HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos.11042, 12920, 13860 of 2009 and 26246 of 2010 Date: 22.01.2014 WP No.11042 of 2009:
Between:
Ravva Somaraju & others … Petitioners And The Government of India, rep. by Ministry for Tribal Welfare, New Delhi & others … Respondents HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos.11042, 12920, 13860 of 2009 and 26246 of 2010 COMMON ORDER:
This batch of writ petitions were filed challenging the action of the respondents in trying to dispossess the petitioners from the reserved forest lands situated in reserved forest i.e., in between Burguvada and Darapalli forest area (Un-surveyed and Un-recognized village) 5 kms. away from Mettapalli Gram Panchayat, V.R.Puram Mandal; Pedda Narsingpeta Area Forest (Unsurveyed and unrecognized village) Venkatayapalem Panchayathi, Kunavaram Mandal; Penagadapa Area forest (Un-surveyed and un-recognized village) Pengadapa Panchayathi, Kothagudem Mandal; and 5 KMs far to the (un-surveyed and un-recognized village) Marayagudem Panchayathi, Dummugudem Mandal of Khammam district, without following the procedure prescribed under the Forest Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and the Rules made thereunder.
2. It is the case of the petitioners that they are all Scheduled Tribes residing in the forest area since the time of their forefathers by doing agricultural operations. Act 2 of 2007 was enacted recognizing their rights over forest and without following the procedure prescribed under the said Act, they are being dispossessed from their lands to a far away place, which is un-surveyed and un-recognized village. They are eking out their livelihood by collecting minor forest produce.
3. The respondents filed a counter stating that the petitioners are Scheduled Tribes residing in the plain areas of Bhadrachalam (South & North) Forest Divisions, but they are not wholly tribes as contended by them. The petitioners are residing in the reserved forest area since 2007 only and they are not in occupation of any forest land from the time of their forefathers as alleged by them. As per the road map for implementation of R.O.F.R. Act, 2006, the last date for receipt of the claims by the Forest Rights Committee was 31.05.2008 and none of the petitioners have made any claim before the Forest Rights Committee constituted under the said Act of 2006. It is the case of the respondents that there is no reserved forest within the vicinity of the Gram Panchayats as mentioned by the petitioners and no un-surveyed and un-recognized villages in Bhadrachalam Revenue Division. The petitioners have migrated from adjacent areas of Chattisgarh State and they are called Gotti Koyas. The Gotti Koyas are not one of the recognized Scheduled Tribes by the Government of Andhra Pradesh. There is a lot of difference between the Scheduled Tribes living in the Khammam District and Gotti Koyas who have migrated from Chattisgarh with regard to their nomenclature, customs, appearance, dressing, life style and food habits. The petitioners are not enrolled in any of the villages and there is no proof of identity also.
4. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.
5. In view of the conflicting claims with regard to the status of the petitioners as Scheduled Tribes within the State of Andhra Pradesh, the petitioners are given liberty to establish their identity, status and right to the land claimed by them before the respondents under the provisions of Act 2 of 2007 and if the petitioners are successful in this regard, the respondents may consider their case under the provisions of the Forest Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order and if the petitioners are aggrieved, they can seek appropriate remedies available to them under law. Till the completion of the enquiry, the petitioners shall not be dispossessed from the lands in their occupation.
6. Subject to the above observation, these writ petitions are disposed of. Pending miscellaneous petitions, if any, in this batch of writ petitions, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J
Date: 22.01.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 5 WRIT PETITION Nos.11042, 12920, 13860 of 2009 and 26246 of 2010 Date: 22.01.2014 BSS