Disposed

Singamala Chaitanya Krishna, v. The State of Andhra Pradesh

Andhra Pradesh HC10 Jan 2024WP/39459/2015

Case brief

AI extract

What is this about?

This Writ Petition challenged a Forest Department order to fence disputed land. The Court noted survey numbers in the Gazette Notification did not match the petitioner's land. It directed a joint survey within six months while maintaining status quo.

What did the court decide?

Directed Forest and Revenue Departments to conduct a joint survey to demarcate lands within six months; status quo maintained.

Singamala Chaitanya Krishna, Vs The State of… — Property and Title | 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 ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39459 OF 2015

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Between:

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Singamala Chaitanya Krishna, S/o.Shiva Narayana, aged about 30 years, R/o.Door No.B 502, Maruthi Tower, Plot No.9, Sector 5, Kamothe, Panvel, Maharashtra 410 206.

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...PETITIONER

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AND

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The State of Andhra Pradesh, represented by its Principal Secretary, Environment, Forests, Science and Technology (For-1) Department, Secretariat, Hyderabad.

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The District Forest Officer, Y.S.R. Kadapa District.

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The Divisional Forest Officer, Rajampet, Y.S.R. Kadapa District.

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The Forest Range Officer, Kodur, Y.S.R. Kadapa District.

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The District Collector, Y.S.R. Kadapa District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of WRIT OF MANDAMUS (a) declaring the action of the respondents 2 to 3 in interfering with the peaceful possession of the petition schedule land and trying to fence by including the petition schedule land situated in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 to a total extent of Ac.34.75 Cents of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District in the proposed reserved forest land on the alleged ground of a gazette Notification No.41 of Kadapa District dated 11.08.2008 has

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been issued by the Forest Settlement Officer is illegal, arbitrary and violation of Article 14, 16 and 300-A of Constitution of India and contrary to gazette Notification No.41 of Kadapa dated 11.08.2008 including Sections 4, 6, 8 and 9 of A.P. Forest Act, 1967 and against the principle of natural justice, (b) Consequently direct the respondents not to fence / interfere the peaceful possession of the petition schedule land acquired by virtue of 4 registered sale deeds obtained from their vendors in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 to a total extent of Ac.34.75 Cents of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District without following the procedure as contemplated U/s.4,6 8 & 9 of A.P. Forest Act, 1967 or Land Acquisition Act and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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I.A. NO: 1 OF 2015fWPMP. NO: 50895 OF 20151

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 3 not to interfere / fence the petition schedule land situated in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 to a total extent of Ac.34.75 Cents of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District withoul following the procedure as contemplated under the A.P. Forest Act.

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I.A. NO: 1 OF 2016(WVMP. NO: 794 OF 20161

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Between:

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The State of Andhra Pradesh, represented by its Principal Secretary, Environment, Forests, Science and Technology (For-1) Department, Secretariat, Hyderabad.

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The District Forest Officer, Y.S.R. Kadapa District.

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The Divisional Forest Officer, Rajampet, Y.S.R. Kadapa District.

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The Forest Range Officer, Kodur, Y.S.R. Kadapa District.

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The District Collector, Y.S.R. Kadapa District.

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Petitioners/Respondents

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AND

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Singamala Chaitanya Krishna, S/o.Shiva Narayana, aged about 30 years, R/o.Door No.B 502, Maruthi Tower, Plot No.9, Sector 5, Kamothe, Panvel, Maharashtra410 206.

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Respondent/Petitioner Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the status quo orders passed in WP. No.39459 of 2015, dated; 03.12.2015 and also to dismiss the Writ Petition with costs in the interest of justice and equity. lA NO: 4 OF 2018

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to allow the petitioner to do the agriculture operation in the petition scheduled land, pending disposal of the above writ petition. lA NO: 5 OF 2018

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to receive documents (i) Copy of D-Form Dt.2602-1978 along with translation (ii) Copy of Pattadar Pass Book and Title Deed along with translation (iii) Copy of Form No. 10 dt.20- 08-2003 along with neat copy (iv) Copy of Land Details along with translation of Sri Nayadori Shivayya S/o Ramachandraiah (v) Copy of D-Form Dt.26-02-1978 along with translation (vi) Copy of Pattadar Pass Book and Title Deed along with translation (vii) Copy of Form No. 10 dt.20-08- 2003 along with neat copy (viii) Copy of Land Details along with translation of Smt. Nayudori Ruparani W/o Ramanayya, (ix) Copy of D-Form Dt.26-02- 1978 along with translation (x) Copy of Pattadar Pass Book and Title Deed along with translation (xi) Copy of Form No. 10 dt.20-08-2003 along with neat copy (xii) Copy of Land Details along with translation of Smt. Buchigari

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Narayanamma, (:iii) Copy of D-Form Dt.26-02-1978 along^{withtranslation} (xiv) Copy of Pattadar Pass Book and Title Deed along with translation (xv) Copy of Form No. 10 dt.20-08-2003 along with neat copy (xvi) Copy of Land Details along with translation of Sri On gineni Mallikarjuna S/o Guravaiah, (xvii) Copy of D-Form Dt.26-02-1978 along with translation (xviii) Copy of Pattadar Pass Book and Title Deed along with translation of Smt. Nayudori Vasantamma W/o Shivayya, (xix) Copy of D-Form Dt.26-02-1978 along with translation (xx) Copy of Pattadar Pass Book and Title Deed along with translation (xxi) Copy of Form No. 10 dt.20-08-2003 along with neat copy (xxii) Copy of Land Details along with translation of Smt. Buchigari Rajamma W/o Chandraiah, (xxiii) Copy of D-Form Dt.26-02-1978 along with translation (xxiv) Copy of Pattadar Pass Book and Title Deed along with translation (XXV) Copy of Form No. 10 dt.20-08-2003 along with neat copy (xxvi) Copy of Land Details along with translation of Smt. Gajjela Kanamma W/o Subrahmanyam as additional material papers, in the above WP.No.39459 of 2015 in the interest of justice.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant leave to the Petitioner to file the Reply Affidavit in the above Writ Petition.

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Counsel for the Petitioner: SRI P. S. P. SURESH KUMAR Counsel for the Respondents No.1 to 4: GP FOR FOREST Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.39459 of 2015

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ORDER:

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The present Writ Petition came to be filed

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under Article 226 of the Constitution of India seeking

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the following relief:-

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“...to issue an order or direction more particularly one in the nature of WRIT OF MANDAMUS

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(a) declaring the action of the respondents 2 to 3 in interfering with the peaceful possession of the petition schedule land and trying to fence by including the petition schedule land situated in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 to a total extent of Ac.34.75 Cents of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District in the proposed reserved forest land on the alleged ground of a gazette Notification No. 41 of Kadapa District dated 11.08.2008 has been issued by the Forest Settlement Officer is illegal, arbitrary and violation of Article 14, 16 and 300-A of Constitution of India and contrary to gazette Notification No. 41 of Kadapa dated 11.08.2008 including Sections 4, 6, 8 and 9 of A.P.Forest Act, 1967 and against the principle of natural justice (b) Consequently direct the respondents not to fence/interfere the peaceful possession of the petition schedule land acquired by virtue of 4 registered sale deeds obtained from their vendors in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 to a total extent of Ac. 34.75 Cents of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District without following the procedure as contemplated U/s 4, 6, 8 & 9 of A.P.Forest Act, 1967 or Land Acquisition Act and pass... ”

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Heard learned counsel for the petitioners and

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learned Government Pleader for Forests and perused

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the material on record.

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Brief facts of the case are that the petitioners have purchased an extent of land Ac.5.00 cents each in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 to a total extent of Ac.34.75 Cents of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District vide Registered Sale Deed Nos.24, 23, 18 & 17 of 2014 dated 23.04.2014 and 17.04.2014 in a public auction conducted by the Sale Officer, Cuddapah District Co operative Central Bank Limited, Cuddapah in terms of execution vide Execution Nos.94, 92, 87, 88, 83 8& 90/2002-2003 and accordingly, the names of the petitioners was also mutated in the revenue records and Pattadar pass books were also issued in favor of the petitioners.

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While the matter being so, the Forest Department/respondent Nos.2 and 3 herein without even issuing any notice to the petitioner has started interfering with the peaceful possession of the petitioners. On an enquiry, the petitioners got realized that a Gazette notification was issued under Section 6 of the Andhra Pradesh Forest Act, 1967 vide Gazette No.41, Kadapa in the name of Forest Settlement of

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Officer, Kadapa dated 11.08.2008 vide G.O.Ms.No. 145, Environment, Forest, Science and Technology (For-1) Department dated 28.12.2005, stating that as per Section 4 of the A.P.Forest Act, 1967, the Forest Department has proposed for acquiring land to an extent of Ac.559.44 cents situated in Sy.Nos.912 to⁹⁸⁵ and 756/1, 294 to 309 and 281 of Gadela Village, Obulavaripalli Mandal for the purpose of Reserve Forest and further called for objections from the interested.^It is further stated that though the survey numbers pertaining to the petitioners lands are not mentionedⁱⁿ the Gazette Notification dated 11.08.2008, the respondent Nos.2 and 3 without giving any notice or conducting any survey for fixing the boundaries around the Reserved Forest are interfering with the possession of the petitioners. Aggrieved by the same the present Writ Petition is filed. 5. When the matter came for admission on 03.12.2015, this court passed an interim order directing both the parties to maintain Status-quo prevailing in the subject land as on the date of order.

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Respondent No.4 filed counter affidavit duly admitting the facts stated by the petitioners and further stated that the District Collector, Kadapa has allotted Ac. 151.12 cents of Non-Forest Land vide proceedings NO.E3/2974/92, dated 06.04.1995 under different Survey numbers in Gadela Village of Obulavaripalli Mandal to the Divisional Forest Officer, Rajampet for diversion of Forest land over 54.00 Ha in Compartment No.874 of Cheyyuru Extension Reserve Forest in Rajampet Range with respect to Cheyyuru Minor Irrigation Project. As per the directions of the District Collector, Kadapa and the Mandal Revenue Officer, Obulavaripalli the said lands have been transferred to the Forest Range Officer, Kodur on 21.12.1995. It is further stated in the counter that the Survey numbers mentioned by the petitioners are related to the lands that are diverted under compensatory afforestation in the Cheyyuru Irrigation Project which lands were taken possession by the Forest Department vide Rc.No.A/194/94, dated 20.03.1995 and accordingly the District Collector, Kadapa has transferred Ac. 151.12 cents of non-forest land to the Forest Department and

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the possession of the same was handed over to the Forest Range Officer, Kodur by the Mandal Revenue Officer, Obulavaripalli on 21.12.1995. Thereby, the Sy.Nos. 877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 of Gadela Village of Obulavaripalli Mandal which were admittedly claimed by the petitioners were transferred in favour of the Forest Department on 21.12.1995 and requested this Court to dismiss the Writ Petition. 7. As rightly pointed by the learned counsel for the petitioners and on a perusal of the Gazette Notification dated 11.08.2008, it is clear that the notification includes Sy.Nos.912 to 985 and 756/1, 294 to 309 and 281, but whereas the Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 of Gadela Village, Obulavaripalle Mandal, YSR Kadapa District which are claimed by the petitioner are not a part of the said notification. But, however the claim of the respondents is that these three survey numbers along with the other survey numbers were handed over to the Forest Department for diversion of Forest land over 54.00^Ha in Compartment No.874 of Cheyyuru Extension Reserve

Forest in Rajampet Range. On a perusal of the classification vide proceedings dated 21.12.1995 of the District Collector, Kadapa and the Mandal Revenue Officer shows that the A.W. i. e., Assessed Waste land as well as the Rastha Poramboke lands alone has been handed over to the Forest Department under Compensatoiy Afforestation i n the Cheyyuru Irrigation Project and with regard to these survey numbers, land to an extent of only Ac.5.00 cents each and , Ac.4.75 cents of land in Sy.No.876/1 was handed over to the Forest Department and no Patta land was handed over to the Forest Department. However; it is a fact that a Survey number consists of a large extents of land, but only a small extent of land i. e.. Assessed Waste Land and Rastha Poramboke land was handed over to the Forest Department. However, the Forest Department under the guise of these proceedings dated 21.12.1995, cannot state that entire land in Sy.Nos.878, 869 & 883 are under the control of the Forest Department. 8. As there is no clarity as to what is the total extent of land in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 of the petitioners and as the

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respondents under the guise of the proceedings dated

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21.12.1995 are stating that the land in these survey numbers are under the control of the Forest Department, this Court feels it appropriate to dispose^of the writ petition directing the Forest and Revenue Departments to conduct a Joint Survey with the help^of the Mandal Surveyor in the presence of the petitioners after duly giving notice to the petitioners for demarcating the petitioners land and as well as the forest land. The said process shall be completed within a period of six (06) months from the date of receipt^ofa copy of this order. However, the respondents are directed not to interfere with the peaceful possession^of the petitioners over the lands in Sy.Nos.877, 876/1, 874/1, 884/1, 835/1, 834/1 and 843 of Gadvel Village, Obulavaripalle Mandal, YSR Kadapa District.

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In view of the above observation, the Writ Petition

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is disposed of. 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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//TRUE COPY//

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SD/-B.CHITTI JOSEPH ASSISTANT REGISTRAR

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" To,

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SEC FFICER

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The Principal Secretary, Environment, Forests, Science and

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Technology (For-1) Department, State of Andhra Pradesh, Secretariat, Hyderabad.

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The District Forest Officer, Y.S.R. Kadapa District.

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The Divisional Forest Officer, Rajampet, Y.S.R. Kadapa District.

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The Forest Range Officer, Kodur, Y.S.R. Kadapa District.

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The District Collector, Y.S.R. Kadapa District.

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One CC to SRI. PSP SURESH KUMAR Advocate [OPUC]

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Two CCs to GP FOR FORESTS, High Court of Andhra Pradesh.

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[OUT]

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Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]

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Three C.D.Copies

HIGH COURT

DATED: 11/01/2024

ORDER

WP.No.39459 of 2015

DISPOSING OF THE WP

WITHOUT COSTS

Singamala Chaitanya Krishna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Singamala Chaitanya 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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