The petitioners challenged a notice for surrendering ancestral lands. The court noted that a joint survey had been conducted on 03.08.2024, redressing the petitioners' grievance. The writ petition was dismissed as infructuous.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 20324 OF 2017
Between:
...PETITIONERS
AND
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 particularlyoneinthenature of a Writ of MANDAMUS, declaring the action of the Respondents herein, more particularly the 3rd respondent herein in issuing the Notice in R.C.No.75/2017, dated 12.05.2017 (received by the Petitioners herein on 18.05.2017), issued under Section 20 (I) C (iii) & (vii) and Section 23 (3)(i) of Andhra Pradesh Forest Act 1967, directing the Petitionershereintosurrender the ancestral lands under their respective occupation in which the petitioners herein are conducting agricultural operations since so many years which is situated in Survey No.91 of Kanur Village, PellakurMandal,Nellore District, without specifically mentioning the extent, surveynumberorotherdetailsof the lands under their occupation by simply mentioning only as Rosanur Reserve Forest Compartment Nos. 157 and 158, withoutactually conducting any survey in respect of the lands held by the petitionersherein,asillegal, arbitrary, set aside the same and consequently directthe Respondentsherein to conduct a Joint Inspection and Joint Survey of the landsof thepetitioners situated in Survey No.91 of Kanur Village, PellakurMandal,NelloreDistrict, in the presence of the Petitioners and others and the Sarpanch of Kanur Village, in order to ascertain the lands of the petitionershereincomeunderRosanur Reserve Forest Compartment Nos. 157 and 158, in the light of number of Quarry Leases granted by the Mining Department underthestrengthofthe
NOG issued by the Revenue Officials and pass such otherorderorordersas this Hon'ble Court may deem fit and proper in the interest of justice.
I.A. NO: 1 OF 2017fWPMP. NO: 24899 OF 2017)
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 Stay all further proceedings including dispossession of the petitioners herein from the lands in their possession situated in Survey No.91, situated at Kanur Village, Pellakur Mandal; Nellore District, pursuant to the Impugned Notice issued by the 3rd Respondent herein in R.C.No.75/2017, dated 12.05.2017, pending disposal of the above WritPetition.
I.A. NO: 2 OF 2017fWPMP. NO: 38740 OF 2017)
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 receive the Thirty Three (33) Documents asdetailed in the Affidavit filed hereto as Additional Documents in WP No.20324 of 2017, for proper adjudication of the matter.
lA NO: 1 OF 2024
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 permit the Proposed Petitioner Nos.9 to 11 to come on record as Legal Heirs of the deceased Petitioner No.5 viz. Bathala Chergaiah in WP No.20324 of 2017 as well as IANos.1 and 2 of 2017, for proper adjudication of the above Writ Petition.
r
Counsel for the Petitioner(s):SRI. V SANTHISREE
Counsel for the Respondents No.1 to 3: GP FOR FORESTS(AP)
Counsel for the Respondents No.4, 5: GP FOR REVENUE(AP)
The Court made the following: ORDER
APHC01 026031 2017
IN THE HIGH COURT OF ANDHRA PRADESH BMH AT AMARAVATI [3330] Sv.irS (Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20324/2017 Between: Gunisetty Sivaiah and others ...PETITIONER(S) AND State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.V SANTHISREE
Counsel for the Respondent(S):
1.GP FOR FORESTS (AP)
The Court made the following order:
It is represented by the learned counsel for the petitioners that the present writ petition is filed seeking a direction to the respondents to conduct survey of the lands of the petitio ners and the said survey was conducted on 03.08.2024, hence,the grievance of the petitioner is redressed. As such, no further orders are required to be passed in this matter.
Recording the said submissions, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
Sd/- A.VIJAYA BABU //TRUE COPY// ASSISTANT REGISTRAR
SECTION OFFICER
To,
JA
HIGH COURT
DATED;05/08/2024
ORDER
WP.No.20324 of 2017
g 17 FEB 2025 Co.|
, Current Section . »
infructuous without
1 issue framed by the court
Whether the petitioners' grievance regarding forest land survey was redressed and the writ petition should be dismissed as infructuous?
1 provisions across 1 enactments
Gunisetty Sivaiah
State of Andhra Pradesh
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
