APHC010344062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 17646 OF 2025 Between: 1. Sapavatu Maruvani, W/o Sapavatu Janu Naik(Late) Aged about 68 years, Occ. Farmer, R/o. 1-223, Challagariga, Atchampet, Palnadu District. 2. Sapavathu Raveendra, D/o Sapavatu Janu Naik(Late) Aged about 38 years, Occ. Farmer, R/o. 1-223, Challagariga, Atchampet, Palnadu District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Forest Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Palnadu District, Narsaraopet. 3. The District Tribal Welfare Officer and Empowerment Officer, Narsaraopet, Palnadu District. 4. The Divisional Forest Officer, Narsaraopet Division, Palnadu District. 5. The Forest Range Officer, Atchampet Range, PalnaduDistrict ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents 4 and 5 in trying to evict the petitioners admeasuring for an extent of land Ac 2.00 cents and Ac. 3.00 cents respectively in Sy.No. 115 situated at Challagariga village, Atchampet Mandal, Sattenapalli Division, Palnadu District without issuing any notice as illegal, arbitrary, violation the principles of natural Justice, articles 14, 21 and 300-A of the Constitution of India and violation of forest rights act 2006, and consequently direct the possession and livelihood. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 4 and 5 not to disposes or interfere with possession and peaceful enjoyment of the petitioners admeasuring for an extent of land Ac 2.00 cents and Ac. 3.00 cents respectively in Sy.No. 115 situated at Challagariga village, Atchampet Mandal, Sattenapalli Division District. Counsel for the Petitioners: SRI GOUTHAMI SURAPAREDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following Order: respondents to protect the petitioners lawful Palnadu APHC010344062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Sixteenth Day of July, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No.17646 of 2025 Between: Sapavatu Maruvani and other ...Petitioners And The State of Andhra Pradesh and 4 others ...Respondents Counsel for the petitioners I.Gouthami Surapa Reddy Counsel for the respondents 1 .Government Pleader for Forests 2 BSB,J W.P. 17646 of 2025 The Court made the following : ORDER: This writ petition is filed under Article 226 of Constitution of India to grant the following relief; to issue order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents No.4 and 5 in trying to evict the petitioners admeasuring for an extent of land Ac.2.00 cents and Ac.3.00 cents respectively in Sy.No.115 situated at Challagariga village Atchampet Mandal, Sattenapalli Division, Palnadu District without issuing any notice as illegal, arbitrary, violation of the principles of natural Justice, Articles 14, 21 and 300-A of the Constitution of India and violation of Forest Rights Act, 2006 and consequently direct the respondents to protect the petitioners lawful possession and livelihood and to pass such other order or orders as this Court may deem fit and proper in the interest of justice.” 02. The case of the petitioners is briefly as follows; The petitioners are lawful cultivators and residents of Challagariga village, Palnadu District. They have been in peaceful and continuous possession and cultivation of the forest land of Ac.2 and Ac.3 respectively in survey No.115 for more than 30 years. They were issued pattadar pass books to the said lands recognizing their rights under the Forest Rights Act, 2006, after due verification and recommendation by the District Tribal Welfare Officer and Empowerment Officer, Narsaraopet, Palnadu District, the Divisional Forest Officer / Deputy Conservator of Forests, 3 BSB,J W.P.17646 of 2025 Palnadu District and the District Collector, Palnadu District. The petitioners were conferred security of tenure over the forest land as mandated under sections 3 (1) (a) and 4 (5) of the Act, 2006. While so, the forest officials, in collusion with the private individuals by names Pasupuleti Papireddy, Mungala Peddasaidulu and Kannekanti Tirupathi Rao, unlawfully interfered with the possession of the petitioners on 28.06.2025 and threatened them with dire consequences. Such attempt, without revoking the pattadar pass books or issuing any notice or passing proceedings is illegal. Hence, this writ petition was filed. 03. The learned Assistant Government Pleader for Forests placed on record a copy of the letter addressed by District Forest Officer, Palnadu addressed to the Government Pleader for Forests vide Rc.No.813 / 2025 / TO dated 09.07.2025 wherein, while denying the contention of the petitioners about forceful dispossession, it is mainly stated as follows: 1.Representation from residents of Challagariga village with respect to “illegal sanction of Forest land (RoFR) documents in 2023 to Sapavath Ravindra bai & Smt.Sapavath Marvani Bai” duly mentioning the violations for taking necessary action is addressed by the Hon’ble member of legislative Assembly, Pedakurapadu to the Collector & District Magistrate, Palnadu in this Lr.No.422(X) / 2025 / MLA- PKPD. Dated 25.04.2025 (Copy enclosed). 2.The representation with endorsement of District Collector & Magistrate to examine is received on 08.05.2025 by the undersigned who is the 4"^ respondent in the subject writ petition. 4 BSB,J W.P. 17646 of 2025 S.The District Forest Officer, Palnadu respondent herewith forwarded representation to the District Tribal Welfare Officer i.e., 3'^^ respondent in Rc.No.471 / 2025 / TO, dated 13.05.2025 to examine & provide information with respect to violations cited (Copy enclosed). 4.Accordingly, the District Tribal Welfare Officer / the 3 Respondent in her letter Rc.No.1/2025, dated 19.05.2025 (copy enclosed), the 3'^'^ respondent furnished information stating that as per the available details from surveyor, (a) “Gramsabha was not conducted in the said Challagariga Panchayat and Gramsabha Resolution copy is not available”, (b) The two names i.e., Sapavath Maruvani (2.00 Acres) & Sapavath Raveendra Naik (3.00 Acres) are reported in Taduvai Panchayat in Annexure-I but shown as Challagariga Panchayat in RoFR Title deed, (c) Further the 3^^^ respondent / DTWO has also stated that in Annexure-I, the Name is actually shown as “Sapavath Ravindra Naik and later it was changed in title deed as Ravindra Bai”. Hence prima facie, it is observed that discrepancies are present in RoFR Title deed / Forest Rights recognition with respect to the petitioners here in. The District Forest Officer, Palnadu, the 4 respondent herein was forwarded the representation of villagers to the Forest Range Officer, Narasaraopeta in DFO Rc.No.471/2025-TO (i), datedil3.05.2025 & 31.05.2025 (copies enclosed) for submitting information. rd th 5. 5 BSB,J W.P.17646 of 2025 6.The FRO. Narasaraopeta in her Rc.No.58/2025/NRT, dated 09.06.2025 (Copy enclosed) has submitted that the subject area falls in Venkatayapalem RF, Tsaltagariga Beat of Narasarapeta Range. /.Meanwhile, representation is also received on 22.05.2025 from the petitioners herein by the 4*'' respondent i.e., District Forest Officer, Palnadu duly mentioning that there certain individuals names Pasupuleti Papireddy, S/o Venkat Reddy, Kannekanti Tirupati Rao, S/o Koteswara Rao who have been trying to evict the petitioners from their land and an SC / ST Atrocity case was registered against them. Further the petitioners alleged that Forest Officials also trying to evict them from land, respondent here in has forwarded the representation of the petitioners to the .Forest Range Officer, Narasaraopeta i.e., the 5‘^ respondent to examine the content and to comply with section 4 (5 ) of the scheduled Tribes and other Traditional Forest Dwellers (RoFR) Act, 2006. 9.The 5*^ respondent has submitted compliance report in Rc.No.RoFR/NRT, dated 24.05.2025 (copy enclosed). 10.ln view of the above circumstances, the 4‘^ respondent, the District Forest Officer, Palnadu has forwarded the information received with respect to the petitioners here into the RDO, Sattenapalli / Chairman of the SDLC committee for further action in Rc.No.471 / 2025 / TO, dated 08.07.2025 (Copy enclosed). are th 8.The 4 6 BSBJ W.P. 17646 of 2025 11. The discrepancies found in Forest Rights recognition was forwarded to the Sub-Divisional Level Committee / SDLC, Chairman for further action.” The learned counsel for the petitioners submitted that the respondents cannot interfere with the peaceful possession and enjoyment of the land of the petitioners without following due procedure of law and accordingly, suitable directions may be given to the respondents by disposing this petition. 04. The learned Assistant Government Pleader for Forests submitted that the respondents commenced the due procedure as mentioned in the written instructions. She further submitted that there is material procedural lapse in granting pattadar pass books to the petitioner as the land is in Challagariga village, whereas there was no Gramsabha held in Challagariga village and their names were shown in the Taduvai village and that Gramsabha of the local community which is competent body did not pass any resolution on the claims of the forest rights of the petitioners. She further reiterated the contents of the written instructions. 05. In reply, the learned counsel for the petitioners has submitted that the petitioners are entitled to protection to their possession over the land till the procedure is completed as mentioned in the written instructions. 06 07. After hearing both sides, and considering their submissions, this writ petition is disposed of directing the respondents not to 7 BSB,J W.P. 17646 of 2025 dispossess the petitioners from the subject land without following due procedure of law. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Palnadu District, Narsaraopet 3. The District Tribal Welfare Officer and Narsaraopet, Palnadu District. 4. The Divisional Forest Officer, Narsaraopet Division, Palnadu District. 5. The Forest Range Officer, Atchampet Range, Palnadu District 6. One CC to SRI. GOUTHAMI SURAPAREDDY, Advocate [OPUC] 7. Two CCs to GP FOR FORESTS, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Forest Department, A.P. Secretariat, Empowerment Officer, vna HIGH COURT DATED: 16/07/2025 ORDER WP NO. 17646 OF 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS