Disposed¶28

K Jhansi v. The State of Andhra Pradesh

Andhra Pradesh HC1 Jan 2025WP/23515/2024

Case brief

AI extract

What is this about?

APHC010453962024; WRIT PETITION No: 23515/2024; Justice Tarlada Rajasekhar Rao; disposed 02.01.2025; wild animals; reserve forest; elephant proof trench; compound wall; Sy.No.210 & 212; Thimminaidupalem; Tirupati; District Forest Officer; Anti-poaching squad; camera traps; Article 226; Articles 14, 21 and 300A; Writ of Mandamus; representations dated 01.11.2022, 15.07.2024, 19.07.2024; State of Andhra Pradesh.

What did the court decide?

Direction to the petitioners to construct compound wall with their own funds; Writ Petition disposed of with no order as to costs and pending Interlocutory Applications closed. ¶28

K Jhansi Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010453962024

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

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[3330]

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THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No: 23515/2024

Between:

K Jhansi and Others

...PETITIONER(S)

AND

The State of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.M HEMALATHA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR FORESTS

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3.GP MUNCIPAL ADMN AND URBAN DEV AP

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The Court made the following:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India for 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 the action of the Respondent No.1 to 7 in on taking any action on the representations submitted by the petitioners dated 01.11.2022, 15.07.2024 and 19.07.2024 and to protect from wild animals and burying the dead bodies in reserve forest land adjacent to the houses of the Petitioners to take permanent solution between forest land and the layout in Sy.No.210 & 212, as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 21 and 300A of the Constitution of India, and consequently direct the Respondent No.1 to 7 to restrain burning the dead bodies in the reserve forest land, which is just adjacent to the houses of the Petitioners, and pass such other orders…..."

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The petitioners herein made a representation on 14.11.2024 to the District Forest Officer, Tirupati, to give protection from wild animals entering into the colony of the petitioners.

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The District Forest Officer, Tirupati, addressed a proceeding vide Rc.No.955/2024/S3 dated 12.12.2024 to the Government Pleader for Forests, High Court of Andhra Pradesh, which transpires that the elephant proof trench was already dug along the forest boundary near the C.T.O. layout situated in Sy.No.210 and 212, Thimminaidupalem village and Grama Panchayat of Tirupati Urban Mandal, Tirupati District, by the Forest Department, to prevent movement of wild animals. And it is further stated that there is no objection to construct compound wall in the patta lands/layout premises of CTO colony situated in the revenue

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land. It is further stated that regarding wild animals like leopards, jackals and wild animals entering in the colony of the petitioners situated in Sy.No.210 and 212, Thimminaidupalem Village and Grama Panchayat of Tirupati Urban Mandal, Tirupati District from forest area at night, the respondent officials of Forest Department has formed Special Team under the leadership of the Forest Section Officer, T.N.Palem Section for patrolling day and night to make loud sounds with the help of plastic guns or crackers and to drive the leopard and other wild animals into the reserve forests and also arranged camera traps in the locations of leopard movement in Commercial Tax Officers Layout, Thimminadupalem of Tirupati for capturing the leopard. In addition to this, the Anti-poaching squad with the leadership of Forest Range Officer, Anti-Poaching (WLM) Range, Tirupati has also monitoring the movements of wild animals regularly from nearby reserve forests, which are coming into their colony.

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In view of the said assertion made in the written instructions, addressed by the District Forest Officer to the Government Pleader for Forest stating that the respondents have no objection to construct the compound wall, this Court is inclined to dispose of the Writ Petition with a direction to the petitioners to construct compound wall with their own funds.

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