CC/2345/2023 of Pallapu Chinna Balaiah Vs Sri. Rohith Gopidi on 29 December 2023

ORDER:

Alleging violation of the order dated 02.08.2023 p2ssg4 by thisCourt in Writ Petition No.20479 of 2023, the present Contempt Case isfiled.

2. Learned counsel for the petitioners submits that the Revenueauthorities in the year 2012 oide proceeding dated 22.72.2012 assignedthe agricultural land admeasuring Ac.4.00 gts in Sy.No.207/EE nfavour of petitioner No.1, the agricultural land admeasuring Ac.3.00gts in Sy.No.207iA (207/A1) in favour of petitioner No.2 and theagricultural land admeasuring Ac.3.00 gts in Sy No.207/A in favourof petitioner No.3, situated at Maredumandinne Village, PeddaKothapalli Mandal, Nagar Kumool District and thereafter, thepetitioners being the peaceful possessor were cultivating the abovesaid land.

3. Learned co,rnsel for the petitioners submits that the Forestofficial were alleging that the land in Sy.No.207 is a forest land andthe land assigned in Sy.No.207 is not in accordance with theprovisions of the ['l'elangana ]Assigned Lands (Prohibition of Transfer)Act, 7977 and were preventing the petitioners form cultivating the subject land. lt is further submitted that on 12.07.2023, when thepetitioners were ploughing, the respondent No.2 high handedly takenaway the tractor of petitioner No.3 bearing No.TS 31 FT FTR 3720.Thereafter the petitioners' approached the Revenue officials andrequested them to instruct the Forest officials not to interfere with theagricultural activities on the subject land. The Tahsildar, PeddaKothapalli, on 24.05.2023, addressed a letter to respondent No.1 andrequested to conduct joint inspection for demarcation of forest andrevenue land

4.

4. Learned counsel for the petitioners submits that aggrieved bythe inaction of the Forest officials on the letter dated 24.05.2023,petitioners filed W.P.No.20479 of 2023, seeking the following prayer:

'to declare the action of the respondent Nos.4 to 6 ininterfering and disturhing the agricultural actittities ofthe petitioners fu their agricultural land admeasuringAc.4.00 gts in Sy.No.207/EE of the petitioner No.1, theagricultural land admeasuring 4c.3.00 gts inSy.No.207/A, 207/A1 of the pefifioner No.2 and theagricultural land admeasuing Ac.3.00 gts in SyNo.207/A ,f petitioner No.3, situated atMaredumandinne Village, Pedda Kothapalli Mandal,Nagar Kurnool District and not taking any steps forconducting joint inspection along uith reoenue fficialsfor [demarcation ][of ]forest [and ][reoenue ][land and taking]away the Mahindra Tractor beaing TR No.TS 31 FTFTR 3720 of the petitiotrcr No.3 is nothing butarbitrary, illegal, null and ooid and oiolafiae ofPrinciples of Naturnl Justice and also ttiolatioe ofArticles 1-4, 27 and 300-A of the Constitution of lndia.Consequently direct tlrc respond.ents Nos.4 to 6 not to interfere and not to disturb in any manner uhile [the]petitioners are doing agicultural actitrities in theirrespectitte agricultur al lands shoto n aboae.'

It is further submitted that after hearing the matter at length this Court oide order dated 02.08.2023 had allowed the W.P.No.20479 of2023 with the following directions:- "Resultantly, the Writ Petition is allotoed.Respondent Nos.4 to 6 are directed not to interferewith tlrc possession and proceeding with agiculturalactioities by the petitioners in the subject property.Further, respondent Nos.4 to 6 are directed torelease tlu tractor bearing registration No.TS 31 FTFTR 3720, tohich was seized, tuithin a period of fourueeks lrom the date of receipt of a copy of this order.There slull be ro order as to costs,"Respondent Nos.4 to 6 are directed not to interferewith tlrc possession and proceeding with agiculturalactioities by the petitioners in the subject property.Further, respondent Nos.4 to 6 are directed torelease tlu tractor bearing registration No.TS 31 FTFTR 3720, tohich was seized, tuithin a period of fourueeks lrom the date of receipt of a copy of this order.There slull be ro order as to costs,"

5. Learned counsel for the petitioners submits that the petitionersapproached the respondent authorities and requested them to releasethe Tractor bearing registration No.TS 31 FT FTR 3720, b:ut there wasno response fronr the respondents. Thereafter, the petitioners on7'1,.09.2023, sent a legal notice to the respondent authorities toimplement the order dated 02.08.2023 passed in W.P.No.20479 of2023, brtt till clate the same is not implemented. Hence, the contemptcase.

6. Learned Government Pleader for Forest appearing forrespondents submits that counter is filed wherein it is stated that inpursuant to the order dated 02.08.2023, tlrte respondent No.2 issued

--'\.- t

notice oide Ref.No.POR Notices/KlP/2023-24, dated 17.08.2023 anddirected petitioner No.3 to give compounding statement for release ofthe vehicle. It is further submitted that the said letter was received by ,the petitioner No.3 on 29.08.20'2j, but till date compounding statementis not submitted.

7. Learned Government Pleader submits that the total extent ofland in Sy.No.207 is Ac.37.09 gts, out of which Ac.28.00 gts isconstituted in Kollapur Forest Block, the remaining land available inSy.No.207 is Ac.9.09 gts. But surprisingly the Revenue departmentissued alleged Assignment pattas in respect of Ac.47.00 gts includingassignment pattas in favor of the petitioners, without notice of theForest Department. It is further submitted that the Forest officials hadpreferred W.A.No.1108 of 2023 against the order dated 02.08.2023passed in W.P.No.20479 of 2023 and the Hon'ble Division of thisCourt on 29.1,1,.2023 ordered notice and posted the matter after fourweeks and pray this Court to dismiss the contempt case.

8. Per contra, learned counsel for the petitioners submits that therespondent authoritiesare demanding the petitioners to give awritten undertaking that they will not proceed with any agriculturalactivities on the subject property. It is further submitted that thepetitioners are the lawful owners of the subject property as the Revenue Authorities had issued pattadar pass books in favour of the petitioners in respect of the subject property and the petitioners beingclear with the bountlaries are undertaking to confine their agriculturalactivities within the patta lands assigned to them.

9. Learned counsel for the petitioners submits that there is issueon the determination of the boundaries between the ForestDepartment and Ilevenue department and the respondent authorities'are neither condu:ting Survey for demarcation of the subject land norreleasing the vehir:le of petitioner No.3.

10. The main grievance of the petitioners is that the petitioners arecultivating the land assigned to them and seizing the tractor iscausing hardship to the petitioners in cultivating the land. It is furthersubmifted that inspite of clear direction in order dated 02.08.2023, therespondent autho:'itjes are not releasing the hactor bearing No.TS 31FT FTR 3720 and pray this Court to direct the respondent authoritiesto release the above said vehicle.

11- Learned Government Pleader for forest would submit that theHon'ble Division Bench in W.A.No.1108 of 2023 has not passed anyorders and in view of the same, the respondent authorities wouldcomply the order dated 02.08.2023 passed in W.P.No.20479 ol 2023and reiease the hactor lrcaring No.'IS 31 FT I;TR 3720.

12. Having considered the above facts and circumstance and inview of the fact that this Court in W.P.No.20479 of 2023 by orderdated 02.08.2023 had directed the respondent authorities to release thetractor bearing No.TS 31 FT FTR 3720 and in W.A.No.1108 of 2023 noorders are passed by the Hon'ble Division Bench. Recording the same,this Contempt Case is closed with a direction to respondentauthorities to release the vehicle of petitioner No.3 bearing No.TS 31FT FTR 3720, within a period of two (2) weeks from the date of receiptof copy of this order To, Njb/J

Miscellaneous applications, if any pending, shall stand closed.No order as to costs.

SD/- B. SAryAVATHIDEPU\REGISTRAR'u

//TRUE COPY//

SECTION OFFICER

1. Sri. Rohith Gopidi, The District Forest Officer, Achampet, Nagar KurnoolDistrict.District.

2. Sri. Sharath Chandra Reddy, The Forest Range Officer, Kollapur Range,Kollapur Proper and Mandal, Nagar Kurnool District.Kollapur Proper and Mandal, Nagar Kurnool District.3. Sri. M. Naveen Reddy, The Forest Divisional Officer, Achampet, AchampetProper and Mandal, Nagar Kunool District.Proper and Mandal, Nagar Kunool District.

4. One CC to Sri K. Venumadhav, Advocate [OPUC]

5. Two CCs to GP for Forest ,High Court for the State of Telangana. [OUT]6. Two CD Copies6. Two CD Copies I

II

HIGH COURT

DATED:2911212023

ORDER

GC.No.2345 of 2O23

CLOSING THE CONTEMPT CASE

(

1[e ][S ][fAiE][ o]o,J$ [2 ][tts ][2[2[]',t:\n(i)Of sPrfi;'li