Andhra Pradesh High Court

WP/18553/2015 of TELE SATYANARAYANA AND 2 OTHERS Vs THE STATE OF AP,FOREST DEPT., AND 4 OTHERS on 29 December 2023

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18553 OF 2015 Between: 1. Tele Satyanarayana, S/o. late Ramanna, aged about C

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HON’BLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 18553 OF 2015

Between:

1. Tele Satyanarayana,S/o.late Ramanna, aged aboutC69years,Occ;Cultivation,R/o.H.No.4-121,Patapeta,LakshminarayanaDeviPeta(L.N.D.Peta) Village, Polavaram-Mandal, West Godavari District.Cultivation,R/o.H.No.4-121,Patapeta,LakshminarayanaDeviPeta(L.N.D.Peta) Village, Polavaram-Mandal, West Godavari District.2. TeleVenkateshu,S/o.T.Satyanarayana,agedabout47yearsOccCultivation,R/o.H.No.4-121,Patapeta,LakshminarayanaDeviPeta(L.N.D.Peta) Village, Polavaram Mandal, West Godavari District.Cultivation,R/o.H.No.4-121,Patapeta,LakshminarayanaDeviPeta(L.N.D.Peta) Village, Polavaram Mandal, West Godavari District.3. TeleRambabu,S/o.T.Satyanarayana,,agedabout44yearsOccCu tivation,R/o.H.No.4-121,Patapeta,LakshminarayanaDeviPeta(L.N.D.Peta) Village, Polavaram Mandal, West Godavari District.Cu tivation,R/o.H.No.4-121,Patapeta,LakshminarayanaDeviPeta(L.N.D.Peta) Village, Polavaram Mandal, West Godavari District.

AND

...PETITIONER(S)

1. The State of Andhra Pradesh, Rep byitsPrincipalSecretaryForestDepartment, Secretariat Building, Secretariat, Hyderabad.Department, Secretariat Building, Secretariat, Hyderabad.

2. The District Collector, Eluru, West Godavari District.

3. The District Forest Officer, Eluru, West Godavari District,

4. The Tahsildar, Gopalapuram Mandal, West Godavari District5. TheForestSectionOfficer,DondapudiSection,KannapuramRange,Karagapadu Village, Gopalapuram Mandal, West Godavari District.5. TheForestSectionOfficer,DondapudiSection,KannapuramRange,Karagapadu Village, Gopalapuram Mandal, West Godavari District.6. Guda Dhana Lakshmi W/o. Rangayya, aged 30 years,Hindu, S.C. Female,M^ndat^KJCJcTSamithi. Karagapadu Village Post, GopalapuramM^ndat^KJCJcTSamithi. Karagapadu Village Post, Gopalapuram

7. DoddigarlaMeri, W/o. Mangayya, aged 25 years,Hindu,S.C.FemaleMaJIdaTkjCJC^^*^^^^"^ Samithi, Karagapadu Village &[Post,][ Gopalapuram]Mlmhl''aged 30 years,Hindu, S.C. Mala,MalJdaTkjUC^^^^^^''^‘^^'^^apadu Village & Post, GopalapuramMaJIdaTkjCJC^^*^^^^"^ Samithi, Karagapadu Village &[Post,][ Gopalapuram]Mlmhl''aged 30 years,Hindu, S.C. Mala,MalJdaTkjUC^^^^^^''^‘^^'^^apadu Village & Post, Gopalapuram9. Vuppati Gurayya,S/o. Musalayya, aged 30 years,Hindu,S.C.FemaleMalldaTkjCJC ^& Post, GopalapuramMalldaTkjCJC ^& Post, Gopalapuram lO.Torlani Atchamma. W/o. Venkanna, aged45 years,S.C. Mala,, Member, VanaRakshanaSamithi,KaragapaduVillage &Post,GopalapuramMandal,KJCJC.*RakshanaSamithi,KaragapaduVillage &Post,GopalapuramMandal,KJCJC.*

11.The Station House Officer, Gopalapuram P.S., Gopalapuram, West GodavariDistrict.District.

12. The Asst. Conservator of Forests, Dondapudi Section, Kannapuram Range,Karagapadu Village, Gopalapuram Mandal, West Godavari District.Karagapadu Village, Gopalapuram Mandal, West Godavari District.(RR6 to 12 are impleaded as per C O. dt. 18/09/2015 in WPMP 32732/2015) in WPMP 32732/2015)

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed praying that in^rcumstances stated in the affidavit filed therewith, the High Court may bept^eesed to issue a writ petition or order more particularly one in the nature of writof mandamus declaring the action of therespondentin tryingtoillegallyencroach upon the petitioners land admeasuring Ac 5.00 centsin Sy.No. 60/1consists cashew and mango trees situated at Karagapadu Village and Panchayat’Gopalapuram Mandal, West GodavariDistrict, without notice, even knowledgeabout the decree and judgment dt. 03.05.2006 made in O.S.No.629 of 1998 on thefite of theI Additional Junior Civil Judge, Kovvuru, declaring the petitioners as theabsolute owners and possessors of their respective land, as well the same wasended in finality as the respondents failed to file any appeal against the decreeand judgment dt. 03.05.2006 made in OS No.629 of 1998 on thefile of theIAdditional JuniorCivil Judge,Kovvuru,asillegal,arbitrary,unconstitutional^nnpowers, violative of Articles 14, 19 (1) (g), 21[and][ Article]4UU-A of Constitution of India apart from violative of well settled principles ofnaturaljustice,consequentlydirectthe2ndrespondenttoconsidertherepresentahon of the petitioners dt.18.05.2015 to issue appropriate directions tothe respondents 3 and 5 not to encroach the petitioners land andwithout followingdue process of law.A NO: 3 OF 2015rWPMP. NO: 32733 OF 201.*;)I" ‘he circumstancesnif^^support of the writ petition, the High Court may bepleased to direct the respondents 6 to 10 and 12 not to encroach upon theadmeasuring of 5 acres, consisting of Cashew and Mango[Trees]MKaragapadu Village andPanchayat, GopalapuramMandal, West Godavari District, pending disposal of the main writ petition

I.A. NO: 4 OF 2015fWPMP. NO: 32734 OF 2015)

statPdthat in the circumstancesn flciHin support of the writ petition, the High Court may beagainsttheresDondPn?.,/ fn ^ ^respondenttoregister complaintrespondents 36 to 10 and 12 for encroaching upon the petitioners peacefulMadmeasuring of 5 acres, consisting ofPanrh^Sy.No.60/1, situated at Karagapadu Village andmain wr^^etitaMandal, West Godavari District, pending[disposal][ of][ the]

LA. NO: 1 OF 2015(WPMP Mn- 23999 OF 201

stated in the affidavit filed in support ofcircumstancespleased to direct the respondents 3 and 5 noMo''land admeasuring Ac 5.00 cents consists nf raoh^^e[petitioners]Karagapadu Village and Panchavat Pnnaiamango trees[situated][ at]pending disposal of the above writ’ petftion^ai^d'^n^s^''^^'’h'^!? Godavari District,or ordersmay deem fi, and proper in the c”cum“ s ^.he casT'

Counsel for the Petitioner(s): SRI GODEY SATISH

Counsel for the Respondents No. 1 to 4: GP FOR REVENUE

Counsel for the Respondent No.5:GP FOR FORESTS

Counsel for the Respondents No.6to 12:—

The Court made the following; ORDER

/

THE HONOURABLE SMT. JUSTICE V. SUJATHA

WRIT PETITION No. 18553 of 2015

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ORDER:

At the time when the matter was taken on 07.12.2023,[there]was no representation on behalf of the petitioners[and][ the][ matter][ was]posted to 14.12.2023. Even on14.12.2023, when the[matter][ was]called, there was no representation on behalf of the petitioners andthematter waspostedto29.12.2023,underthecaptionfordismissal".

Eventoday,whenthematterwascalled,therewasnorepresentation.It appears that the petitioners are not evincing anyinterest in the present case.

Accordingly, this writ petition is dismissed for default.[No][ costs.]

As a sequel thereto, miscellaneous petitions, if any,[shall][ stand]closed.

SD/- B. CHITTI JOSEPHASSISTANT ^E^STRAR

//TRUE COPY//

Action officer

To,

1. One CC to SRI GODEY SATISH Advocate [OPUC]

2. Two CCs to GP FOR FORESTS, High Court of Andhra Pradesh [OUT]

3. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]

4. Three C.D. CopiesNmMBTNmMBT

/

HIGH COURT

DATED: 29/12/2023

i*-

ORDERWP.No.18553 of 2015

DISMISSING THE WP FORDEFAULT WITHOUT COSTS

-Vo,\A9.X2 9 JUN 202'»^rniI.Current Sec'ion%?,OcspATC>!Sar5^

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