Mamidi Suvarna v. Mr.K.Venkat Swamy,

HON'BLE SRI JUSTICE J. SREENIVAS RAO Contempt Case No.1274 of 2011 ORDER:- The petitioners filed this Contempt Case under Sections 10 to 12 of Contempt of Courts Act, 1971 to punish the respondents for violation of order passed in W.P. No.28203 of 2008, dated 26.12.2008. 2.

Smt.A. Krishaveni, learned counsel representing Sri P. Prabhakar Reddy, learned counsel for the petitioners submits that the respondents without following the due process of law, entered into the petitioners' land to an extent of Ac.2.20 gts each in Sy.No.44 situated at Didigi Village. In the month of June, 2011 and disturbed the possession of the petitioners by causing damage to the cotton crop.

3.

The learned Government Pleader for Forests appearing on behalf of the respondents submits that the subject land covered by Sy.No.44 is forest land, it was notified under Section 19 of Hyderabad Forest Act as Reserve Forest and the same was published in Andhra Pradesh Gazette, '36' dated 15.03.1961. The petitioner submits that the revenue authorities without verifying the same granted pattas of the forest land and the forest authorities have requested the revenue authorities to cancel the pattas granted illegally in the forest land. 4.

Taking into consideration of the same, RDO, Sangareddy has cancelled the pattas vide Proceedings No.C1/5665/2007, dated 10.10.2008 duly conducting enquiry and the petitioners are not entitled

to claim any ownership on the forest land. The learned Government Pleader further submits that the entire land covered in Sy.No.44 is forest land only.

5.

Respondent No.1 in the counter affidavit stated that the petitioners are not in possession of the subject land and the same was already notified as reserve forest land question of interference of the respondents with the peaceful possession of the petitioners does not arise. 6.

This Court while disposing the writ petition No.28203 of 2008 on 26.12.2008 directed the respondents not to dispossess the petitioners without following the due process under law. As per the averments of the counter affidavit filed by the respondent No.1, it clearly shows that the revenue authorities after following due process of law cancelled the patta certificate issued in favour of the petitioners on 21.11.2008 and further stated that petitioners are not in possession of the subject land. 7.

In view of the same, the Contempt Case is closed. However, liberty is given to the petitioners to work out the remedies as available under law. No order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_______________________ J.SREENIVAS RAO, J 24-02-2023.

Skj

HONOURABLE SRI JUSTICE J. SREENIVAS RAO C.C.No.1274 OF 2011 Date : 24-02-2023 Skj.