Dismissed

Jakku Veera Satyanarayana, v. State of Andhra Pradesh

Andhra Pradesh HC19 Dec 2023WP/11055/2014

Case brief

AI extract

What is this about?

Petitioners challenged eviction orders against cultivation in Survey No. 400, claiming violation of the Land Acquisition Act and Constitutional rights. The court noted the land had been mutated in favor of the Forest Department for compensatory afforestation and dismissed the petition.

What did the court decide?

No order directing the respondents to refrain from evicting the petitioners. No order as to costs.

Jakku Veera Satyanarayana, Vs State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON’BLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION NO: 11055 OF 2014

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Between:

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Jakku Veera Satyanarayana, S/o. Dharma Raju, aged 32 years.

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Jakku Veera Babu, S/o. Kowadaiah, aged 35 years

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Challa Venkatesulu, S/o. Venkanna, aged 42 years.

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Poosala Subba Rao, S/o. Achiaiah, aged 38 years.

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Poosala Durga Rao, S/o. Achiaiah, aged 25 years. 6. Kathava Subbalakshmi, W/o. Lakshmana Rao, aged 35 years,

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Tele Durga Rao, S/o. Venkanna, aged 48 years.

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Bongu Veeraswamy, S/o. Sreeramulu. aged 45 years.

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Jakku Venkatesulu, S/o. Dharma Raju, aged 40 years. lO.Puliboina Venkatesulu, S/o. Pakeeraiah, aged 45 years.

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Bongu Veeraiah, S/o. Appanna, aged 48 years.

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Jakku Dharma Raju, S/o. Ramanna, aged 45 years. All are cultivators by profession and R/o. LND Peta Village, Polavaram Mandal, West Godavari District. ...PETITIONERS

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AND

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State of Andhra Pradesh, rep. by its Principal Secretary to Forest Department, Secretariat, Saifabad, Hyderabad.

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District Forest Officer, Eluru, West Godavari District.

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Sub Divisional Forest Officer, Koyyalagudem Village^{andMandal.West} Godavari District.

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Divisional Range Officer, Forest Department, Kannapuram Village, Koyyalagudem Mandal, West Godavari District.

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Deputy Range Officer, Forest Department, Kannapuram Village, Koyyalagudem Mandal, West Godavari District.

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State of Andhra Pradesh, rep. by its District Collector, West Godavari District at Eluru.

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Tahsildar, Polavaram Mandal, West Godavari District.

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...RESPONDENTS

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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 a writ, order or direction more particularly^one in the nature of WRIT OF MANDAMUS declaring action of respondents 1 to 5 in insisting the petitioners to vacate from the land in their respective possession in survey number

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400 of LND Peta Revenue Village in Polavaram Mandal^{ofWestGodavariDistrict} as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice and provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends articles 14, 21 and 300-A of^Constitution of India and consequently direct the respondents 1 to 5 not to evict the petitioners from their respective lands in Survey Number 400 of LND Peta Village,^{PolavaramMandal,} West Godavari District.

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LA. NO: 1 OF 2014(WPMP. NO: 13916 OF 2014)

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 1 to 5 not to evict the petitioners from their respective lands in Survey Number 400 of LND Peta Revenue Village in^{PolavaramMandalofWest} Godavari District, Pending disposal of the main writ petition.

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Counsel for the Petitioner : SRI NIMMAGADDA SATYANARAYANA

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Counsel for the Respondent Nos.1 to 5 : GP FOR FORESTS

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Counsel for the Respondent Nos.6 & 7: GP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No. 11055 of 2014

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ORDER:

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The present Writ Petition came to be filed under Article

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226 of the Constitution of India seeking the following^relief:-

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“....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of respondents 1 to 5 in insisting the petitioners to vacate from the land in their respective possessionⁱⁿ survey number 400 of LND Peta Revenue Village in Polavaram Mandal of West Godavari District as illegal, irregular, irrational without jurisdiction violative of principles of natural justice and provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 1 to 5 not to evict the petitioners from their respective lands in Survey Number 400 of LND Peta Village, Polavaram Mandal, West Godavari District and pass... ”

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Heard learned counsel for the petitioners and learned

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Government Pleader for Forests appearing for the respondents and perused the material on record.

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The brief facts of the case are that the petitioners belongs to Backward classes and are landless poor persons, the fore fathers of the petitioners occupied Government assessed hilrock waste land of different extents situated in Sy.No.400 of LND Peta Revenue Village, Polavaram Mandal, West Godavari District and raised cashew plants in^different extent of lands in Sy.No.400 of LND Peta. After the^demiseof

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their fore father, the petitioners continued to be in possession of the said lands and are eking out their livelihood from the cashew plantation. Thereafter,^the names of the petitioners were mutated in Adangal Pahanis as possessors of their respective lands. 4. While the matter being so, on 04.04.2014, without giving any notice to the petitioners, the respondent^Nos.3to o visited the lands of the petitioners and conducted a survey. When the petitioners questioned the same, the respondent Nos.3 to 5 informed that as per the directions of the respondent Nos.6 85 7, the respondent Nos.l to 5 are granted with the permission to convert the said lands into forest as a measure of compensatory allotment, pursuant^to the submersion of forest land into the construction of Indira Sagar Polavaram Project. Thereby, the respondent Nos.3^to5 insisted the petitioners to vacate from the subject land within a period of one week thereafter and also marked certain points on the lands of the petitioners for construction of pillars for formation of boundary between the land covered in Sy.No.400 and neighboring lands of LND Peta Revenue Village, Polavaram Mandal, West

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Godavari District. Aggrieved by the said action of the respondents the present Writ Petition is filed. 5. Respondent No.2 filed counter-affidavit duly admitting the facts stated by the petitioners and further stated^that as a part of construction of Indira Sagar Project, the^officialsof the said project identified both Government and Private land to submerge under the project. The Reserve Forest areas^to an extent of Ac. 136.226 Hectares was identified by the officials to submerge under the said project. But, as per Section 3(1) of the Forest (Conservation) Act, 1980,^theuser agency has to compensate equal extent of non-forest^land towards compensatory afforestation of the reserved forest area which is sought for diversion for Indira Sagar Project. Thereby, the respondent No. 6 vide Certificate dated 26.08.2009, ordered for transfer and mutation of Ac. 1750.56 Hectares of non-forest land in favour of Forest Departrnent and accordingly, land to an extent of Ac.21.77 Hectares in R.S.No.400 of LND Peta Village of Polavaram Mandal was identified as compensatory afforestation area for Forest Department. 6. It is further stated in the counter that, the Mandal Revenue Officer, Polavaram has furnished mutation

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certificate dated 26.08.2009, in respect of 24 areas which includes the said land in LND Peta, Polavaram Village^andin the said certificate it was recorded that the said land is free from encumbrances and encroachments. Basing on the^said report of the Mandal Revenue Officer, Polavaram, the^Forest Department has taken possession of the land in Rs.No.400 of LND Peta, Polavaram Village, West Godavari District. It is stated that the there are no cashew plantations raised by the petitioners and also the petitioners do not posses any patta in their favour, their names were also not reflected in the -MEE BHOOMI Portal. It is further stated that in lieu of mutation of the subject land in favour of the Forest Department, it is the responsibility of the Forest Department to protect the said land from encroachers by surveying^the said land and requested this Court to dismiss the Writ Petition. 7. On a perusal of the record, it goes to shov/ that land^to an extent of Ac.21.77 cents of Sy.No.400 of LND Peta, Polavaram Village, West Godavari District, was transferred in favour of the Forest Department for compensatory afforestation in West Godavari District and thereafter, as per the revenue records, the said lands were also mutated in the

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name of the Forest Department. In view of the same, this Court does not find any merit in directing the respondents to not to evict the petitioners from the land in Sy.No.400^of LND Peta, Polavaram Mandal, West Godavari District and is liable to be dismissed.

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Accordingly, the Writ^ Petition is dismissed. There^shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ

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Petition shall stand closed.

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Sd/- M. PADMALATHA ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER

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To,

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OneCCto Sri Nimmagadda Satyanarayana, Advocate [OPUC] 2. TwoCCsto GP for Forests, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 4. Three C.D. Copies Cnr gl

HIGH COURT

DATED:19/12/2023

ORDER

WP.No.11055 of 2014

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DISMISSING THE W.P. WITHOUT COSTS