HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.43618 of 2022
O R D E R:
This writ petition is filed seeking the following relief:
"...pleased to issue an appropriate a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 7th respondent has passed the impugned resolution on 26/11/2022 to send the Scheduled Tribe Community people to the Chattisgarh as an ex-facie illegal arbitrary discriminatory unfair unjust unreasonable unlawful irrational unconstitutional and in violative of the provisions of the Panchayat Raj Act 1994 Panchayat Raj Act 2018 and the provisions of the Scheduled Tribes and other Traditional Forest Dwellers Recognition of Forest Rights Act 2006 and its Rules and in violative of Article 14 21 300-A 242 and 366 of the Constitution of India and against to the principles of natural justice and set aside the same and against to the Catena of Judgments of an Apex Court and this Honourable Court and consequently direct the respondents to protect the Right to Life of the Scheduled Tribe Community who residing in the 7th respondent Gram Panchayat and pass.."
2. Learned counsel for the petitioner Mr. Dunna Ambedkar submits that petitioners belong to Scheduled Tribe community and they are living in the 7th respondent Gram Panchayat since 1998 till today and eking out their livelihood by doing cultivation. He submits that they cultivate the land in rainy season and in remaining seasons, they collect the minor forests produce and sell the same to the ITDA purchase centres. He submits that on 22.11.2022, petitioners are cultivating the land in the beat of Chandrugonda jurisdiction for the past 25 years and one incident took place where the Forest Ranger, by name, Mr. Srinivas died in the quarrel took place between the forest authorities and forest dwellers and they were arrested and sent to the judicial custody. Basing on the same, the Grama Panchayat has passed a resolution that all these Scheduled Tribe dwellers shall be sent to Chattisgarh State. He submits that the resolution passed by the Grama Panchayat is contraty to law and unconstitutional. He submits that the respondent-Grama Panchayat has no such authority to pass such resolution.
3. Learned Assistant Government Pleader appearing for respondent No.8 i.e. District Forest Officer submits that the petitioners are migrants from Chattisgarh State and illegally occupied the forest area in the year 2016. He submits that they cleared valuable forest and doing illegal cultivation at Bendalapadu forest area and they are further extending their encroachments every year. He submits that they are hunting wild animals and they have become habitual offenders and causing damage to the forests and wild life. He submits that cases were also registered against them for the offences committed by them in the said area and also recently killed a forest officer. He submits that it is very much essential to evict them from the deep forest areas in the interest of forest protection and conservation.
4. Order that is impugned in this writ petition is a resolution passed by the Grama Panchayat whereby the respondent-Grama Panchayat has taken a decision to remove all these Tribals from the said village and to send them back to the Chattisgarh State. On the face of it, the order is bad and the Grama Panchayat has no such authority to take such decision. Even if the submission made by the learned Assistant Government pleader is taken into consideration, if the said Tribals are involved in any of the offences, they have to take recourse only in accordance with law and there cannot be any high handed and arbitrary action on behalf of the respondents.
5. Hence, this writ petition is allowed by setting aside the proceedings dated 26.11.2022. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J 5th December , 2022 Myk Note:‐ Issue C.C. tomorrow.