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2025 DAILYLAW 5351 (AP)

Madakam Kameswar Rao v. The State of Andhra Pradesh Rep. by its Principal

WP/39687/2016 · 2025-07-29

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010044702016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 39687 OF 2016 Between: Madakam Kameswar Rao, S/o. Ganganna Dora, Ramalayam Street, Seethapally, Rampachodavaram Mandal, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh Rep by its Principal, Secretary, Tribal Welfare Department, Secretariat, Hyderabad. 2. The Commissioner Tribal Welfare Department, Velagapudi, Amaravathi. 3. Integrated Tribal Development Agency ITDA, Rampachodavaram, East Godavari District. 4. The District Manager Girijan Cooperative Corporation, East Godavari District at Rajahmundry. 5. The District Forest Officer, Rajahmundry, East Godavari District. ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents is illegal, arbitrary and unconstitutional and violation of Schedule Tribes and other traditional forest dwellers (Recognition of Forest Area) Act 2006, in not % permitting the tribal’s to sell the minor forest products that are collected from forest, and consequently direct the respondent authorities to permit the petitioner in gathering the minor forest produce to collect and to sell the minor forest produce in the open market I lA NO: 1 OF 2016(WPMP 48902 OF 2016 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 permit the petitioner to collect and sell the Minor Forest Products like Brooms and other Minor Forest Products in the open market, pending disposal of the Writ Petition lA NO: 1 OF 2017(WVMP 532 OF 2017) Between: The District Forest Officer, Rajahmundry, East Godavari District. ... Petitioners/Respondents AND Madakam Kameswar Rao, S/o. Ganganna Dora, Ramalayam Street, Seethapally, Rampachodavaram Mandal, East Godavari District. .. .Respondent/Petitioner The State of Andhra Pradesh Rep by its Principal, Secretary, Tribal Welfare Department, Secretariat, Hyderabad. The Commissioner Tribal Welfare Department, Velagapudi, Amaravathi. Integrated Tribal Development Agency ITDA, Rampachodavaram, East Godavari District. The District Manager Girijan Cooperative Corporation, East Godavari District at Rajahmundry. 1. 2. 3. 4. 5. ...Respondent/Petitioner 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 pass appropriate orders by vacating interim order granted in WPMP No. 48902 of 2016 in WP No. 39637/2016 dated: 22.11.2016 Counsel for the Petitioner: SRI RAJASEKHAR TULASI Counsel for the Respondents No.1 to 3: GP FOR SOCIAL WELFARE (AP) Counsel for the Respondent No.4: SRI P VV SATYANARAYANA Counsel for the Respondent No.5: GP FOR FORESTS (AP) The Court made the following order: m APHC010044702016 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Thirtieth Day of July Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 39687 of 2016 Between; Madakam Kameswar Rao ...Petitioner and The State of Andhra Pradesh rep by its Principal ...Respondents and others Counsel for the petitioner: I.Rajasekhar Tulasi Counsel for the respondents: 1. P.V.V.Satyanarayana 2.G.P. for Forests (A.P.) 3.G.P. for Social Welfare (A.P.) The Court made the following: 2 W.P.No.39687 of 2016 f Order: The Writ Petition is filed under Article 226 of Constitution of India, seeking the following relief: “...to Issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents is illegal, arbitrary and unconstitutional and violation of Schedule Tribes and other traditional forest dwellers (Recognition of Forest Area) Act 2006, in not permitting the tribals to sell the minor forest products that are collected from forest, and consequently direct the respondent authorities to permit the petitioner in gathering the minor forest produce to collect and to sell the minor forest produce in the open market and pass...” No representation for the petitioner though the matter is posted under the caption ‘for dismissal’ as there was no representation on 16.07.2025. Accordingly, the writ petition is dismissed for default. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand 2. 3. closed, Sd/- U.SRl DEV! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, RAJASEKHAR TULASl Advocate [OPUC] V SATYANARAYANA Advocate [OPUC] FORESTS (AP) High Court of Andhra Pradesh 1. One CC to SRI 2. OneCCtoSRlPV 3. Two CCs to GP FOR [OUT] 4. Two CCs to GP FOR Pradesh [OUT] 5, Two CD Copies SOCIAL WELFARE (AP) High Court of Andhra gsg HIGH COURT DATED: 30/07/2025 ORDER WP NO. 39687 OF 2016 ■orAhs % 2 0 SEP 2025 ^ DISMISSING THE WP WITHOUT COSTS