Allowed

Vandanapu Hari Krishna v. The State of Andhra Pradesh

Andhra Pradesh HC6 Apr 2022WP/8174/2022

Case brief

AI extract

What is this about?

This order allowed a writ petition wherein the Court directed the 4th Respondent to permit the petitioner to harvest a standing crop of Bamboo garden on specified land. The direction was based on the stay of land acquisition proceedings in a related petition, placing the land in the petitioner's possession.

What did the court decide?

Directed the 4th Respondent to permit the petitioner to harvest the Bamboo crop forthwith and pay Rs.10,000 as costs.

Vandanapu Hari Krishna Vs The State of Andhra Pradesh — Andhra Pradesh HC (2022) — LawSathi Research

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Writ Petition No.8174 of 2022

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O R D E R:

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This writ petition has been filed against the action of the Respondents in not permitting the petitioner to harvest the Bamboo garden raised in the schedule land to an extent of Ac.10-00 cents in R.S.No.7/11A and an extent of Ac.5-00 cents in R.S.No.7/11B situated at Taduvai Village, Jangareddigudem Mandal, West Godavari District, as illegal, arbitrary and contrary to the provisions of the Forest Act and for consequential direction to the Respondents to permit the petitioner to harvest the standing crop of Bamboo garden existing in the said lands.

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At the stage of admission, the learned Government Pleader for Revenue placed written instructions before the Court. On perusal of the same, it discloses that the land of the petitioner is acquired to distribute to the Tribals under the Polavaram Rehabilitation Scheme. Against the land acquisition proceedings, the petitioner filed W.P.No.24595 of 2020 before the Court and this Court granted interim direction.

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The stand of the 4^th Respondent is that the petitioner is not entitled for the relief sought in this writ petition. Dissatisfied with the contention of the 4^th Respondent, this Court directed the appearance of the 4^th Respondent before the Court.

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Today, G.N. Chandra Sekhar, the Tahsildar incharge of Jangareddigudem Mandal, present before the Court and placed an endorsement issued by him in Rc.No.329/2022(A), dated 20.03.2022, in which the petitioner is informed that in view of the pendency of the W.P.No.24595 of 2020, he could not grant permission to the petitioner as sought by him in his representations, dated 15.01.2022, 12.02.2022 and 19.03.2022.

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The learned Government Pleader for Revenue fairly submitted that as and when the land acquisition proceedings are stalled in view of the interim direction of the Court in W.P.No.24595 of 2020, admittedly the lands will be in the possession of the petitioner.

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Considering the same, in our view, the 4^th Respondent ought to have considered the representations of the petitioner and ought to have granted permission to the petitioner to harvest the Bamboo garden raised in the lands

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mentioned in this Writ Petition. Without discharging his legitimate functions, the 4^th Respondent rejected the request of the petitioner and thereby forced the petitioner to approach the Court.

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As and when the land acquisition proceedings are stayed by this Court in W.P.No.24595 of 2020 and the subject land is in the possession of the petitioner legally he is entitled for the relief sought in his representations and in this Writ Petition. In our considered view, it is deemed appropriate to allow the Writ Petition with the following directions:

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(i) The 4^th Respondent is directed to permit the petitioner to harvest the standing crop of Bamboo garden existing in the land to an extent of Ac.10-00 cents in R.S.No.7/11A and an extent of Ac.5-00 cents in R.S.No.7/11B situated at Taduvai Village, Jangareddigudem Mandal, West Godavari District, forthwith.

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(ii) The 4^th Respondent shall pay an amount of Rs.10,000/- (Rupees ten thousand only) towards costs to the petitioner within three (3) days from today and file a memo of payment of costs before the Registrar (Judicial), High Court of Andhra Pradesh, Amaravati, through the learned Government Pleader.

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Miscellaneous petitions pending, if any, in this case shall

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stand closed.

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________________________ JUSTICE BATTU DEVANAND

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Dt.06.04.2022 Note: Issue CC tomorrow. B/o PGR

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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W.P.No.8174 of 2022

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Dt.06.04.2022

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PGR

Vandanapu Hari Krishna v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Vandanapu Hari Krishna v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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