HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 5598 OF 2008 DATED 19th December, 2014.
BETWEEN Ayyapu Durga Prasad and ors ….Petitioners And The State of Andhra Pradesh, rep. by Prl. Secretary to Government, Forest Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 5598 OF 2008.
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for the respondents.
The petitioners are the absolute owners of the land to an extent of Ac.7.22 in Sy.Nos.1065 and 1066 of Cheemalapadu village, A.Konduru Mandal in Krishna District having purchased the same through two registered sale deeds dated 20.11.1997 from Thummala Venkateswara Rao and Thummala Chalapathi Rao. The vendors of the petitioners purchased the said land from one Kandra Venkata Narasimha Rao through registered sale deed dated 14.07.1992. While so, the petitioners were issued with a notice by the fourth respondent on 14.07.2007 stating that they (the petitioners) are in possession of the land covered under the orders passed by the Forest Settlement Officer and asking them to explain with documentary evidence. Pursuant to the same, the petitioners submitted a representation to the fourth respondent along with copies of sale deeds and link documents. The petitioners were also asked to attend for an enquiry before the fourth respondent by notice dated 29.08.2007. Thereafter the fourth respondent addressed a letter to the third respondent on 14.10.2007 stating that the petitioners have not submitted any reply and asking the third respondent to proceed for Section 15 notification. Thereafter the third respondent issued notice dated 14.11.2007 directing the petitioners to vacate the land. The petitioners immediately submitted a representation on 22.12.2007 to respondents 3 and 4 requesting them to implement the orders of the second respondent passed in C.A.No.2/930/72B. The said representation was rejected by the third respondent on 22.02.2008 and directed the petitioners to vacate the land. Challenging the same, the present Writ Petition was filed.
The learned Counsel for the petitioners submits that in response to the notification issued by the respondents under Section 4 of the Forest Act, the predecessor in interest –Kandra Venkata Narasimha Rao filed a claim petition wherein an order was passed by the second respondent on 26.09.1988 directing respondents 3 and 4 to allot suitable alternative land with same class in the same village and the said order has become final and as such the petitioners are entitled to land of equal extent and equal class in the same village. It is further submitted that till the alternative land as stated supra is allotted to the petitioners, the respondents cannot ask them to vacate the subject land.
The respondents filed a counter affidavit stating that the notification under Section 4 of the AP Forest Act was to an extent of Acs.8895.00 cents and the same was published in the A.P. Gazette on 09.08.1971 and notification under Section 6 of the Act was published in the Krishna district Gazette on 09.11.1971 inviting claims and objections. Pursuant to the same, one Sri Kandra Venkata Narasimha Rao filed a claim petition on 15.09.1978 before the Forest Settlement Officer, Nellore under Section 10(i) of the Act to exclude Acs.3.18 cents of land in RS.No.1065 and Acs.4.04 cents in RS.no.1066 of Cheemalapadu village of A.Konduru Forest block. The Forest Settlement Officer by his order dated 26.09.1988 recorded the undertaking given by the said Kandra Venkata Narasimha Rao regarding the acceptance of similar alternative land elsewhere in the same village and the undertaking given by the Divisional Forest Officer, Eluru agreeing to it. Thereafter the said Venkata Narasimha Rao sold the subject land to the vendors of the petitioners.
Now the plea taken by the respondents is that since the said Kandra Venkata Narasimha Rao sold the subject land to some third parties, they cannot implement the award passed by the Forest Settlement Officer.
The said submission of the respondents is wholly untenable. It is to be seen that the award passed by the Forest Settlement Officer in favour of the said Venkata Narasimha Rao has become final and as the petitioners have succeeded to the title and interest of said Venkata Narasimha Rao, and the respondents are party before the Forest Settlement Officer, therefore, the respondents have to implement the said award. Till the respondents allot alternative land of same class and equal extent in the same village, the petitioners cannot be evicted. Therefore it is for the respondents to allot alternative land to the petitioners and till such time, the petitioners shall not be evicted from the land in their possession.
For the foregoing discussion and in the result, the order dated 22.02.2008 of the third respondent is set aside and the Writ Petition is allowed accordingly.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 19th December, 2014. Msnrx