THE HON’BLE SRI JUSTICE NOUSHAD ALI Contempt Case No.1042 of 2011 and Review WPMP.No.37256 of 2011 in W.P.No.12990 of 2011 Date: 10.04.2012 C.C.No.1042 of 2011 : Between : Madi Shankaraiah and others. … Petitioners and S. Narasaiah, Forest Range Officer, Mangapeta Range, Mangapeta, Warangal District and others. … Respondents Review WPMP.No.37256 of 2011 : Between : The Forest Range Officer, Mangapeta Range, Mangapeta, Warangal District and another. … Petitioners and Madi Shankaraiah and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Contempt Case No.1042 of 2011 and Review WPMP.No.37256 of 2011 in W.P.No.12990 of 2011 COMMON ORDER : Since both these matters arise out of the very same order dated 29.4.2011 passed by this Court in W.P.No.12990 of 2011, they are heard together and being disposed of by this common order. 2. The writ petitioners, who belong to Koya S.T. community, filed the above writ petition seeking mandamus to declare the action of respondent Nos.1 and 2, Forest Range Officer and the Divisional Forest Officer, respectively, in interfering with their possession and enjoyment of the lands situated in compartment No.7036/39 of Puredupally Beat, Mangapeta Block, Eturunagaram Mandal of Warangal District. The writ petition was filed on the premise that they are in possession and enjoyment of the said lands and are entitled for the benefit arising out of the provisions under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Taking the statement made by the petitioners that the Forest Rights Committee verified their claim and recommended for assignment of pattas and the said recommendation was pending consideration, this Court disposed of the writ petition by order dated 29.4.2011 directing the respondents not to interfere with the possession and enjoyment of the lands of the petitioners until finalisation of their claims by the competent authority. The writ petition was disposed of at the stage of admission on the basis of the averments made by the respondents and with the consent of both the counsel. 3. The respondents in the writ petition have come up with this review petition stating that the writ petitioners are not in possession of the lands and plantation has been undertaken by the Forest Department itself. The respondents have also denied the entitlement of the pattas of the writ petitioners. 4. In the circumstances, it is eminently a fit case to recall the order dated 29.4.2011 passed in W.P.No.12990 of 2011, so as to have a full-fledged hearing of the matter after the counters are filed by the respondents in the writ petition. 5. Accordingly, review W.P.M.P.No.37256 of 2011 is allowed and the order dated 29.4.2011 passed in W.P.No.12990 of 2011 is recalled. 6. Post the writ petition for admission before the appropriate Court, having roster to deal with the matters, after obtaining necessary orders from the Hon’ble the Chief Justice. 7. C.C.No.1042 of 2011 is filed alleging violation of the order dated 29.4.2011 passed in W.P.No.12990 of 2011. 8. Since the said order has been recalled by me today in review W.P.M.P.No.37256 of 2011, the contempt case does not require adjudication. 9. Accordingly, the contempt case is dismissed. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 10.04.2012. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI Contempt Case No.1042 of 2011 and Review WPMP.No.37256 of 2011 in W.P.No.12990 of 2011 10.04.2012 (Msr)