This Division Bench disposed of a writ appeal by third parties against an order declaring successive proceedings under the A.P. Scheduled Areas Land Transfer Regulation impermissible. The court held the impugned order needed no interference.
Writ appeal disposed of with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE
PRESENT
THE HON'BLE SMT JUSTICE T.MEENA KUMARI &
THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO : 754 of 2009
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 31/12/2008 in WP NO : 25279 OF 2006 on the file of the High Court.)
Between:
1 Smt.Goddam Rajamma W/o.Gangulu Kangalavarigudem Laxmudugudem,Kommugudem Post Buttaigudem(M) W.G District 2 Posam Gangadevi D/o.Posam Pentaiah Kangalavarigudem Laxmudugudem,Kommugudem Post Buttaigudem(M) W.G District 3 Korsa Murali S/o Late Muthyalu and Korsa Bhudevi Kangalavarigudem Laxmudugudem,Kommugudem Post Buttaigudem(M) W.G District
APPELLANT(S)
AND
1 Yentrapragada Soma Raju S/o.Surana Kommugudem(V) West Godavari District 2 The Special Deputy Collector Tribunal Welfare I.T.D.A Office K.R.Puram,Buttaigudem(M) West Godavari District 3 The Mandal Revenue Officer Buttaigudem(M) Buttaigudem,W.G District .....RESPONDENT(S)
Counsel for the Appellant: SRI V.VENUGOPALA RAO
Counsel for the Respondents: GP FOR SOCIAL WELFARE
The Court made the following :
THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO : 754 of 2009
JUDGMENT: (Per Hon’ble Smt. Justice T.Meena Kumari)
This appeal is preferred by third parties with the leave of this Court, against the order, dated 31.12.2008 passed by the learned single Judge in W.P.No.25279 of 2006.
The 1st respondent herein is the writ petitioner. He filed the above writ petition seeking to declare the proceedings of the Special Deputy Collector, Tribal Welfare, ITDA Office, K.R. Puram, Buttaigudem Mandal, West Godavari District, in SR No.81 of 2005, dated 6.10.2006, contending that the proceedings have been initiated against the petitioner and members of his family in S.R.No.1072 and batch on the ground that the land in R.S.No.121 PT apart from other lands of Laxmudugudem village admeasuring Ac.3.30 cents in their possession were in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation. 1959 as amended by regulation 1 of 1970 and the said proceedings went in favour of the petitioner and therefore, successive proceedings in respect of the self-same land is impermissible.
The learned single Judge having observed that there is no additional material for the authority to initiate successive proceedings against the writ petitioner under the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970 and in the absence of any
additional material, the order dated 6.10.2006 cannot be sustained, allowed the writ petition.
Having aggrieved by the same, the appellants, who are third parties, filed the above appeal contending that they are in possession and enjoyment of the subject land in Sy.No.121 of Laxmudugudem since 20.4.2000 and the possession of the land, in fact, was taken over on 11.4.2000 in pursuance of the orders in S.R.No.212/99, dated 20.2.2000 and the said fact was suppressed.
Heard the learned Counsel and perused the material available on record.
On a perusal of the material available on record, it is apparent that under the apprehension of dispossession pursuant to the orders of this Court in the above writ petition, the appellants filed the above writ appeal. Even assuming that their rights would be affected by way of the alleged dispossession, they may approach the appropriate authorities for their reddressel inasmuch as it is the authorities who can adjudicate as to whether the appellants were put in possession of the land in question and whether they are entitled to be continued as such or not.
In this view of the matter, we hold that the order of the learned single Judge needs no interference. However, we make it clear that the appellants are at liberty to seek the remedies that are available under law.
Accordingly, the writ appeal is disposed of. No order as to costs.
_________________________ Justice T.Meena Kumari
____________________ Justice Sanjay Kumar
Date: 9th June, 2009 Gurc/nn.
THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO : 754 of 2009
(Judgment of the Division Bench delivered by the Hon’ble Smt Justice T.Meena Kumari)
09/06/2009
2 issues framed by the court
Whether three successive writ petitions can be entertained against the same petitioners in respect of the same property.
Whether the appellants are entitled to interfere with the single judge's holding that successive proceedings are impermissible.
2 provisions across 2 enactments
Goddam Rajamma W/o Gangulu
Gangadevi D/o Posam
Korsa Murali S/o Late Muthyalu
Korsa Bhudevi
Yentrapragada Soma Raju
T.MEENA KUMARI
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
