THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
I.A.No.1 of 2023
in/and
WRIT APPEAL No.318 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Sudharshan, learned Government
Pleader for Forest Department representing the appellants.
2. This appeal is directed against the order dated
28.05.2020 passed by the learned Single Judge in
W.P.No.7224 of 2020 filed by the respondent as the writ
petitioner.
3. Order dated 28.05.2020 is self-explanatory and is extracted in its entirety as under:
Seeking a mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner over the agricultural land in Survey No.44/1, admeasuring Acs.2.20 guntas in Didigi Village, Zaheerabad Mandal, Sanga Reddy District, without following due process of law, though he is in possession of the said land under a valid 2 assignment patta issued by the Tahsildar, Zaheerabad, dated 05.09.2008, as illegal and arbitrary, this Writ Petition is filed.
Heard learned counsel for the petitioner.
Learned Government Pleader for Forests submits that even assuming the petitioner was granted patta by the revenue authorities, the very granting of patta being illegal, without any authority and in contravention of the forest laws, the respondent authorities would take necessary steps with respect to the said patta. However, as the petitioner asserts that he is in possession of the land by virtue of the patta, necessary process will be followed for evicting him under the forest laws, assures the learned Government Pleader.
The Writ Petition is therefore, disposed of making it clear that the respondent authorities are entitled to take necessary legal steps in accordance with law and till then, they shall not interfere with the possession and enjoyment of the petitioner over the land in question, subject to the latter strictly using the said land for the purpose of agricultural operations. No costs.
4. There is a delay of 975 days in filing the writ appeal for which I.A.No.1 of 2023 has been filed by the appellants.
5. We have gone through the averments made in the supporting affidavit in I.A.No.1 of 2023 but we do not find 3 any averments constituting sufficient cause to explain the delay of 975 days. As per the averments made in the affidavit accompanying I.A.No.1 of 2023, even the contempt case filed by the respondent, being C.C.No.350 of 2020, for alleged violation of the order dated 28.05.2020 was closed on 10.02.2023. It was thereafter that a decision was taken to file the related writ appeal.
6. There is thus no averment in the delay condonation application explaining the inordinate delay of 975 days in filing the writ appeal.
7. Adverting back to the order passed by the learned Single Judge, we are of the view that the said order, as extracted above, cannot be said to be in any manner adverse to the appellants. Appellants have been given liberty to take necessary legal steps against the respondent but till such steps are taken respondent's possession over the land in question should not be disturbed.
8. On a query by the Court as to whether appellants have initiated any process for eviction of the respondent 4 after the order dated 28.05.2020 was passed, learned Government Pleader submits that several notices have been issued as well as joint survey was conducted. As clarified by the learned Single Judge, appellants are at liberty to take appropriate steps in accordance with law against the respondent. But, without following the due process, respondent cannot be evicted.
9. We, therefore, find no merit in the writ appeal as well as no grounds for condoning the delay.
10. Both I.A.No.1 of 2023 as well as the writ appeal are hereby dismissed.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 14.03.2023 vs