Maddiralla Kancham Reddy vs The State Of Andhra Pradesh,
2023 Latest Caselaw 590 AP

                   THE HON'BLE SRI JUSTICE M. GANGA RAO

                WRIT PETITION Nos.5418 & 15134 of 2021


COMMON ORDER:


      The facts and law raised in these writ petitions are one and the same.

Hence, both these writ petitions are taken up for hearing together and are

being disposed of by this common order.


2.    The lis revolves around the land extent Ac.15.00 cents in Sy.No.684

of   T.Sakibanda    Village,   Chinnamandyam   Mandal,    Kadapa    District.

Assignments were made in favour of the petitioners and respondents sought

to cancel the said assignments on the ground that the land is Reserve Forest

land and the Tahsildar granted DKT pattas in respect of the forest land

contrary to the provisions of Paragraph No.18(1) of the Revenue Board

Standing Order No.15.

3. The gravamen of the petitioners in WP.No.5418 of 2021 is that they

are in peaceful possession and enjoyment of the land assigned in their

favour by the 6th respondent vide DKT patta Nos.8/1419, 9/1419, 10/1419,

12/1419 dated 14.04.2010 whereby each petitioner was assigned land extent

Ac.2.50 cents in Sy.No.684/4, 684/5, 684/6 and 684/8 of Devarandlapalli,

T.Sakibanda Village, Chinnamandyam Mandal, Kadapa District. Their names

were mutated in the revenue records and pattadar passbooks were also

issued vide khata Nos.930, 931, 932, 933, 934 & 936. In Form 1B and

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adangals their names are reflected as D Form pattadars. As per RSR, the

subject land in Sy.No.684 of T. Sakibanda village is classified as Gayalu and

subject land is purely revenue land. It is not a reserve forest land as

claimed by the forest department and respondent authorities are interfering

with the peaceful possession and enjoyment of the land by the petitioners

without issuing any notice and without cancelling the said pattas.

4. On 08.03.2021, learned Government Pleader, on instructions, stated

that there was a joint survey conducted by the revenue department and

forest department in relation to Sy.No.684 of Devaravandlapalli,

T.Sakibanda Village, Chinnamandyam Mandal, Kadapa District on 19.8.2020

and it was agreed by both the departments that Sy.No.684 would fall within

the forest area and the said survey was conducted in the presence of the

petitioners and it was also found that the petitioners were not carrying on

agricultural activities in the said land and do not appear to be in possession

of the land; however, learned counsel for the petitioners disputed the same

and submitted that the petitioners are in possession of the land and the

report of joint survey has already been filed by the petitioners along with

the material papers. Hence, this Court while posting the writ petition to

20.03.2021 for counter directed that status quo on the land, obtained as on

that date, shall be maintained for a period of two weeks. Thereafter, the

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order has been extended from time to time and finally the same was

extended until further orders on 21.10.2021.

5. While the things stood thus, the 3rd respondent issued show cause

notice in Ref.No.E1/494/2021, dated 17.06.2021, which was served on the

petitioners on 17.07.2021, exercising power as per BSO 15 para 18(1), to

show cause as to why the land assigned to the petitioners in Sy.Nos.684 of

T.Sakibanda village should not be cancelled as the subject land is prohibited

for assignment in view of its location in forest as reported, and to submit

explanation within a period of 15 days from the date of receipt of the

notice, failing which it would be construed that the petitioners have no

explanation to offer and final decision will be taken based on the available

record. The petitioners filed WP.No.15134 of 2021 on the ground that the

said show cause notice was issued contrary to the joint inspection report

dated 05.11.2021 and report of the Tahsildar dated 29.05.2021 and re-

survey settlement register where the land is classified as Gayalu and not a

forest land and also contrary to the interim order of status quo granted in

IA.No.1 of 2021 in WP.No.5418 of 2021 dated 08.03.2021.

6. These two matters are listed before this Court after obtaining

appropriate orders from the Hon'ble the Chief Justice for disposal.

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7. The case as culled out from the counters filed by the respondent

authorities in both the writ petitions is that in the year 2010, the then

Tahsildar, Chinnamandem Mandal granted DKT pattas of land extent Ac.2.50

cents each in Sy.No.684/4, 684/5, 684/6, 684/7 and 684/8 total extent

Ac.15.00 cents, to the petitioners and some other persons who were residing

at Devarandlapalli of T.Sakibanda Village of Chinnamandem Mandal, without

scrutinizing the sub-division records. The Tahsildar, Chinnamandem treating

the land extent Ac.81.07 cents in S.No.684, as per RSR wherein it is

classified as Gayalu (Un assessed waste), granted assignments to the

following persons.

Sl.No. Sy.No.        Extent (in Name of the beneficiary    DKT No and date
                     Acs)
1      684-4         2.50       Smt. Maddirala Reddi       8/1419,
                                Sudha, W/o Srinivasulu     14.04.2010
                                Reddy
2      684-8         2.50       Smt           Bodeddula    9/1419,
                                Bayamma, W/o Konda         14.04.2010
                                Reddy
3      684-6         2.50       Sri Maddiralla Kancham     10/1419,
                                Reddy, S/o Bayya Reddy     14..04.2010
4      684-9         2.50       Smt    Nallapureddigari    11/1419,
                                Duggamma, W/o.Gangi        14.04.2010
                                Reddy
5      684-5         2.50       Smt            Maddirala   12/1419,
                                Naramma, W/o Bayya         14.04.2010
                                Reddy
6      684-7         2.50       Smt            Maddirala   13/1419,
                                Chinnakka, W/o.Chinna      14.04.2010
                                Reddy
       Total         15.00

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                                                      WPs_5418&15134_2021

As per the joint survey conducted at the request of Smt B. Bayamma and

five others, as per the instructions of District Collector, Kadapa vide

Ref.No.E6/1634/2020, dated 01.08.2020, the following officers attended the

joint inspection for survey of the land in Sy.No.684 extent Ac.22.57 cents of

Compartment No.721 in Papepalli Revenue Forest of Chinnamandem Mandal

on 25.09.2020.

Sl.No. Name                        Designation

1      Sri G.V. Nageswara Rao      Tahsildar, Chinnamandem

2      Sri U. Prasad Rao           Assistant Director, Survey &         Land
                                   Records, Kadapa
3      Sri S. Ramesh Babu          Deputy Range Officer, Rayachoty

4      Sri D.D. Mallikarjuna Deputy Inspector of Survey (TF), Kadapa
       Naidu
5      Smt A. Sravanthi      Revenue Inspector, Chinnamandem

6      Smt G. Bhuvaneswari         Mandal Surveyor, Chinnamandem

7      Sri S.V. Subbarayudu        Forest Beat Officer, T. Sakibanda Beat

8      Sri S. Shanshavalli         Village Revenue Officer, T. Sakibanda

9      Sri P. Ram Prasad           Village Surveyor, T. Sakibanda

All the above officers have inspected the boundary of Sy.No.684 of

T. Sakibanda village to decide the boundary dispute on the Southern side of

the village with reference to the village map, FMB of the above village duly

taking into consideration of Taluk map and forest beat map. As per the joint

inspection of above offices, it was reported that, as per RSR of T.Sakibanda

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Village of Chinnamandem Mandal, the land in Sy.No.684 total extent

Ac.81.07 cents is classified as Government (G) at column No.4 and un-

assessed (U) at column No.5 and its features are dotted at column No.16 and

remarks column No.17 noted as 'gayalu'. The land in Sy.No.684 is Ac.58.26

cents when calculated through traverse data but in the RSR the extent in

Sy.No.684 is noted as 81.07 cents and there is difference in extent. The

petitioners and villagers claim that FMB has been wrongly notified and there

is a need to correct FMB to match the RSR extent of T. Sakibanda village.

Further, the report says that the land parcel of extent Ac.22.81 cents is

claimed by the forest department as notified as reserve forest as per the

gazette notification Ootacamund, August 23rd, 1905. New survey numbers

have been formed an extent of 15.78 hectares and its equal to 39 acres from

1227 to 1233 on 01.11.1974 vide proceedings of the Assistant Director,

Survey & Land Records, Kadapa vide R.Dis.4052/74 dated 04.11.1974. Later

DKT pattas were issued in the year 2010 an extent Ac.15.00 cents of

T.Sakibanda Village. But there are no scrutinized sub division records of

DKT pattas. The report further states that the pattadars are not cultivating

the land at the time of joint inspection and they are not having physical

possession of the land. On observation of forest map of Papepalli East

Reserve Forest, obtained from forest department, the boundary of reserve

forest matches with shape of survey No.684 currently in FMB and also with

village map. The total extent of Ac.81.07 cents as notified as per RSR

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cannot be reconciled with this shape of survey field. On closer observation

of the forest map, it can be seen that a part extent of survey field No.684

falls inside the boundary of reserve forest and was notified as Papepalli East

Reserve Forest through gazette notification Ootacamand, August 23rd, 1905.

There are survey stones existing in the disputed land that confirm that

Sy.No.684 partially has been certified as reserve forest. The gazette

notification mentions that the boundary of reserve forest runs from south

west corner of Sy.No.684 (partially inside reserve forest) of T. Sakibanda in

a straight line to the Khandam stone on west side of Sy.No.682 north of its

south west corner. Part of the land in Sy.No.684 is inside reserve forest.

The assignees also approached the Principal Junior Civil Judge, Rayachoty

by filing suits OS.Nos.117 of 2021, 120 of 2014 and OS.No.116 of 2014, for

grant of permanent injunction. OS.No.120 of 2015 was decreed on

05.12.2019. The judgment and decree alternatively states that the

possession of the plaintiffs have to be protected by way of permanent

injunction; if plaintiffs are not eligible to get DKT pattas, concerned

authorities are free to take steps for cancellation of DKT pattas and the

same has become final. Reserve forest survey boundaries are existing in

Sy.No.684. As the assignment pattas are granted to ineligible persons and in

respect of the reserve forest land contrary to the provisions of BSO 15 para

18(1) the impugned notice was issued called for explanation. Petitioners

instead of submitting explanation approached this Court.

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8. Sri G. Elisha, learned counsel appearing for Sri S. Srinivasa Rao,

learned counsel for the petitioners on record, would submit that the

respondent authorities are interfering with the peaceful possession and

enjoyment of the petitioners by misunderstanding the joint survey report

wherein it is specifically stated that there is a discrepancy with regard to

extent of land in Sy.No.684 of T. Sakibanda village as per the RSR and FMB

needs to be corrected to match the RSR revenue record. But no notification

is also issued with respect to the subject land as required under the

provisions of Section 4 of the A.P. Forest Act, 1967 and under Section 4 of

the Indian Forest Act to declare land as reserve forest by issuing gazette

notification. No evidence is placed with regard to the issuance of the

gazette notifications under the provisions of the Act. Merely basing on the

entries without notification said to be issued vide gazette notification and

no specified boundaries are there and respondents cannot claim the land as

reserve forest land contrary to the resurvey and settlement records wherein

it is specifically stating that the land in Sy.No.684 is classified as Gayalu as

per RSR and thereafter pattas were issued to the assignees. If the forest

department has any claim over the said land, they ought to have filed the

appeal before the Survey and Settlement for correction of entries and for

replanting of Khandam boundary stones as per forest boundary and also seek

a clarification from CCLA. There is no specific finding with regard to the

land dispute whether it is a reserve forest land or revenue land. As per the

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provisions of Section 4 of the Forest Act, whenever it has been decided to

constitute any land a reserved forest, the State Government shall issue a

notification in the Official Gazette declaring that it has been decided to

constitute such land a reserved forest; specifying, as nearly as possible, the

situation and limits of such land; and appointing an officer called the Forest

Settlement-officer to inquire into and determine the existence, nature and

extent of any rights alleged to exist in favour of any person in or over any

land comprised within such limits or in or over any forest-produce, and to

deal with the same as provided in this Chapter; for the purpose of clause

(b), it shall be sufficient to describe the limits of the forest by roads, rivers,

ridges or other well-known or readily intelligible boundaries. Therefore, the

Forest Settlement Officer is alone competent to decide the dispute as to the

nature of the subject land whether it is a reserve forest land or gayalu. The

respondent authorities without getting the dispute settled by the forest

settlement officer based on the joint survey report coming to the conclusion

that the subject land is a reserve forest land and issuance of the impugned

notice for cancellation of the assignment pattas rightly granted in the year

2010 is illegal and arbitrary and liable to be set aside.

9. Learned Government Pleaders for Revenue and Forests while

reiterating the averments of the counters and additional counters and

memos would contend that the land assigned to the petitioners by DKT

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pattas are part of the reserve forest land as per the gazette notification

Ootacamund August 23rd, 1905 and within the forest boundaries. The same

is clearly demarcated in the joint survey conducted by the officials.

Petitioners also participated in the said survey. The petitioners instead of

maintaining status quo as ordered by this Court on 08.03.2021, under the

guise of the status quo orders they ploughed the disputed land with tractors

and proclainers and planted mango and coconut trees in the land in

violation of the status quo orders passed by this court. The subject land in

dispute is full of shrubs covered by grass and bushes. Learned Government

Pleader for Forests referred to the photographs filed vide memo under

USR.No.64969 of 2021 filed in WP.No.5418 of 2021 and stated that

petitioners made encroachment of the land on the night of 26.03.2021 in

the early morning of 27.03.2021 with tractors and proclainers, removed

bushes and boulders. He also filed google earth image taken on 05.06.2019

& 23.04.2021 and also photos taken by the forest department on

05.12.2021, 02.12.2021 and 10.12.2021 and on 11.12.2021 and 13.12.2021.

The petitioners are not law abiding citizens. They got various lands assigned

during the year 2010 but not cultivated the land. When the forest officials

claiming the land as forest land as per the reserve forest boundaries, the

petitioners approached the civil court by filing injunction suits against the

third parties and impleading the District Collector and Tahsdilar. Forest

department is not made as a party respondent. Thereafter, filed

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WP.No.5418 of 2021 and this court ordered that status quo obtained as on

that date shall be maintained in respect of the subject land on 08.03.2021.

The impugned notices were issued as to why assignment should not be

cancelled based on the joint survey conducted by the officials at the

instance of the petitioners could not be said to be illegal without

jurisdiction and contrary to the evidence available on record. It is merely a

show cause notice issued by the Joint Collector based on the joint survey

report and the evidence available on record, having come to the conclusion

that the assignments were made contrary to BSO 15 para 18(1). The

petitioners have to submit their explanation along with necessary

documents and have to participate in the enquiry and the Joint Collector

would take appropriate decision in pursuance of the impugned notice as per

law. Such exercise cannot be prevented by filing WP.No.15134 of 2021.

10. This Court, having considered the facts and circumstances of the

case, submissions of the learned counsel and on perusal of the material

record, found that originally Ac.81.07 cents in Sy.No.684 of T. Sakibanda

village, as per RSR, is found to be government land (Gayalu) but on

inspection and survey the land extent Ac.22.57 cents in Sy.No.684 forms

part of compartment No.721 in Papepalli East reserve forest of

Chinnamandyam Mandal. As per the forest notification Ootacamand August

23rd, 1905, and the boundaries given in the said notification and the

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boundaries existing on the subject land, the show cause notices issued by

the Joint-Collector for cancellation of the DKT pattas issued in favour of the

petitioners could not be said to be not based on any evidence that the

subject lands are reserve forest lands and assignments are made contrary to

BSO 15 para 18(1). This Court under Article 226 of the Constitution of India

generally would not undertake to enquire into the disputed questions of fact

to find out the veracity of the facts and decide the lis. The petitioners

approached this court without submitting explanations to the show cause

notices to enable the Joint Collector to exercise his power conferred by the

Statute.

11. In view of the facts and circumstances of the case, this court felt it

appropriate to dispose of the writ petitions giving liberty to the petitioners

to submit their explanations to the show cause notices dated 17.06.2021,

within a period of four weeks from the date of receipt of a copy of this

order, and on the petitioners submitting the explanations, the Joint

Collector, is directed to consider the same as per law and pass appropriate

orders after giving opportunity to the petitioners to put forth their case

within a period of eight weeks thereafter. Petitioners are directed to

cooperate with the Joint Collector. Pending the above said exercise, the

status quo granted by this Court on 08.03.2021 shall remain in force.

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12. The Writ Petitions are accordingly disposed of. No order as to costs.

Pending Miscellaneous Petitions shall stand closed.

_______________________ JUSTICE M. GANGA RAO

03.02.2023 Vjl

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THE HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION Nos.5418 & 15134 of 2021

03.02.2023

Vjl