1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2381 OF 2023 Between: Neerukattu Ramanjaneyulu, S/o Maddilety Hindu, aged about 33 years, Occ: Self Employment D.No.1-106, GulamAliyabad, Chinarajupalem Village Banaganapalle Mandal, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal of Chief Conservator of Forests, Aranya Bhawan, Nagarampalem Guntur, Guntur District. 522004 1. K.M.Munshi Road 2. The Divisional Forest Officer, Kurnool Division, Kurnool. The Forest Range Officer, Dhone Range, Kurnool District. The Tahsildar, Banaganapally Mandal. Nandyal District. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or more particularly in the nature of the Writ of Mandamus declaring the proceedings of the 3rd Respondent bearing Rc.No.12/2022-Fro(D), Dated.01.09.2022 is illegal, arbitrary, and contrary to the provisions of the A. P. Forest Act, and consequently to direct the respondents not to evict the petitioner from the land in R.S.No.165, to an extent of Ac.2-50 cents, Khata Number.750 situated Gulamaliyabadu Village, banaganapalle Mandal, Nandyal District violation of principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India. as illegal, arbitrary. iff lA NO: 1 OF 2023 Petition under Section 151 CPC is filed 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 not to evict the petitioner from the land in R.S.No.165, to an extent of Ac.2-50 cents, Khata Number.750, situated Gulamaliyabadu Village, Banaganapalle Mandal, Nandyal District, pending disposal of the main Writ Petition. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, Represented by its Principal of Chief Conservator of Forests, Aranya Bhawan, K.M.Munshi Road, Nagarampalem Guntur, Guntur District. 522004 2. The Divisional Forest Officer, Kurnool Division, Kurnool. 3. The Forest Range Officer, Dhone Range, Kurnool District. ...PETITIONER/RESPONDENT AND 1. Neerukattu Ramanjaneyulu, S/o Maddilety Hindu, aged about 33 years, Occ: Self Employment D.No.1-106, GulamAliyabad, Chinarajupalem Village Banaganapalle Mandal, Kurnool District. ...RESPONDENT/PETITIONER 2. The Tahsildar, Banaganapally Mandal, Nandyal District. ...RESPONDENTS/ RESPONDENTS Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 01-02-2023 in IA.No.1 of 2023 in WP.No. 2381 of 2023 passed in Writ Petition and dismiss the writ petition. lA NO: 1 OF 2024 Between: The Tahsildar, Banaganapally Mandal, Nandyal District. ...PETITIONER/RESPONDENT AND 1. Neerukattu Ramanjaneyulu, S/o Maddilety Hindu, aged about 33 years, Occ: Self Employment D.No.1-106, GulamAliyabad, Chinarajupalem Village Banaganapalle Mandal, Kurnool District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Represented by its Principal of Chief Conservator of Forests, Aranya Bhawan, Nagarampalem Guntur, Guntur District. 522004 3. The Divisional Forest Officer, Kurnool Division, Kurnool. 4. The Forest Range Officer, Dhone Range, Kurnool District. ...RESPONDENTS/ RESPONDENTS (R2 to R4 are not necessary parties in this petition) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 01-02-2023 in IA.no, 1 of 2023 in WP.No. 2381 of 2023 and to dismiss the writ petition. Counsel for the Petitioner: SRI S SYAMSUNDER RAO Counsel for the Respondent Nos. 1 to 3: GP FOR FORESTS Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER K.M.Munshi Road THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2381 of 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "....to issue a writ order or more particularly in the nature of the Writ of Mandamus declaring the proceedings of the 3 Respondent bearing Rc.No.12/2022-Fro(D), Dated 01.09.2022 is illegal, arbitrary, and contrary to the provisions of the A.P.Forest Act, and consequently to direct the respondents not to evict the petitioner from the land in R.S.No.165, to an extent of Ac.2-50 cents, Khata Number: 750, situated Gulamaliyabadu Village, Banaganapalle Mandal, Nandyal District, as illegal, arbitrary, violation of principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and pass such other orders " rd It is the case of the petitioner herein that the respondent, vide Rc.No.16/DAR/1416 dated 17.11.2006, granted D-Form patta in the name of Uppari Neerukattu Obulamma, wife of Maddileti, who is the mother of the petitioner herein. Since then, the petitioner and his mother are in possession of the said land in an extent of Acs.3.00 cents in Coppt.No.325 and an extent of Acs.2.50 cents in Sy.No.165 situated in Gulamaliyabadu village, Banaganapalle Mandal, Nandyal District, and the petitioner’s name was mutated in the revenue records and obtained 2. pattadar passbooks and title deeds and allotted Katha No.750 to the aforesaid land and the petitioner had been irrigating the land by i 2 investing huge amounts. Now the 3'"^ respondent has issued the impugned proceedings bearing 01.09.2022, directing the petitioner to show cause for eviction from the land allegedly the petitioner encroached the land to an extent ofAcs.3.00 cents in Coppt.No.325 of Gulam Aliabad North Reserve Forest, Gulamaliabad Beat, which is contrary to the provisions of the A.P.Forest Act and the petitioner herein has submitted his explanation dated Rc.No.12/2022-Fro(D) on 30.09.2022 to the notice dated 01.09.2022. th The contention of the petitioner herein is that unless the 4 respondent decides the nature of land, the respondent has no jurisdiction to take action under the provisions of the A.P.Forest Act. Flence, prayed to set aside the impugned notice dated 01.09.2022 as it is illegal, arbitrary and in violation of Articles 14, 19, 21 and 300A of the Constitution of India. 3. Learned counsel for the petitioner has relied on the judgment of the Hon’ble Apex Court in Government of A.P. v. Thummala Krishna Rao and another for the proposition that when the petitioner is in longstanding possession and when there is a genuine dispute in between the petitioner and the Government on the question of title, the 4. _i 3 Government may succeed in establishing its title to the property until that is done and the respondents cannot evict the petitioner. 5. Learned counsel for the petitioner also relied on another order of this Court in W.P.No. 18203 of 2021 dated 25.08.2021 for the very same proposition. The 3'^'^ respondent filed counter and stated that as per the provisions of Section 7 of the Andhra Pradesh Forest Act, 1967, any patta granted in a forest block notified under Section 4 of the A.P.Forest 6. Act, is not valid and in view of the prohibition contained in the Forest Act, the patta granted by the 4'^ respondent is not valid and hence the petitioner is deemed to be an occupier or encroacher of forest land and the issue of pattadar passbook for invalid patta is of no consequence. It is also stated that the land was notified in Kurnool District on 16.01.1968 and Section 6 proclamation was issued on 16.01.1968 and the contention of the petitioner that the eviction notice is without jurisdiction is not correct, as the subject land was inside the proposed reserve forest of Gulamaliabad North Block No.1 published in Andhra Pradesh Gazette dated 29.06.1967 vide G.O.Ms.No.1044 Food and Agriculture (For.lll) Department dated 03.06.1967 and also in Kurnool District Gazette No.12 dated 20.12.1976 with an extent of 9185 Acres and 4 thereafter, patta was granted in the year 2006. Hence, prayed to dismiss the Writ Petition. 7. Sub-section (1)(a) of Section 7 of the A.P.Forest Act divulges that during the interval between the publication of notification in the Andhra Pradesh Gazette under Section 4 and the date fixed by the notification under Section 15 - (a) no right shall be acquired by any person in or over the land included in the notification under Section 4 except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or any person in whom such right was vested before the publication of the notification under Section 4. The Section clearly specifies that no right shall be acquired when the publication is notified under Section 4 unless such right is vested before publication of the notification under Section 4 of the Forest Act. 8. The counsel for the petitioner has argued the case based on the judgment of the apex court in Tummala KrisnaRao case. The judgment of the Hon’ble Apex Court in Thummala Krishna Rao’s case (1 supra) cannot be invoked by the petitioner as there is no serious contest on title to contend that summary proceedings under the Act cannot be invoked. D-Form patta was issued to the petitioner in the year *■ 5 2006. Section 7 of the A.P.The Forest Act clearly states that once notification is published in the gazette under section 4 of the act and under section 6 proclamation is issued no right is acquired, unless any right is acquired prior to the notification required by Section 4 of the Act. In the present case the D-Form patta was issued in the year 2006. Hence the revenue department cannot issue any patta subsequent to the notification by the Forest Department under the Act. Whereas in the present case, the D-Form patta was granted in the year 2006 and the gazette notification was issued in the year 1967 and the proclamation was given in the year 1968. Therefore, the Revenue Department has no power to issue any D-Form patta to the 9. petitioner in pursuant to Section 7 of the A.P.Forest Act. Hence, the Writ Petition is liable to be dismissed. 10. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFiCEPv To 1. One CC to Sri S Syamsunder Rao Advocate [OPUC] 2. Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies TF ’' ■r V high court DATED:23/01/2025 ORDER WP.No.2381 of 2023 X 0 5 FEB 2025 j-l ^ Current Section ■S' DISMISSING THE W.P., WITHOUT COSTS