Andhra Pradesh High Court - Amravati

O. Babu Naidu vs The State Of Andhra Pradesh, on 9 January, 2024

          HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.30670 of 2021

ORDER:

The present Writ Petition came to be filed under Article 226

of the Constitution of India seeking the following relief:-

".... to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.2 to 4 in interfering with the peaceful possession and enjoyment of the land to an extent of Ac.5.00 each of the petitioners in Sy.No.1075 of Singirigunta Village of Kondamari Revenue Village, Sowdepalli Mandal, Chittoor District, even after conducting survey by the both the deportments in pursuance of the judgment in W.P.No.5441 of 2019 dated 10.08.2020 is illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 to 4 not to interfere with the peaceful possession and enjoyment of the land to an extent of Ac.5.00 each of the petitioners in Sy.No.1075 of Singirigunta Village of Kondamari Revenue Village, Chowdepalli Mandal, Chittoor and pass....."

It is the case of the petitioners that petitioners Nos.1 and 2

belong to poor economically backward community where as

petitioner No.3 belongs to poor SC Community and they are land

less poor persons. Land admeasuring Ac.187.00 in Sy.No.1075 of

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Singirigunta Village of Kondamari Revenue Village, Chowdepalli

Mandal, Chittoor District is Government Revenue Land as per the

A-Register maintained in the Revenue records and it is waste land

(Gayyalu) AWD. Respondent No.5 after verifying the Revenue

records thoroughly, has also supplied the copy of A-Register to

O.Sailaja Kumari, who is the wife of petitioner No.1 vide RTI

No.78/180, dated 14.09.2018.

It is further stated that the petitioners have occupied the

revenue land to an extent of Ac.5.00 each long back more than 30

years ago and they are eking out their livelihood by raising rain fed

crops likes Ground Nut, Red Gram, Green Gram, Javari etc.

Respondents Nos.3 and 4 have raised claim stating that

Sy.Nos.1075, 922-B which are situated at Singirigunta Village of

Kondamari Revenue Village, Sowdepalli Mandal, Chittoor District

comes under Forest land though the said Sy.Nos.1075, 922-B are

under Revenue Department as per the Revenue records, as such

joint survey was conducted by the both the Revenue Officers

including Survey officers and as well as Forest officers and their

Survey officers on 07.02.2017 and report was submitted by

respondent No.5 to the respondent No.3 to the effect that the said

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land comes under Revenue Department vide proceedings

Roc.A/21/2017 dated 21.04.2017.

It is further stated that the Forest officers while preparing

Forest Gazette and issuing Gazette notification there is variation in

showing 100 meters width difference for a length of 4 kilometers by

mistake and since there is a variation occurred in the sketch of

Forest department, respondent No.5 has requested respondent

No.3 to arrange expert survey officers from the side of the Forest

department so that re-survey can be done to rectify the mistakes

caused in the Forest records vide proceedings Roc. No.A/21/2017

dated 21.04.2017.

It is further stated that petitioner No.1 has raised mango

garden to an extent of Ac.2.50 cents since 2011 and remaining

land has been used for raising Rain fed crops like ground nut, red

gram, green gram etc., and also using the land for cattle feed.

Petitioner Nos.2 and 3 are cultivating the land by raising Rain fed

crops like ground nut, red gram, green gram etc. for more than 30

years as "Shivai Jamedars". In spite of repeated requests made by

respondent No.5, respondent Nos.3 and 4 have not arranged any

competent surveyors for conducting joint re-survey to decide the

issue, but the respondent Nos.3 and 4 are harassing the

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petitioners by obstructing them from cultivating the land by

causing damages to the crops including Mango garden raised by

petitioner No.1 and the petitioners with help of the neighboring

land owners prevented the high handedness of respondent Nos.3

and 4. Challenging the action of the respondents Nos.3 and 4 in

interfering with the peaceful possession and enjoyment of the land

to an extent of Ac 5.00 each of the petitioners in Sy.No.1075 of

Singirigunta Village, of Kondamari Revenue Village, Chowdepalli

Mandal, Chittoor District even without conducting joint re-survey,

the petitioners have filed Writ Petition No.5441 of 2019 before this

Court. While disposing of the said writ petition, this Court directed

the respondents therein to conduct joint survey in respect of the

land in question after giving the notice to the petitioners. In

pursuance of the said order, respondent No.5 - Tahsildar issued

notices to the forest officials for attending joint survey. In spite of

several notices issued by respondent No.5, the concerned officers

of respondent No.3 have not attended for joint survey on

15.05.2021. In such circumstances, respondent No.5 along with

the Mandal Surveyor, concerned Revenue Inspector and Village

Revenue Officer visited the field of the petitioners, conducted

survey and submitted a report that the land in survey No.1075 is a

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revenue land. Even after report submitted by respondent No.5, at

the instance of respondent Nos.2 and 3, the Forest Beat Officer -

respondent No.4 is obstructing the petitioners from cultivating

their land. Therefore, the petitioners requested this Court to direct

respondent Nos.2 to 4 not to interfere with the peaceful possession

and enjoyment of the subject land.

Respondent No.2 filed counter on behalf of respondent No.2

to 4 denying all the material allegations contending that the

petitioners have occupied the forest land of Madiramalai Forest

Block, which was notified under Section 6 of the Andhra Forest

Act, 1882 vide G.O.Ms.No.232 (F & Agl.) dated 30.06.1964. As per

the order dated 10.08.2020 passed by this Court in W.P.No.5441 of

2019, joint survey was conducted by the officials of Forest and

Revenue Departments on 06.01.2023 and 11.01.2023 and the joint

inspection report was finalized on 27.01.2023 and confirmed that

the part of the subject land i.e. Ac.2.25 cents falls within the

Madiramalai Forest Block (Compt No.135 in the locality of Pasi

Avula Thippa), and the same is notified under Section 6 of the

Andhra Forest Act, 1882. During the joint inspection, the petitioner

No.1 did not produce any revenue records or patta granted to him

relating to the subject land and refused to sign on the joint

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inspection report. Responded Nos.3 and 4 have never harassed the

petitioners in any manner and only prevented the unauthorized

entry into occupied land to an extent of Ac.2.25 cents. Further, no

pattas were granted to the petitioners. The map prepared by the

joint inspection team shows that the subject land to an extent of

Ac.2.25 cents falls inside the Madiramalai Reserve Forest and the

petitioners encroached the revenue land of an extent of Ac.3.55 in

Sy.No.1075 of Kondamarri village. The claim of the petitioners that

they are "Shivai Jamedars" is not supported by any documentary

evidence and requested to dismiss the writ petition.

Respondent No.5 filed counter contending that the land in

Sy.No.1075 of Kondamarri Revenue Village is classified as

Government Revenue Land. The land to an extent of Ac.157.33

cents in Sy.No.1075 of Kondamarri Village is registered as "Gayalu"

in the revenue accounts and some portion of the land was included

in the Reserve Forest of "Madiramalai Forest Block" and notified

under Section 15 of the Andhra Pradesh Forest Act, 1967 (for short

"Act 1 of 1967"). The petitioners have occupied Ac.5.00 cents of

land in Sy.No.1075 of Kondamarri village 30 years back. Recently,

petitioner No.1 encroached the land in an extent of Ac.2.50 cents

in the forest land. In pursuance of the orders passed by this Court

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in W.P.No.5441 of 2019, joint inspection was conducted and found

that the disputed area exists in S.No.1075 of Kondamarri village

and the petitioner encroached an extent of Ac.2.25 cents which

falls in Maduramali Reserve Forest Area. The revenue department

is not empowered to assign any piece of land fallen in forest in

S.No.1075 of Kondamarri Village and no assignment patta was

granted in the name of the petitioners. As per the joint inspection

report, petitioner No.1 has encroached an extent of A.2.25 cents

which falls in Maduramalai Reserve Forest and also encroached

Ac.3.55 cents in S.No.1075. During joint inspection, the Forest

Officials have shown the reserve forest boundary and informed that

Ac.2.25 cents is existing within the Maduramalai Reserve Forest

Area as per Section 6 of the Andhra Pradesh Act 1882 vide Gazette

Notification in G.O.Ms.No.232 (F & Agl.) dated 30.01.1964, and as

per Joint Inspection report, petitioner No.1 has encroached Ac.5.80

cents between Cairn Numbers from 17 to 19 of Maduramalai

Reserve Forest Block of Punganur range, which is situated in Pedd

Kondamarri Revenue Village of Chowdepalli Mandal and also

encroached Ac.2.25 cents in Maduramalai Reserve Forest Area.

Petitioner Nos.2 and 3 are not doing any cultivation in S.No.1075

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of Kondamari Village. As the portion of the land claimed by the

petitioners is in reserve forest, the writ petition is not maintainable.

Petitioners filed reply affidavit to the counter filed by

respondent Nos.1 to 4 contending that they are in peaceful

possession and enjoyment of the land admeasuring Ac.5.00 cents

in Sy.No.1075 for the last 30 years and that respondent No.5

conducted joint survey after duly giving notice to the Forest

officials and found that the land, which is in occupation of the

petitioners is a revenue land and it is out of the forest land. The

alleged joint inspection report is prepared under the pressure of

the political leader including Forest Minister as if the land in

Sy.No.1075 to an extent of Ac.2.50 cents falls within the Forest

Land even though the same falls within the revenue land.

Respondents conducted joint survey on 06.01.2023 and

11.01.2023 without giving any notice and opportunity to the

petitioners, as such the same cannot be taken into consideration.

Further, the said joint survey report has not been furnished to the

petitioners even today. Revenue record clearly shows that

Sy.No.1075 is "Gayalu", therefore, the Forest Department has no

concern with the revenue land. The petitioners are in possession of

the revenue land in Sy.No.1075 as "Shivai Jamedars" and they are

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entitled for pattas as per law and requested to allow the writ

petition.

It is not in dispute that the petitioners are in possession and

enjoyment of the land to an extent of Ac.5.00 cts. In Sy.No.1075 of

Singirigunta Village of Kondamari Revenue Village. It is also

evident from the counter filed by respondent No.2 that as per the

orders dated 10.08.2020 passed by this Court in W.P.No.5441 of

2019, a joint survey was conducted by the officials of Forest and

Revenue Departments on 06.01.2023 and 11.01.2023 and the joint

inspection report was finalized on 27.01.2023, wherein it is stated

that the part of the subject land i.e. Ac.2.25 cents falls within the

Madiramalai Forest Block and the petitioners have also encroached

revenue land of Ac.3.55 cents in Sy.No.1075 of Kondamarri village.

Petitioners also admitted in their affidavit filed along with the

writ petition that they have occupied the revenue land to an extent

of Ac.5.00 each for long back more than 30 years and eking out

their livelihood by raising crops in the said land and no pattas were

granted to them till today.

Respondents filed copy of report of joint inspection

conducted by the Forest and Revenue Department officials dated

27.01.2023. The relevant portion of the report is as follows:

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"In the joint inspection, the inspection team decided that the disputed area exists in S.No.1075 of Kondamarri Revenue village of Chowdepalle Mandal and the petitioner has encroached an extent of Ac.2.25 cents fallen in Maduramalai RF area Compt No.135."

The petitioners have not disputed the joint survey conducted

on 06.01.2023 and 11.01.2023 and the joint inspection report

dated 27.01.2023, but they contended that no notice was issued to

them before conducting joint survey and even after conducting

survey, the said report has not been furnished to them till date.

However, in the said joint inspection report, it is stated that the

petitioner refused to sign in the inspection report. Even if the

petitioners are in unauthorized possession of the forest land, the

respondents have to follow the procedure contemplated under

Section 20 (3) of the Andhra Pradesh Forest Act, 1967 for evicting

them.

For better appreciation, Section 20 (3) of Andhra

Pradesh Forest Act, 1967, extracted hereunder:

20 (3) Where a person contravenes the provisions of sub-clause (ii) or sub-clause (vii) of clause (c) of sub-section (1) -

(i) a forest officer not below the rank of a Ranger;

(ii) a police officer not below the rank of a Sub- Inspector; or

(iii) a revenue officer not below the rank of a Deputy Tahsildar;

may evict the person from the forest or the land, pertaining to which the contravention has taken place and remove any building or other construction or anything grown or deposited on it;

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Provided that before taking any action under this sub-section, the officer concerned shall given an opportunity to the person affected to make any representation against the action proposed.

Admittedly, the petitioners are in possession and enjoyment of

the subject land. When the petitioners are in settled possession

and enjoyment of the land, they cannot be dispossessed, without

following due process of law in view of the law declared by the Apex

Court in "Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu

(Dead) by L.Rs.1". Even if, the petitioners are in possession of any

forest land, they cannot be dispossessed without following due

process of law.

Accordingly, the writ petition is disposed of directing the

respondents not to dispossess the petitioners from the subject

land, except by due process of law as contemplated under Section

20 (3) of the Andhra Pradesh Forest Act, 1967. No costs.