Pallapu Chinna Balaiah v. Sri. Rohith Gopidi

[ 32551 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR CONTEMPT CASE NO: 2345OF 2023 Contempt Case filed Under Sections 10 lo 12 of Contempt of Courts Act, 1971 to punish the respondents for wilful disobedience and utter disregard to the Orders of this Hon'ble Court dated 02.08.2023 passed in W.P. No. 20479 of 2023. I Between:

1. Pallapu Chinna Balaiah, S/o. Pottenna, Age- 68 years, Occ- Agriculture, R/o. Maredumandinne Village, Pedda Kothapalli Mandal, Nagar Kurnool District

2. Pallapu Chandrashekar, S/o. Chinna Balaiah, Age- 38 years, OccAgriculture. R/o. Maredumandinne Village, Pedda Kothapalli Mandal, Nagar Kurnool District

3. Pallapu Eshwaraiah, S/o. Chinna Balaiah, Age- 30 years, Occ- Agriculture. R/o. Maredumandinne Village, Pedda Kothapalli Mandal, Nagar Kurnool District

...Petitioners/ Petitioners

AND

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

2. Sri. Sharath Chandra Reddy, The Forest Range Officer, Kollapur Range, Kollapur Proper and Mandal, Nagar Kurnool District.

3. Sri. M. Naveen Reddy, The Forest Divisional Officer, Achampet, Achampet Proper and Mandal, Nagar Kunool District.

...Respondents/ Respondents No. 4 to 6

Counsel for Petitioners : Sri K. Venumadhav Counsel for Respondents : GP for Forest The Court made the following: ORDER

-,/ HONOLIRAI]LE SRI IUSTICE N.V.SHRAVAN KUMAR CONTEMPT CASE No.2345 of 2023 ORDER:

Alleging violation of the order dated 02.08.2023 p2ssg4 by this Court in Writ Petition No.20479 of 2023, the present Contempt Case is filed.

2.

Learned counsel for the petitioners submits that the Revenue authorities in the year 2012 oide proceeding dated 22.72.2012 assigned the agricultural land admeasuring Ac.4.00 gts in Sy.No.207/EE n favour of petitioner No.1, the agricultural land admeasuring Ac.3.00 gts in Sy.No.207iA (207/A1) in favour of petitioner No.2 and the agricultural land admeasuring Ac.3.00 gts in Sy No.207/A in favour l of petitioner No.3, situated at Maredumandinne Village, Pedda Kothapalli Mandal, Nagar Kumool District and thereafter, the petitioners being the peaceful possessor were cultivating the above said land.

3.

Learned co,rnsel for the petitioners submits that the Forest official were alleging that the land in Sy.No.207 is a forest land and the land assigned in Sy.No.207 is not in accordance with the provisions 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 the petitioners were ploughing, the respondent No.2 high handedly taken away the tractor of petitioner No.3 bearing No.TS 31 FT FTR 3720. Thereafter the petitioners' approached the Revenue officials and requested them to instruct the Forest officials not to interfere with the agricultural activities on the subject land. The Tahsildar, Pedda Kothapalli, on 24.05.2023, addressed a letter to respondent No.1 and requested to conduct joint inspection for demarcation of forest and revenue land 4.

Learned counsel for the petitioners submits that aggrieved by I the 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 in interfering and disturhing the agricultural actittities of the petitioners fu their agricultural land admeasuring Ac.4.00 gts in Sy.No.207/EE of the petitioner No.1, the agricultural land admeasuring 4c.3.00 gts in Sy.No.207/A, 207/A1 of the pefifioner No.2 and the agricultural land admeasuing Ac.3.00 gts in Sy No.207/A ,f petitioner No.

3, situated at Maredumandinne Village, Pedda Kothapalli Mandal, Nagar Kurnool District and not taking any steps for conducting joint inspection along uith reoenue fficials for demarcation of forest and reoenue land and taking away the Mahindra Tractor beaing TR No.TS 31 FT FTR 3720 of the petitiotrcr No.3 is nothing but arbitrary, illegal, null and ooid and oiolafiae of Principles of Naturnl Justice and also ttiolatioe of Articles 1-4, 27 and 300-A of the Constitution of lndia. Consequently direct tlrc respond.ents Nos.

interfere and not to disturb in any manner uhile the petitioners are doing agicultural actitrities in their respectitte 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 of 2023 with the following directions:- "Resultantly, the Writ Petition is allotoed.

Respondent Nos.4 to 6 are directed not to interfere with tlrc possession and proceeding with agicultural actioities by the petitioners in the subject property. Further, respondent Nos.4 to 6 are directed to release tlu tractor bearing registration No.TS 31 FT FTR 3720, tohich was seized, tuithin a period of four ueeks 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 petitioners approached the respondent authorities and requested them to release the Tractor bearing registration No.TS 31 FT FTR 3720, b:ut there was no response fronr the respondents. Thereafter, the petitioners on 7'1,.09.2023, sent a legal notice to the respondent authorities to implement the order dated 02.08.2023 passed in W.P.No.20479 of 2023, brtt till clate the same is not implemented. Hence, the contempt case.

6.

Learned Government Pleader for Forest appearing for respondents submits that counter is filed wherein it is stated that in pursuant 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 and directed petitioner No.3 to give compounding statement for release of the 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 statement is not submitted.

7.

Learned Government Pleader submits that the total extent of land in Sy.No.207 is Ac.37.09 gts, out of which Ac.28.00 gts is constituted in Kollapur Forest Block, the remaining land available in Sy.No.207 is Ac.9.09 gts. But surprisingly the Revenue department issued alleged Assignment pattas in respect of Ac.47.00 gts including assignment pattas in favor of the petitioners, without notice of the Forest Department. It is further submitted that the Forest officials had preferred W.A.No.1108 of 2023 against the order dated 02.08.2023 passed in W.P.No.20479 of 2023 and the Hon'ble Division of this Court on 29.1,1,.2023 ordered notice and posted the matter after four weeks and pray this Court to dismiss the contempt case. 8.

Per contra, learned counsel for the petitioners submits that the respondent authorities are demanding the petitioners to give a written undertaking that they will not proceed with any agricultural activities on the subject property. It is further submitted that the petitioners 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 being clear with the bountlaries are undertaking to confine their agricultural activities within the patta lands assigned to them. 9.

Learned counsel for the petitioners submits that there is issue on the determination of the boundaries between the Forest Department and Ilevenue department and the respondent authorities' are neither condu:ting Survey for demarcation of the subject land nor releasing the vehir:le of petitioner No.3.

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

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

12. Having considered the above facts and circumstance and in view of the fact that this Court in W.P.No.20479 of 2023 by order dated 02.08.2023 had directed the respondent authorities to release the tractor bearing No.TS 31 FT FTR 3720 and in W.A.No.1108 of 2023 no orders are passed by the Hon'ble Division Bench. Recording the same, this Contempt Case is closed with a direction to respondent authorities to release the vehicle of petitioner No.3 bearing No.TS 31 FT FTR 3720, within a period of two (2) weeks from the date of receipt of copy of this order Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

SD/- B. SAryAVATHI DEPU\REGISTRAR 'u //TRUE COPY// SECTION OFFICER To,

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

2. Sri. Sharath Chandra Reddy, The Forest Range Officer, Kollapur Range, Kollapur Proper and Mandal, Nagar Kurnool District.

3. Sri. M. Naveen Reddy, The Forest Divisional Officer, Achampet, Achampet 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 Copies Njb/J

HIGH COURT DATED:2911212023 1 e S fAiE o o,J $ 2 tts 2[2[ ',\n t:

(i) Of sPrfi;'li

ORDER

GC.No.2345 of 2O23 I I I CLOSING THE CONTEMPT CASE ( 1,- \/-'l