Andhra Pradesh High Court - Amravati
Vanki Pratap Kumar vs The Chief Conservator Of Forests 11 ... on 12 January, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION Nos.4032 and 4276 of 2011
COMMON ORDER:
Both the petitions are filed claiming same relief by different petitioners. As the issue involved in these petitions is one and the same, I am of the view that it is appropriate to decide both the petitions by common order taking Writ Petition No.4032 of 2011 as leading petition.
W.P. No.4032 of 2011 came to be filed under Article 226 of the Constitution of India seeking the following relief:-
".... to issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declare the action of the Respondents 1 to 8 in interfering with the peaceful possession and enjoyment of the lands belongs to the Petitioner to an extent of Ac.15.00 cents in Survey No.1903/1 situated in Nellore Bit-I, Nellore Mandal, Sri Potti Sriramulu Nellore District even though they do not have any Right or Title on the said land and acting contrary to the proceedings of the 9th respondent vide Rc.E1. 5504/2209 dated 04.02.2011 which was issued basing on the Joint Survey Report dated 17.7.2010 as arbitrary, illegal and unreasonable and consequently Direct the respondents 1 to 8 and their subordinates not to interfere with the peaceful possession and enjoyment of the lands belongs to the Petitioner to an extent of Ac.15.00 cents in Survey No.1903/1 situated in Nellore Bit-I, Nellore Mandal, Sri Potti Sriramulu Nellore District by further 2 VS,J wps_4032 and 4276_2011 directing the respondents 1 to 8 to implement the Joint Survey Report dated 17.7.2010 forthwith and to pass...."
The brief facts of the case are that the petitioner has purchased land admeasuring Ac.15.00 cents out of Acs.26.86 cents of land in Survey No.1903/1 of Ambapuram village, Nellore Bit-I, Nellore Mandal, Sri Potti Sriramulu Nellore District from one Palagari Dasaratharami Reddy and his family members vide registered sale deed dated 14.06.2005. Since then, he has been in peaceful possession and enjoyment of the same by paying CIST . The petitioner's name has also been entered in adangal and 10(1) account. The revenue authorities also issued pattadar pass book and title deeds in his favour. Further, the Tahsildar, Nellore issued a certificate dated 23.04.2007 certifying that the land to an extent of Ac.26.86 cents is a Ryotwari Patta Land.
It is further stated that the Government issued G.O.Ms.No.1690 Food and Agriculture (Forest III) dated 16.09.1969, declaring Ac.473.00 cents of land in Sy.No.1 and extent of Ac.14.24 cents of land in Sy.No.7 in 3 VS,J wps_4032 and 4276_2011 Ambapuram Village as Ambapuram Reserve Forest. In addition to that an extent of Ac.1526.86 cents of land in Sy.No.1903/3 of Ambapuram Village was already notified as Nellore Reserve Forest in the year 1983. The land to an extent of Ac.15.00 cents purchased by the petitioner was not included in the Nellore Reserve Forest as well as Ambapuram Reserve Forest Area, but however adjacent to the Ambapuram Reserve Forest area. Further, as per the revenue records i.e. Diglot 10-1, Adangal as well as 1-B register, the land to an extent of Ac.26.86 cents in Sy.No.1903/1 of Nellore Bit-I is classified as Inam Patta Land. At the instance of respondent Nos.2 and 3, respondent No.4 to 8 are interfering with the peaceful possession and enjoyment of the petitioner. Thereupon, the petitioner approached the Tahsildhar and made a representation on 15.06.2009 to fix up boundaries of land situated in Sy.No.1903/1 of Nellore Bit-I Village. On receipt of the said representation, the Tahsildhar requested the Mandal surveyor, Nellore to conduct survey and fix up boundaries of the land in Sy.No.1903/1 of Nellore Bit-I village and also 4 VS,J wps_4032 and 4276_2011 addressed a letter to respondent No.3 on 25.08.2009 requesting him to depute some responsible officer on 05.09.2009 for the purpose of conducting survey. After conducting survey, the Tahsildar, Nellore addressed a letter to the DFO, Nellore on 9.10.2009 to send more information to take further action. Again on 12.11.2009, the Tahsildar, Nellore addressed reminder letter to the D.F.O, Nellore requesting him to attend joint survey to be conducted on 24.11.2009 and also requested to attend Joint survey to be conducted. But, the Forest officials did not attend the said survey conducted on 24.11.2009.
It is further stated that on the request of the District Collector, Nellore, again on 25.03.2010, respondent No.12 conducted joint survey and submitted his report to the District Collector, Nellore stating that "as per the survey records, the S.Nos.1 and 7 of Ambapuram Village is Ac.454.56 cents and in S.No.7 of Ambapuram Village the extent is Ac.14.24 cents and in total, the extent of the Ambapuram reserve forest is Ac.468.80 cents and the land 5 VS,J wps_4032 and 4276_2011 in north to the existing forest land and south to the Nellore village outskirts is Ac.10.00 which belongs to Ambapuram reserve forest is Ac.478.80 cents and the land in north to the existing forest land and south to the Nellore village outskirts is Ac.10.00 which belongs to the Ambapuram reserve forest is Ac.478.80 cents and hence the land on ground that the land as per Gazette of the Forest Department is sufficiently same without the disputed land. Hence, it is confirmed that the land in Sy.No.1903/1 in an extent of Ac.26.86 cents of Nellore Bit-I Village of Nellore Mandal is a patta land.
In pursuance of the said report, the District Collector, Nellore addressed a letter on 24.05.2010 to the Tahsildar, Nellore requesting him to verify the village account and report the classification of the land in S.No.1903/1 with details. Pursuant to the letter of the District Collector, the Tahsildar, Nellore submitted his report on 29.05.2010 stating that the subject matter of the land is a patta land and the same was purchased by the petitioner and he is in peaceful possession and enjoyment of the same. Apart from 6 VS,J wps_4032 and 4276_2011 the above, Revenue Divisional Officer, Nellore submitted his report on 26.08.2010 to the District Collector confirming the report of the Tahsildar.
It is also stated that subsequently the Assistant Director of Survey and Land Records conducted Joint Survey along with Forest Department officials on 17.07.2010. On that date all the officers of the Survey department as well as Forest Department have attended the Joint Survey with their respective GPS devices and prepared the report. After preparing the report, all the officers who have attended the Joint Survey have made their signatures on the said report. After preparing the same, the Assistant Director of Survey and Land Records, send the report of Joint Survey enclosing the sketch along with covering letter dated 21.8.2010. Basing on the said Joint Survey Report, the District Collector, Nellore as per his proceedings vide Rc.EI. 5504/2009, dated 4-2-2011 informed the 3rd respondent that the land in Survey No.1903/1 is a patta land and the same is not covered by the Ambapuram Reserve Forest as 7 VS,J wps_4032 and 4276_2011 well as Nellore Reserve Forest. The operative portion of the proceedings of the District Collector, dated 4-2-2011 is as follows:
"Thus it is proved beyond any dispute from the Revenue Records i.e. Diglot Adangal and I-B as well as Forest records such as Reserve Forest notification of Nellore R.G. during 1893, as well as Ambapuram R.F. dated 29.11.1969 the land in S.No.1903/I measuring Ac.26.86 cents is lying outside the boundaries of both Nellore R.F. and Ambapuram R.F. and is this Inam patta land only."
It is further stated that though the boundaries of the land belongs to the Forest Department, the land in Sy.No.1903/1 is situated outside the boundaries of both Nellore Reserve Forest and Ambapuram Reserve Forest, respondent Nos.3 to 8 are trying to interfere with the peaceful possession and enjoyment of the petitioner. Hence, the writ petition.
When the matter came up for admission, on
21.02.2011 passed the following interim order in
W.P.M.P.No.4987 of 2011.
8
VS,J
wps_4032 and 4276_2011
"Prima facie, the joint survey reports dated 30.04.2010 and dated 21.08.2010 reveal that land to an extent of Acs.26.86 cents in survey No.1903/1, which includes an extent of Acs.15.00 referred to above does not form part of Ambapuram reserve forest. Therefore, respondent Nos.3 to 8 are restrained from interfering with the petitioner's possession of the said land pending further orders."
Thereafter, on 17.10.2011, while dismissing the W.V.M.P.No.1548 of 2011 made the following observations:
"In my prima facie opinion, the survey was conducted by both the revenue and forest departments on two occasions and on both the occasions it was found that the land in question does not form part of Ambapuram Reserve Forest. In the face of this admitted position, I find the elements of balance of convenience and irreparable injury in favour of the petitioner for continuing the interim order. Accordingly, interim order, dated 21.02.2011 is made absolute."
Respondent No.2 filed counter affidavit denying the material allegations and specifically contended that the two reports dated 30.04.2010 and 28.05.2010 are not the joint inspection reports. On 22.06.2010 the District Collector, SPSR Nellore submitted a report to the Assistant Director, Survey and Land Records, Nellore vide Rc.E1/5504/2009. Basing on the report of the District Collector, SPSR Nellore, 9 VS,J wps_4032 and 4276_2011 the joint survey was conducted on 17.07.2010, wherein it was concluded by the department of Survey and Land records and Forest Deparmetn that, the land in Survey No.1903/1 Nellore Bit-I, falls in Ambapuram Reserve Forest. In spite of the said report, the Collector and District Magistrate has considered the report submitted by the Deputy Inspector of Survey, Revenue Divisional Office, Nellore in saying that the land in Survey No.1903/1 Nellore Bit.I falls outside the Ambapuram Reserve Forest by not considering the joint survey conducted on 17.07.2010, by the Department of Survey and Land records and Forest Department that the land in Sy.No.1903/1, Nellore Bit.I falls in Ambapuram Reserve Forest.
It is further contended that the Tahsildar, Nellore Mandal in his letter Rc.B.2496/2010 dated 29.05.2010 ,stated that "according to the information available in Diglot, the land in Survey No.1903/1 has not been converted into Ryotwari patta issued in favour of anybody". This clearly shows that the land in the Survey No.1903/1 Nellore Bit.I 10 VS,J wps_4032 and 4276_2011 falls in Ambapuram Reserve Forest. According to Section 17 of the A.P.Forest Act,1967 "no right acquired over reserve forest except as herein provided:- no right of any description shall be acquired by any person in or over a reserve forest, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or any person in whom such right was vested before the publication of the notification under Section 15". Since Section 15 notification of Ambapuram Reserve Forest was already published in State as well as Nellore District Gazette. As per the provisions under Section 17 of the Act, the petitioner has no right to claim the land in Sy.No.1903/1, and requested to dismiss the writ petition.
Respondent No.5 filed separate counter contending that the then Forest Settlement Officer, Chittoor conducted a joint inspection of Ambapuram Reserve Forest along with Assistant Conservator of Forests, Incharge settlements on 20.12.1965 stating that the subject land is contiguous to Nellore Reserve Forest on West, and that the boundary on 11 VS,J wps_4032 and 4276_2011 west is well fixed and it is reserve forest boundary itself. Therefore, there is no patta land in between Nellore and Ambapuram Reserve Forest on western side and no such mention was made by the Forest Settlement Officer. On 17.07.2010, the joint survey has been conducted by Forest and Revenue Staff with GPS device in order to arrive the correct shape of the Reserve Forest. The joint survey was conducted basing on the maps prepared at the time of notification issued under Section 15 of the A.P.Forest Act. As per the said survey the cairns (boundary pillars) are in tact and no change in the boundary of the Reserve Forest. The maps plotted as per GPS readings of both the Department as well as old black map on marking the said land are also submitted to the District Collector, Nellore. Since the said land is vested with Forest Department as per Gazette notification and the maps enclosed, there is no need to prepare a combined sketch. Moreover, the GPS survey is useful to arrive the shape of the Reserve Forest only. As there is no denial on the shape of Ambapuram Reserve Forest from both Forest and Revenue Departments, it is clear 12 VS,J wps_4032 and 4276_2011 that the subject land is in Ambapuram Reserve Forest. The Revenue department can not conclude the classification of said land as "Inam pattaland" without changing the classification of land in Revenue Records as per Section 15 notification of the said reserve forest. The Forest department at any stage has not agreed that the said land is a "Inam patta land". The entire land in question is covered by Forest growth and the lands vested with the Forest Department since its notification. Therefore, the petitioner cannot claim that he is in possession of the Forest Lands and requested to dismiss the writ petition.
Admittedly, the petitioner is in possession of the subject land as patta was granted in their favour by the Revenue Department. The two reports dated 30.04.2010 and 29.05.2010 categorically reveal that an extent of Ac.26.86 cents in Sy.No.1903/1 of Nellore Bit-I of Nellore Mandal, Nellore District does not form part of Ambapuram Reserve Forest. The relevant portion in the proceedings issued by the 13 VS,J wps_4032 and 4276_2011 Assistant Director, Survey and Land Records, Nellore vide Rc.A3/69/10 dated 30.04.2010 reads thus:
"Hence, it can be confirmed that the land in Sy.No.1903/1 of extent Ac.26.86 cents of Nellore Bit-I village of Nellore Mandal is a Patta land."
The relevant portion in the proceedings issued by the Tahasildar, Nellore Mandal, vide Rc.B.2496/2010 dated 29.05.2010 reads thus:
"I submit that according to diglot of Nellore Bit - 1 village, Sy.No.1903/1 with an extent of Ac. 26.86 cents has been classified as Inam Patta Land (Ambapuram Srotriyam). According to the information available in diglot, the land in Sy.No.1903/1 has not been converted into Ryotwari patta issued in favour of any body. However, it has been learnt that one Sri Vanki Prathap Kumar, S/o Radhaiah has purchased from Sri Palagani Dasaradha Rami Reddy and others vide document No.8183/2005 dated 14.06.2005 and present the in Sy.No.1903/1 for extent of Ac. 15.00 cts. under peaceful enjoyment and possession with Vanki Prathap Kumar S/o Radhaiah."
Thus, as per the said reports, the subject land is a patta land and not a forest land. However, in the joint inspection report dated 17.07.2010, it is stated as follows: 14
VS,J wps_4032 and 4276_2011 "The area of Ambapuram mentioned in the letter of Asst.Director of Survey and Land Records No.A3/69/10 dt.07.07.10 falls in Ambapuram R.F. The related surveyed sketch would be prepared and further report would be submitted to the Divisional Forest Officer within 15 days."
Even after the said joint survey conducted on 17.07.2010, the District Collector, Nellore as per his proceedings vide Rc.EI. 5504/2009, dated 04.02.2011 informed the 3rd respondent that the land in Survey No.1903/1 is a patta land and the same is not covered by the Ambapuram Reserve Forest as well as Nellore Reserve Forest. The operative portion of the proceedings of the District Collector, dated 04.02.2011 is as follows:
"Thus it is proved beyond any dispute from the Revenue Records i.e. Diglot Adangal and I-B as well as Forest records such as Reserve Forest notification of Nellore R.G. during 1893, as well as Ambapuram R.F. dated 29.11.1969 the land in S.No.1903/1 measuring Ac.26.86 cents is lying outside the boundaries of both Nellore R.F. and Ambapuram R.F. and is this Inam patta land only."
The petitioner contended that he is in possession and enjoyment of the subject land and patta was granted in his favour. Further, his name was mutated in the revenue 15 VS,J wps_4032 and 4276_2011 records such as in Adangal and 10 (1) account. As per the proceedings issued by the Assistant Director, Survey and Land Records, Nellore and the Tahasildar, Nellore Mandal the subject land is patta land. It is stated in the joint inspection report dated 17.07.2010, the subject land would fall in Ambapuram Reserve Forest. However, in the subsequent proceedings issued by the District Collector, Nellore vide Rc.EI. 5504/2009, dated 04.02.2011, it is stated that the land in S.No.1903/1 measuring Ac.26.86 cents is lying outside the boundaries of both Nellore R.F. and Ambapuram R.F. Therefore, if the Forest Department found that the petitioner is in possession and enjoyment of the forest land, it is for the Forest Department to address letter to the Revenue Department with a request to cancel the patta as the petitioner has been in possession and enjoyment of the subject land under the guise of registered sale deed, and the revenue records, wherein the name of the petitioner has been mutated as the absolute owner and possessor, which fact 16 VS,J wps_4032 and 4276_2011 was also further confirmed by the District Collector, Nellore stating that the land in Sy.No.1903/1 measuring Ac.26.86 cents is lying outside the boundaries of both Nellore Reserve Forest and Ambapuram Reserve Forest, and it is a INam patta land, as such the Forest Department cannot interfere with the possession and enjoyment of the petitioner.
The claim of the forest department is that the subject land is part of Ambapuram Reserve Forest, whereas the revenue records would show that it is patta land. Therefore, it is a dispute between Revenue and Forest Departments and it is for them to settle the same. For the dispute between the Government departments, the petitioner cannot be put to any hardship. Therefore, the respondents cannot interfere with the peaceful possession and enjoyment of the petitioners over the subject land.
With the above observations, both the writ petitions are disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners to an extent of Ac.15.00 cents and Ac.5.00 cents respectively in 17 VS,J wps_4032 and 4276_2011 Sy.No.1903/1 situated in Nellore Bit-I, Nellore Mandal, Sri Potti Sriramulu Nellore District. No costs.
Miscellaneous petitions pending, if any, in the Writ Petitions, shall stand closed.
________________________ JUSTICE V.SUJATHA 12.01.2024 Ksp