HIGH COURT OF ANDHRA PRADESH
RAVI CHEEMALAPATI, J
T J MOHAMMAD ALI – Appellant
Versus
The State of Andhra Pradesh – Respondent
C.C.No.1783 of 2022 | W.P.Nos.773 of 2023 | 15368 of 2022 | 21156 of 2022
| Table of Content |
|---|
| 1. petitioner challenged dispossession claims. (Para 1 , 2 , 3) |
| 2. claims based on procedural lapses. (Para 4 , 5 , 6) |
| 3. defense claims based on forest laws. (Para 7 , 8) |
| 4. disputed ownership requires civil court resolution. (Para 9 , 10 , 11) |
| 5. no contempt found; dismissing claims. (Para 12 , 13) |
| 6. final decision made on all petitions. (Para 14 , 15 , 16) |
COMMON ORDER:
The grievance of the petitioner, in short, in Writ Petition No.15368 of
2022 is that without passing orders on the representation of the petitioner dated 16.04.2022 and 13.04.2022 and without following the procedure contemplated under the Act, respondent Nos.3 and 4-District Forest Officer and Forest Ranger, Palamaner Town & Mandal, Chittoor District respectively, are insisting the petitioner and other legal heirs to vacate from their respective lands admeasuring to an extent of Ac.16.99 cents in Paimashi No.107, an extent of Ac.13.00 cents in Paimashi No.108, and an extent of Ac.50.00 cents in Paimashi No.109, total extent of Ac.79.99 cents situated at Anupuvaripalli village, Gangavaram Mandal, Chittoor District.
2. Writ Petition No.21156 of 2022 has been filed questioning the action of respondent No.3-Tahsildar, Gangavaram Mandal, in not considering the petitioner’s representation dated 13.06.2022 for visiting and enquiring into exclusive possession and enjoyment of the petitioner’s lands and thereby record possession in revenue records in respect of petitioner’s lands admeasuring to an extent of Ac.16.99 cents in Paimashi No.107, Ac.13.00 cents in Paimashi No.108 and Ac.50.00 cents in Paimashi No.109, totalling to an extent of Ac.79.99 cents situated at Anupuvaripalli village, Gangavaram Mandal, Chittoor District.
3. Writ Petition No.773 of 2023 has been filed questioning the endorsement in Roc.L7/e-Office file No.406039/2022 dated 16.06.2022, which received by the petitioners on 22.07.2022, by rejecting the petitioners’ claim for grant of pattadar pass book/title deed for their respective lands admeasuring to an extent of Ac.16.99 cents in Paimashi No.107, Ac.13.00 cents in Paimashi No.108 and Ac.50.00 cents in Paimashi No.109, totalling to an extent of Ac.79.99 cents situated at Muthaka Anupuvaripalli village, Gangavaram Mandal, Chittoor District.
4. Contempt Case No.1783 of 2022 has been filed under Sections 10 to 12 of the Contempt of Courts Act to punish the respondents for willful disobedience of the order dated 26.05.2022 passed in I.A.No.1 of 2022 in Writ Petition No.15368 of 2022.
5. Heard Ms.P.Saraswathi, learned counsel for the petitioners and Sri Dileep Naik, learned Assistant Government Pleader for Revenue appearing for the respondents.
6. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that Sri Mohammad Ali, S/o Abdul Jabbar (late), who is the Writ Petition in all the writ petitions got the subject property from his father, who purchased the same under registered sale deed dated 16.09.1953, and till his death on 24.05.1995, his father has been in possession and enjoyment of the subject property. Thereafter, the petitioner and other legal heirs have been in possession and enjoyment of the subject land. When the Forest Department, without following the due procedure prescribed under law, tried to take over the subject land, the petitioner along with his family members approached respondent Nos.2 to 4 along with their title documents and submitted representations dated 13.04.2022 and 16.04.2022 requesting to allow them to carry out their agricultural works and also requesting to give pattadar pass books and title deeds with regard to subject property. Since the respondent authorities have not considered the said representations and again when they tried to interfere with the subject land, the petitioner filed Writ Petition No.15368 of 2022 and this Court vide order dated 26.05.2022, granted an order of status quo. She further submitted that the petitioner along with other legal heirs
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