Disposed¶96

Sapavatu Maruvani v. The State of Andhra Pradesh

Andhra Pradesh HC15 Jul 2025WP/17646/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; W.P. No. 17646 of 2025 (order dated 16.07.2025, B.S.Bhanumathi, J.). Keywords: Forest Rights Act 2006; RoFR title deed; pattadar pass books; Gramsabha not conducted; Taduvai Panchayat / Challagariga Panchayat discrepancy; Scheduled Tribes; eviction without notice; due procedure of law; Section 4(5) FRA; SDLC Committee; Palnadu District; Article 226 mandamus; writ disposed with direction not to dispossess without due process.

What did the court decide?

Writ petition disposed of with a direction to the respondents not to dispossess the petitioners from the subject land without following due procedure of law; no order as to costs; miscellaneous petitions, if any, pending in the writ petition stand closed. ¶96

Sapavatu Maruvani Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

¶96

Issue for consideration

Whether respondents 4 and 5 can attempt to evict the petitioners from Ac.2.00 cents and Ac.3.00 cents respectively in Sy.No.115, Challagariga village, Atchampet Mandal, Sattenapalli Division, Palnadu District without issuing any notice, despite the petitioners holding pattadar pass books under the Forest Rights Act, 2006, and whether the petitioners' possession should be protected until due procedure of law is completed.

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Court's answer

After hearing both sides and considering their submissions, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the subject land without following due procedure of law.

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Detailed headnote1 paragraphs

Writ petition under Article 226 by two farmers of Challagariga village, Palnadu District, claiming peaceful possession and cultivation of Ac.2.00 cents and Ac.3.00 cents in Sy.No.115 for over 30 years and reliance on pattadar pass books said to have been issued under the Forest Rights Act, 2006 after verification by the DTWO, DFO and District Collector, challenging an attempted eviction by forest officials (respondents 4 and 5) along with private individuals on 28.06.2025 without notice. The Government Pleader placed on record correspondence showing a complaint by the local MLA alleging illegal sanction of RoFR documents; the DTWO reported that no Gramsabha was conducted in Challagariga Panchayat, that the petitioners' names were reported under Taduvai Panchayat in Annexure-I but shown as Challagariga Panchayat in the RoFR title deed, and that the recorded name was later changed; the material was forwarded to the RDO, Sattenapalli / Chairman of the SDLC Committee for further action. The Court disposed of the writ petition directing the respondents not to dispossess the petitioners from the subject land without following due procedure of law. No order as to costs; pending miscellaneous applications closed.

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APHC010344062025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE SIXTEENTH DAY OF JULY \ TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 17646 OF 2025

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Between:

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Sapavatu Maruvani, W/o Sapavatu Janu Naik(Late) Aged about 68 years, Occ. Farmer, R/o. 1-223, Challagariga, Atchampet, Palnadu District.

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Sapavathu Raveendra, D/o Sapavatu Janu Naik(Late) Aged about 38 years, Occ. Farmer, R/o. 1-223, Challagariga, Atchampet, Palnadu District.

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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, A.P. Secretariat, Velagapudi, Amaravathi,^Guntur District.

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The District Collector, Palnadu District, Narsaraopet.

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The District Tribal Welfare Officer and Empowerment Officer, Narsaraopet, Palnadu District.

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The Divisional Forest Officer, Narsaraopet Division, Palnadu District.

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The Forest Range Officer, Atchampet Range, PalnaduDistrict

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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 order or direction more particularly^{inthenatureofwritof} mandamus declaring the action of the respondents 4 and 5 in trying to evict the petitioners admeasuring for an extent of land Ac 2.00 cents and Ac. 3.00

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cents respectively in Sy.No. 115 situated at Challagariga village, Atchampet Mandal, Sattenapalli Division, Palnadu District without issuing any notice as illegal, arbitrary, violation the principles of natural Justice, articles 14, 21 and 300-A of the Constitution of India and violation of forest rights act 2006, and consequently direct the respondents to protect the petitioners lawful possession and livelihood.

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lA NO: 1 OF 2025

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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 direct the respondents 4 and 5 not to disposes or interfere with possession and peaceful enjoyment of the petitioners admeasuring for an extent of land Ac 2.00 cents and Ac. 3.00 cents respectively in Sy.No. 115 situated at Challagariga village, Atchampet Mandal, Sattenapalli Division Palnadu District.

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Counsel for the Petitioners: SRI GOUTHAMI SURAPAREDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following Order:

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APHC010344062025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3311]

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Wednesday, the Sixteenth Day of July, Two Thousand and Twenty Five

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Present

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The Honourable Ms. Justice B.S.Bhanumathi

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Writ Petition No.17646 of 2025

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Between:

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Sapavatu Maruvani and other

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...Petitioners

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And

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The State of Andhra Pradesh and 4 others

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...Respondents

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Counsel for the petitioners

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I.Gouthami Surapa Reddy

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Counsel for the respondents

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1 .Government Pleader for Forests

BSB,J

W.P. 17646 of 2025

The Court made the following :

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ORDER:

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This writ petition is filed under Article 226 of Constitution^of India to grant the following relief;

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to issue order or direction more particularly in the^nature of writ of mandamus declaring the action of the respondents No.4 and 5 in trying to evict the petitioners admeasuring^for an extent of land Ac.2.00 cents and Ac.3.00 cents respectively in Sy.No.115 situated at Challagariga village Atchampet Mandal, Sattenapalli Division, Palnadu District without issuing any notice as illegal, arbitrary, violation^ofthe principles of natural Justice, Articles 14, 21 and^300-Aofthe Constitution of India and violation of Forest Rights Act, 2006 and consequently direct the respondents to protect the petitioners lawful possession and livelihood and to pass such other order or orders as this Court may deem fit^and proper in the interest of justice.”

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The case of the petitioners is briefly as follows;

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The petitioners are lawful cultivators and residents of Challagariga village, Palnadu District. They have been in peaceful and continuous possession and cultivation of the forest^land of Ac.2 and Ac.3 respectively in survey No.115 for more than 30 years. They were issued pattadar pass books to the^saidlands recognizing their rights under the Forest Rights Act, 2006, after due verification and recommendation by the District^{TribalWelfare} Officer and Empowerment Officer, Narsaraopet, Palnadu District, the Divisional Forest Officer / Deputy Conservator of Forests,

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¶51

BSB,J W.P.17646 of 2025

¶52

Palnadu District and the District Collector, Palnadu District. The petitioners were conferred security of tenure over^{theforestland} as mandated under sections 3 (1) (a) and 4 (5) of the Act, 2006. While so, the forest officials, in collusion with the private individuals by names Pasupuleti Papireddy, Mungala Peddasaidulu and Kannekanti Tirupathi Rao, unlawfully interfered with the possession of the petitioners on 28.06.2025 and threatened them with dire consequences. Such attempt, without revoking the pattadar pass books or issuing any notice or passing proceedings is illegal. Hence, this writ petition was filed. 03. The learned Assistant Government Pleader for Forests placed on record a copy of the letter addressed by^{DistrictForest} Officer, Palnadu addressed to the Government Pleader for Forests vide Rc.No.813 / 2025 / TO dated 09.07.2025 wherein, while denying the contention of the petitioners about forceful dispossession, it is mainly stated as follows: 1.Representation from residents of Challagariga village^with respect to “illegal sanction of Forest land (RoFR)^documents in 2023 to Sapavath Ravindra bai & Smt.Sapavath Marvani Bai” duly mentioning the violations for taking necessary action is addressed by the Hon’ble member of legislative Assembly, Pedakurapadu to the Collector & District Magistrate, Palnadu in this Lr.No.422(X) / 2025 / MLAPKPD. Dated 25.04.2025 (Copy enclosed).

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2.The representation with endorsement of District Collector & Magistrate to examine is received on 08.05.2025 by^the undersigned who is the 4"^ respondent in the subject^writ petition.

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¶55

BSB,J W.P. 17646 of 2025

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S.The District Forest Officer, Palnadu respondent herewith forwarded representation to the District Tribal Welfare Officer i.e., 3'^^ respondent in Rc.No.471^/2025/TO, dated 13.05.2025 to examine & provide information with respect to violations cited (Copy enclosed). 4.Accordingly, the District Tribal Welfare Officer / the 3 rd Respondent in her letter Rc.No.1/2025, dated 19.05.2025 (copy enclosed), the 3'^'^ respondent furnished information stating that as per the available details from surveyor,

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(a) “Gramsabha was not conducted in the said Challagariga Panchayat and Gramsabha Resolution copy is not available”, (b) The two names i.e., Sapavath Maruvani (2.00 Acres) & Sapavath Raveendra Naik (3.00 Acres) are reported in Taduvai Panchayat in Annexure-I but shown as Challagariga Panchayat in RoFR Title deed, (c) Further the 3^^^ respondent / DTWO has also stated that in Annexure-I, the Name is actually shown as “Sapavath Ravindra Naik and later it was changed in title deed as Ravindra Bai”.

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Hence prima facie, it is observed that discrepancies are present in RoFR Title deed / Forest Rights recognition with respect to the petitioners here in. th 5. The District Forest Officer, Palnadu, the 4 respondent herein was forwarded the representation of villagers to the Forest Range Officer, Narasaraopeta^inDFO Rc.No.471/2025-TO (i), datedil3.05.2025 & 31.05.2025 (copies enclosed) for submitting information.

BSB,J

W.P.17646 of 2025

6.The FRO. Narasaraopeta in her Rc.No.58/2025/NRT, dated 09.06.2025 (Copy enclosed) has submitted that^the subject area falls in Venkatayapalem RF, Tsaltagariga^Beat of Narasarapeta Range. /.Meanwhile, representation is also received on 22.05.2025 from the petitioners herein by the 4*'' respondent i.e., District Forest Officer, Palnadu duly mentioning that there are certain individuals names Pasupuleti Papireddy, S/o^Venkat Reddy, Kannekanti Tirupati Rao, S/o Koteswara Rao who have been trying to evict the petitioners from their land and an SC / ST Atrocity case was registered against them. Further the petitioners alleged that Forest Officials also trying to evict them from land, 8.The 4th respondent here in has forwarded the representation of the petitioners to the .Forest Range Officer, Narasaraopeta i.e., the 5‘^ respondent to examine the content and to comply with section 4 (5 ) of the scheduled Tribes and other Traditional Forest Dwellers (RoFR) Act, 2006. 9.The 5*^ respondent has submitted compliance report in Rc.No.RoFR/NRT, dated 24.05.2025 (copy enclosed). 10.ln view of the above circumstances, the 4‘^ respondent, the District Forest Officer, Palnadu has forwarded the information received with respect to the petitioners^hereinto the RDO, Sattenapalli / Chairman of the SDLC committee for further action in Rc.No.471 / 2025 / TO, dated 08.07.2025 (Copy enclosed).

BSBJ

W.P. 17646 of 2025

The discrepancies found in Forest Rights recognition was forwarded to the Sub-Divisional Level Committee / SDLC, Chairman for further action.”

¶67

The learned counsel for the petitioners submitted that^the respondents cannot interfere with the peaceful possession and enjoyment of the land of the petitioners without following due procedure of law and accordingly, suitable directions may be given to the respondents by disposing this petition.

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The learned Assistant Government Pleader for Forests submitted that the respondents commenced the due procedure^as mentioned in the written instructions. She further submitted that there is material procedural lapse in granting pattadar pass books to the petitioner as the land is in Challagariga village,^whereas there was no Gramsabha held in Challagariga village^and their names were shown in the Taduvai village and that Gramsabha^of the local community which is competent body did not pass any resolution on the claims of the forest rights of the petitioners. She further reiterated the contents of the written instructions.

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06 In reply, the learned counsel for the petitioners has submitted that the petitioners are entitled to protection^to their possession over the land till the procedure is completed as mentioned in the written instructions.

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After hearing both sides, and considering their submissions, this writ petition is disposed of directing the respondents not to

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¶72

BSB,J W.P. 17646 of 2025

¶73

dispossess the petitioners from the subject land without following due procedure of law.

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There shall be no order as to costs.

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As a sequel thereto, the miscellaneous petitions, if any,

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pending in this writ petition shall stand closed.

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//TRUE COPY//

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Sd/- N. NAGAMMA ASSISTANT REGISTRAR

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/ SECTION OFFICER

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To,

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The Principal Secretary Forest Department, A.P. Secretariat,

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Velagapudi, Amaravathi, Guntur District.

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The District Collector, Palnadu District, Narsaraopet

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The District Tribal Welfare Officer and Empowerment Officer,

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Narsaraopet, Palnadu District.

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The Divisional Forest Officer, Narsaraopet Division, Palnadu District.

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The Forest Range Officer, Atchampet Range, Palnadu District

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One CC to SRI. GOUTHAMI SURAPAREDDY, Advocate [OPUC]

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

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Two CD Copies

vna

HIGH COURT

DATED: 16/07/2025

ORDER

WP NO. 17646 OF 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Procedural history

How this case reached the court

AI extract

Order under challenge
Alleged action of respondents 4 and 5 (Divisional Forest Officer and Forest Range Officer), in collusion with private individuals, interfering with the petitioners' possession and attempting to evict them from Ac.2.00 cents and Ac.3.00 cents in Sy.No.115, Challagariga village, without revoking pattadar pass books or issuing any notice.¶52
28.06.2025
Prior proceeding
Representation from residents of Challagariga village alleging illegal sanction of Forest land (RoFR) documents in 2023 to the petitioners was addressed by the Hon'ble Member of Legislative Assembly, Pedakurapadu to the Collector & District Magistrate, Palnadu in Lr.No.422(X)/2025/MLAPKPD dated 25.04.2025.¶52
Prior proceeding
The representation, with endorsement of the District Collector & Magistrate to examine, was received by the District Forest Officer (4th respondent) on 08.05.2025.¶53
Prior proceeding
The District Forest Officer, Palnadu forwarded the representation to the District Tribal Welfare Officer (3rd respondent) in Rc.No.471/2025/TO dated 13.05.2025 to examine and provide information on the violations cited.¶56
Prior proceeding
The District Tribal Welfare Officer furnished information in her letter Rc.No.1/2025 dated 19.05.2025 based on surveyor details.¶56
Prior proceeding
DTWO reported discrepancies: no Gramsabha was conducted in Challagariga Panchayat and no Gramsabha Resolution was available; the two names (Sapavath Maruvani - 2.00 Acres, Sapavath Raveendra Naik - 3.00 Acres) are reported under Taduvai Panchayat in Annexure-I but shown as Challagariga Panchayat in the RoFR Title deed; the name shown as 'Sapavath Ravindra Naik' in Annexure-I was later changed to 'Ravindra Bai' in the title deed.¶57
Prior proceeding
The Forest Range Officer, Narasaraopeta submitted a report in Rc.No.58/2025/NRT dated 09.06.2025, stating the subject area falls in Venkatayapalem RF, Narasarapeta Range.¶62
Prior proceeding
Representation of the petitioners received by the District Forest Officer on 22.05.2025, mentioning that certain named private individuals were trying to evict them from their land and that an SC/ST Atrocity case had been registered against those individuals; the petitioners also alleged that forest officials were trying to evict them.¶62
Prior proceeding
The District Forest Officer forwarded the information received regarding the petitioners to the RDO, Sattenapalli / Chairman of the SDLC Committee for further action in Rc.No.471/2025/TO dated 08.07.2025.¶62

Sapavatu Maruvani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sapavatu Maruvani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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