit has been filed by the revenue authorities and the private respondents did not choose to enter appearance despite service of notice.
In the light of the adjudication as to the petitioners’ rights over the subject land by the Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District, on 26.07.1977 in Case No.1598 of 1976, it is clear that they have established their rights over the subject land. The said order admittedly attained finality.
In that view of the matter, the writ petition is disposed of directing the respondent authorities not to interfere with the possession of the petitioners over the subject land except in accordance with the due procedure laid down by law. Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.
20th SEPTEMBER, 2014
PGS
------------------------------------- SANJAY KUMAR, J