Vanthala Venkata Reddy Vs the State of Andhra Pradesh

VANTHALA VENKATA REDDY, S/O LATE CHINNAIAH, AGE. 72 YRS, OCC. AGRICULTURE, R/O PANUKURATHIPALEM VILLAGE, ADDATEEGALA MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARAIT, VELAGAPUDI, GUNTUR DISTRICT.

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THE SPECIAL DEPUTY COLLECTOR, TRIBAL WELFARE, RAMPACHODAVARAM, ALLURI SITHA RAMA RAJU DISTRICT.

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NALLALA LAKSHMANA RAO, S/O LATE BHASKARA RAO, AGE. 50 YRS, R/O VETAMAMIDI VILLAGE, ADDATEEGALA MANDAL, ALLURI SITHA RAMA RAJU DISTRICT.

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NALLALA SRIMANI, W/O LATE BHASKARA RAO, AGE. 70 YRS,R/O VETAMAMIDI VILLAGE, ADDATEEGALA MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...RESPONDENT(S):

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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 or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2nd respondent in not disposing of the LTR

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SRK, J WP No.16033 of 2023

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No.9/2020 filed by the petitioner in respect of Land for an extent of Ac 4.99 cents in Sy.No.77 and Ac 1.80 cents in Sy.No.75 situated at Vetamamidi Village, Addateegala Mandal, East Godavari District presently Alluri Sitha Rama Raju District as wholly illegal, arbitrary and contrary to the provisions of AP Schedule Areas Land Transfer Regulations 1/59 as amended by Regulation 1/70 and rules made there under and consequently, direct the 2nd respondent to dispose of LTR No.9/2020 as early as possible in the interest of justice.

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Counsel for the Petitioner:

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1.K VENKATESH

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Counsel for the Respondent(S):

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1.GP FOR SOCIAL WELFARE

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The Court made the following:

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SRK, J WP No.16033 of 2023

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer;

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“….pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2^nd respondent in not disposing of the LTR No.9/2020 filed by the petitioner in respect of Land for an extent of Ac.4.99 cents in Sy.No.77 and Ac.1.80 cents in Sy.No.75 situated at Vetamamidi Village, Addateegala Mandal, East Godavari District, (presently Alluri Sitha Rama Raju District) as wholly illegal, arbitrary and contrary to the provisions of AP Schedule Areas Land Transfer Regulations 1/59 as amended by Regulation 1/70 and rules made there under and consequently, direct the 2^nd respondent to dispose of LTR No.9/2020 as early as possible in the interest of justice ”.

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2 Grievance of the petitioner is that he belongs to Scheduled Tribe Kondareddy Community and his forefathers possess land to an extent of Ac.4-99 cents in Sy.No.77 and Ac.1-80 cents in Sy.No.75 situated in Vetamamidi Village, Addateegala Mandal, East Godavari District, presently Alluri Sitha Rama Raju District and the said land is situated in Agency tracks. While so, respondent Nos.3 and 4 taking advantage of their influence illegally occupied his land.

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SRK, J WP No.16033 of 2023

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Learned counsel for the petitioner submits that petitioner filed a complaint before the Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District and though the said complaint was numbered as L.T.R.No.09/2020, the same is not disposed till today for the reasons best known to respondent No.2. He further submits that according to the A.P. Scheduled Areas Land Transfer Regulation, petitions filed complaining land grabbing have to be disposed of, within a reasonable time, but in the present case on hand, though the complaint of the petitioner was numbered in the year 2020, till date, no enquiry is ordered or no orders are passed.

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Grievance of the petitioner is that he, being Scheduled Tribe, made a complaint to 3^rd respondent complaining that respondents 3 and 4 illegally occupied the subject land admeasuring Ac.4.99 cents in Survey No.77 and Ac.1.80 cents in Survey No.75, situated in Vetamamidi Village, Addateegala Mandal, East Godavari District (presently Alluri Sitha Rama Raju District), and though the said complaint is numbered as L.T.R.No.09/2020, till date, no action is taken thereon, by 3^rd respondent. The authorities are bound to pass appropriate orders in accordance with law, within a reasonable time. In the case on hand, the complaint was made by the petitioner in the year 2020.

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SRK, J WP No.16033 of 2023

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In view of aforesaid facts and circumstances of the case, respondent No.2 is directed to dispose the L.T.R.No.09/2020 on the file of the Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District, within a period of three (3) months from the date of receipt of copy of this order.

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