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2020 DIGILAW 672 (AP)

Chintapandu Savitramma v. State Of Andhra Pradesh

2020-10-16

D.V.S.S.SOMAYAJULU

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JUDGMENT D.V.S.S.Somayajulu, J. - Heard learned counsel for the petitioner, Government Pleader for Forest, Assistant Government Pleader for Revenue and Sri Vinod K.Reddy for respondent No.9. 2. After considering the submissions made, this Court is of the opinion that the writ petition itself can be disposed of in view of the facts which have emanated. 3. Sri J.Sravan Kumar, learned counsel for the petitioners, submits that the petitioners have been issued DKT Pattas and Pattadar Pass Books/Record of Rights Books, after due enquiry. He submits that the possession of the petitioners over the property cannot be really disputed as the records are still standing in their own name. He, therefore, questions the right and authority of the Forest Department to issue the impugned notices under Section 20(3) of the A.P.Forest Act, 1967 and he contends that the land is not Forest land. It is his contention that as the Revenue Department has accepted the petitioners' possession and enjoyment, as can be seen from the Pattadar Pass Books etc. He therefore argues that the petitioners cannot be evicted by the Forest Department. He also draws the attention of this Court to an earlier order passed in WP.No.7556 of 2020, wherein a coordinate Bench of this Court directed the respondents not to interfere with the possession of the petitioners except under due process. 4. Learned Government Pleader for Forest, on the other hand, submits that the petitioners were only issued a show cause notice under the Forest Act on 12.05.2020 as they have encroached into Forest land. It is her contention that as far as Pattadar Pass Books etc., are concerned, it is for the Revenue Department to answer the same. 5. Learned Assistant Government Pleader for Revenue appears and submits that the Revenue Department has already initiated proceedings for cancellation of the Pattas. According to him, notices were already issued by the Joint Collector to the petitioners fixing the date of hearing as 12.10.2020. On 12.20.2020, the matter was adjourned to 31.10.2020 for filing of the explanation by the petitioners. Therefore, it is the submission of the learned counsel that due process of law has been initiated and that the petitioners will be evicted only according to the due process of law depending on the adjudication by the Joint Collector on the Pattas. 6. On 12.20.2020, the matter was adjourned to 31.10.2020 for filing of the explanation by the petitioners. Therefore, it is the submission of the learned counsel that due process of law has been initiated and that the petitioners will be evicted only according to the due process of law depending on the adjudication by the Joint Collector on the Pattas. 6. This Court after hearing both the learned counsel notices that there is already an order in force granted in WP.No.7556 of 2020 which was passed after hearing the Government Pleader for Revenue and the Government Pleader for Forest. A direction was given to the respondents therein not to interfere with the possession of the petitioners except by following due process of law. This order is binding on all the parties concerned and as such there is no need for a further direction or a further order of protection. Nevertheless, as the process of law has been initiated, the petitioners are given the liberty to raise all the defences that are available to them under law, to the show cause notice issued by the Revenue Authorities. 7. The Joint Collector/Revenue Authorities are directed to dispose of the matter said to be pending in a strict time bound manner. Both the parties are directed not to delay the process. 8. In view of the fact that this Court, relying on the submissions of the Government Pleader for Revenue, has noted that due process of law is being followed, the impugned notices dated 23.09.2020 issued by the Forest Department are set aside leaving it open to the State to take appropriate action after a decision has been taken by the Revenue Authorities on the possession etc., of the petitioners and their Pattas. This Court has not entered into the merits of the matter. The respondents are at liberty to decide all the issues as per law. 9. With the above observation, the writ petition is disposed of. No order as to costs. 10. As a sequel, the miscellaneous petitions if any shall stand dismissed.