Disposed

Chinthakayala Satyanarayana v. The State of Andhra Pradesh

Andhra Pradesh HC6 Nov 2024WP/11770/2024

Case brief

AI extract

What is this about?

In Writ Petition Nos. 11770/2024 and 1/2024, the High Court rejected going into merits due to limitation but directed respondents not to interfere with petitioners' possession pending the decision of an appeal under the Recognition of Forest Rights Act, 2006, and to consider the pending representation regarding patta grant.

What did the court decide?

Directed respondents not to interfere with petitioners' possession and to consider the pending representation under the Recognition of Forest Rights Act, 2006.

Chinthakayala Satyanarayana Vs The State of Andhra… — Land Acquisition | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY ,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 11770 OF 2024

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Between:

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Chinthakayala Satyanarayana, S/o Chandrudu, Age^56years, Occ/ Cultivation, Suraempalem Village Rajavommangi Mandal^andVillage, ASR District, AP 533436.

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Ammireddy Sanyasi Naidu, S/o Rambabu, Age 46 years, Occ. Cultivation, Surampalem Village Rajavommangi Mandal^and Village, ASR District, AP 533436.

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A. Nookaratnam, W/o Srinu, Age 36 years, Occ Cultivation, Surampalem Village Rajavommangi Mandal and Village,^ASRDistrict, AP 5334364.

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Tanari Actchayya, S/o Pamuiu Age 68 years, Occ. Cultivation Surampalem Village Rajavommangi Mandal and Village,^ASR District AP 533436

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Represented by its^Principal Secretary Forest Department, Secretariat Buildings Velgapudi,^Amaravathi, Andhra Pradesh

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The Sub Divisional Level Forest Committee, O/o. Revenue Divisional Office Rampachodavaram ASR District - 533288

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The Forest Range Officer, Rajavommangi ASR District^-533436.

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The Secretary, Grampanchayat Rajavomangi ASR District^-533436.

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The Tahsildhar, Rajavomangi ASR District - 533436.

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Chairperson/Secretary., Forest Rights Committee. Rajavommangi533436

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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 the action of the respondents particularly Respondent.No.3 not to dispossess with the Petitioners peaceful possession and enjoyment of the land until consideration of the Petitioners claim dt.-05.04.2024 before Respdoent.No.2 for grant to patta under the Scheduled Tribes and other Traditional Forest Dweller's (Recognition of Forest Rights) Act-2006 as illegal, arbitrary and contrary to law and consequently direct the Respondents not to interfere with the petitioner peaceful possession and to consider the Petitioners representation dt. 05.04.2024 before respondent No.2 as per the Scheduled^{Tribesandother} Traditional Forest Dweller's (Recognition of Forest Rights) Act-2006.

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lA NO: 2 OF 2024

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Between:

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The State of Andhra Pradesh, Represented by its Principal Secretary Forest Department, Secretariat Buildings Velgapudi, Amaravathi, Andhra Pradesh.

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2. The Forest Range Officer, Rajavommangi ASR District^-533436.

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... Petitioners/Respondents

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AND

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Chinthakayala Satyanarayana, S/o Chandrudu, Age 56 years, Occ/ Cultivation, Suraempalem Village Rajavommangi Mandal and Village, ASR District, AP 533436.

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Ammireddy Sanyasi Naidu, S/o Rambabu, Age 46 years, Occ. Cultivation, Surampalem Village Rajavommangi Mandal and Village, ASR District, AP 533436.

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Nookaratnam, W/o Srinu, Age 36 years, Occ Cultivation, Surampalem Village Rajavommangi Mandal and Village, ASR District,^AP5334364.

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Tanari Actchayya, S/o Pamulu Age 68 years, Occ. Cultivation Surampalem Village Rajavommangi Mandal and Village,^ASR District AP 533436

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...Respondents/Petitioners

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The Sub Divisional Level Forest Committee, O/o.^{RevenueDivisional} Office Rampachodavaram ASR District - 533288

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The Secretary, Grampanchayat Rajavomangi ASR District^-533436.

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The Tahsildhar, Rajavomangi ASR District - 533436.

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Chairperson/Secretary., Forest Rights Committee. Rajavommangi533436

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(R2 to R5 are not necessary parties in this petition)

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...Respondents/Respondents

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Interim Order dated 18.06.2024 in I.A. No. 1 of 2024 in W.P.No.11770 of 2024 and dismiss the writ petition.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased prays that this Hon’ble court direct the Respondents^{nottointerfere} with the petitioner peaceful possession and to consider the Petitioners representation dt. 05.04.2024 before respondent No.2 as per the Scheduled Tribes and other Traditional Forest Dweller’s (Recognition of Forest Rights) Act-2006.

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Counsel for the Petitioners: M/S UTTARA LEGAL

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Counsel for the Respondent Nos.1,2,3,6: GP FOR FORESTS Counsel for the Respondent No.4: SRI Y KOTESWARA RAO Counsel for the Respondent No.5: GP FOR REVENUE

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The Court made the following: ORDER

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APHC010232092024 IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3330]

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(Special Original Jurisdiction)

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THURSDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11770/2024

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Betv/een:

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Chinthakayala Satyanarayana and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):

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...RESPONDENT(S)

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1 UTTARA LEGAL

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Counsel for the Respondent{S):

1.GP FOR REVENUE

2.GP FOR FORESTS

3.Y KOTESWARA RAO

The rniirt m?'*" fnllnwinq order.226 of Constitution of India This Writ Petition is filed under Article for the following relief/s;-

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o \Mr\ Order or Direction more particularly “ 'ffti nau7m Twrit of Mandamus declaring the one in the nature narticularly RespondentNo.3 action of the respondents partcu/ary^^^^ peaceful not to dispossess wi ^^^sideration .ai. ^J^Xd of Forest Rights) Ac ^ ^ pespondenfs 05. orders...”

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writ petition is 2. The Short grievance of the petitioners in the present submitted Form-A application dated 13.04.2020 to the that the petitioners Forest Rights Committee, who is arrayed as Chairperson/Secretary they meet all grant pattas with regard to the lands as respondent No.6, to other Traditional Forest Scheduled Tribes and requisites under the Act 2006 (for short ‘the Act’) and Dwellers (Recognition of Forest Rights) rejected by respondent^{No.6videorderdated} the said application was appealed to the Sub 21.08.2020. After the said rejection, the petitioners 07.09.2020 for granting of pattas Divisional Level Forest Committee on under Section 6(2) of the Act.

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to interfere with the , the respondents are trying 3. Be that as it nnay filed W.P.No.19332 of , Therefore, the petitioners petitioners’ possession vide order dated dismissed the said writ petition 2023 and this Court therein to avail alternative liberty to the petitioners 12.12.2023 granting the present writ petition in accordance with law. Now remedies available in consider the petitioners’ to respondents to direction is filed seeking a respondent No.2 dated 05.04.2024 pending before the representation meanwhile, the petitioners may be protected from and in the dispossession by the respondents.

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Government pleader appearing on behalf of 4. Learned Assistant under its that petitioners' application .1,2,3 and 6 submits respondent Nos 21.08.2020. submitted on 13.04.2020 and it was rejected on Form-A was appeal has of Section 6 of the Act, an As per proviso to Sub-Section (2) filed an appeal on and the appeal is not 05 « 2024 ."4 •« - " ' the writ petition.

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the present Writ Petition the merits of the case 5. Without going into of the appeal filed nd respondent to dispose is disposed of directing the 2 the respondent-authorities with law. If in accordance by the petitioners is not filed by the petitioners inn that the appeal come to^ conclusion

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maintainable, in view of limitation stipulated under^{theAct,observethe} the same and reject the appeal. Until such exercise is completed, respondents are directed not to interfere with the^{petitioners’possession.}

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There shall be no order as to costs.

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As a sequel thereto, miscellaneous Petitions pending, if^any,shall stand closed.

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Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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