- (1.) INITIALLY second respondent filed LTRP No. 220 of 2003 under the provisions of A. P. Scheduled Area Land transfer Regulation 1 of 1959 as amended by 1 of 1970 before the Special Deputy collector, (Tribal Welfare) Rampachodavaram seeking ejectment of the fourth respondent from the land to an extent of Acs. 14. 42 cents in Sy. No. 73 in Pdatamamidi Village, gangavaram Mandal in East Godavari district and after due enquiry, the Special deputy Collector passed an order dated 3. 2. 2004 in favour of the fourth respondent holding that the possession of the fourth respondent over the said land is not violative and ultimately dismissed the said LTRP no. 220/2003. Aggrieved thereby the petitioner carried the matter before the first respondent in C. M. A. No. 67 of 2005, which was dismissed on 1. 12. 2008. Assailing the same, the petitioner in this writ petition preferred a revision before the third respondent and along with the revision, the petitioner also filed an application seeking suspension of the order passed by the first respondent. However, as no orders have yet been passed on the said application, the petitioner approached this Court and filed the present writ petition apprehending dispossession.
(2.) HEARD the learned Counsel for the petitioner and also the learned Government pleader for Social Welfare. The learned counsel for the petitioner has drawn my attention to Section 2 (o) of the Scheduled tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 wherein the words "other traditional forest dweller" is defined according to which any member of community who has for at least three generations prior to the 13th day of December 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs and contended that the fourth respondent does not come under the purview of said definition.
(3.) HAVING regard to the submissions made by the learned Counsel for the petitioner, this Court is of the view that the present writ petition can be disposed of at the stage of admission as follows :;