Telangana High Court
WP/40846/2014 of Kongara Papayyamma, Vs State of Andhra Pradesh, on 31 December 2014
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
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.)
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ORDER:
This writ petition is filed by the petitioners, who claim to bebelonging to Scheduled Tribe, feeling aggrieved by the action of theforest officials in seeking to evict them from the lands in theiroccupation of Chikilintha Village & Panchayat, RajavommangiMandal, East Godavari District, pending an appeal filed beforerespondent No.2 against the order of Sub-Divisional Level Committee,rejecting their applications for grant of pattas under the provisions ofthe 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 thepetitioners, and the learned Assistant Government Pleader for Forests(A.P.).
At the hearing, the learned Assistant Government Pleader hasnot disputed that an appeal filed by the petitioners against the orderspassed by the Sub-Divisional Level Committee, Rampachodavaram,rejecting the petitioners’ applications for grant of pattas, is pendingbefore respondent No.2. Pending the appeal, the petitioners are facing threatof eviction. In my opinion, the appeal being a statutory right conferredby the Act, the eviction of the petitioners pending such appeal causesserious prejudice to their interests. Therefore, respondent Nos.3 and 4are directed not to evict the petitioners from the forest lands in theiroccupation 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.
31[st] December, 2014v v
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C.V. NAGARJUNA REDDY, J