THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.40846 of 2014 Dated: 31.12.2014 Between:
Kongara Papayyamma and others.
.. Petitioners and State of Andhra Pradesh, Rep. by its Principal Secretary, Forest & Environment Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioners: Mr. N. Siva Reddy Counsel for the respondents: AGP for Forests (A.P.) The court made the following:
ORDER:
This writ petition is filed by the petitioners, who claim to be belonging to Scheduled Tribe, feeling aggrieved by the action of the forest officials in seeking to evict them from the lands in their occupation of Chikilintha Village & Panchayat, Rajavommangi Mandal, East Godavari District, pending an appeal filed before respondent No.2 against the order of Sub-Divisional Level Committee, rejecting their applications for grant of pattas under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short ‘the Act’).
I have heard Mr. N. Siva Reddy, learned counsel for the petitioners, and the learned Assistant Government Pleader for Forests (A.P.).
At the hearing, the learned Assistant Government Pleader has not disputed that an appeal filed by the petitioners against the orders passed by the Sub-Divisional Level Committee, Rampachodavaram, rejecting the petitioners’ applications for grant of pattas, is pending before respondent No.2. Pending the appeal, the petitioners are facing threat of eviction. In my opinion, the appeal being a statutory right conferred by the Act, the eviction of the petitioners pending such appeal causes serious prejudice to their interests. Therefore, respondent Nos.3 and 4 are directed not to evict the petitioners from the forest lands in their occupation situated in Chikilintha Village & Panchayat, Rajavommangi Mandal, East Godavari District, pending disposal of appeal by respondent No.2.
Subject to the above direction, the writ petition is disposed of. As a sequel to the disposal of the writ petition, W.P.M.P.No.51187 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 31st December, 2014 v v