THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.62 of 2011 (Dated : 28-09-2011) Between: Nupa Veeraiah and others ...Petitioners A n d Sri K.Ashok Kumar Divl. Forest Officer and others ...Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.62 of 2011 ORDER: This contempt case has been filed by the petitioners in W.P.No.16246 of 2010 complaining disobedience of the order dated 02-09-2010. 2. Notice before admission came to be ordered on 07-02- 2011. The 1st respondent filed counter. The petitioners filed reply to the counter affidavit. 3. When the contempt case came up for admission hearing, there is no representation on behalf of the petitioners. 4. Perused the order passed in the writ petition, counter, additional counter filed by the 1st respondent and reply to the counter. The direction given in the writ petition is that the 1st respondent shall give transit permission to the petitioners to lift 50% of the teak and non-teak trees existing in their lands as per G.O.Rt.No.1 dated 1-1-2010 subject to their following the procedure contemplated under Rule 8 of A.P.Preservation of Private Forest Rules, 1978. In the additional counter filed by the 1st respondent, it is stated that the Divisional Forest Officer has already issued Form-I Permits to the Forest Range Officer, Dummugudem and directed him to inform the concerned pattedars to be present and make arrangements for loading and transporting the material from the patta land sites to GTD Bhadrachalam. Relevant portion of the additional counter needs to be noted and it is thus:- “The Divisional Forest Officer has already issued Form-I Permits to the Forest Range Officer, Dummugudem , vide Book No.5701 and Permit Nos.0285151 to 0285156 ( 6 Nos.), vide proceedings in Rc.No.3030/2007/B7 dated 01.3.2011 and directed him to inform the concerned pattedars to be present and make arrangements for loading and transporting the material from the patta land sites to GTD Bhadrachalam. The Forest Range Officer has been directed to personally supervise this work with the assistance of the concerned staff and ensure that the material is transported by issuing Form-I permits and invoices. The pattedars have also been informed about the issuing of the permits and advised to transport the material to the nearest GTD Bhadrachalam. The Divisional Forest Officer, Bhadrachalam North has already requested the District Collector, Khammam vide Rc.No.3030/2007/B7 Dated 19.01.2011 and 20.02.2011 to provide funds for transportation of material from patta lands to GTD Bhadrachalam. The funds are required in case the pattedars are not in a position to incur expenditure for transportation of the material to the GTD Bhadrachalam. As soon as the pattedars take action and transport the material to the GTD Bhadrachalam under the Form-I permits and invoices already issued, the Divisional Forest Officer, Bhadrachalam will take action for auctioning the material and realizing the revenue from the highest bidders and remitting the amount in the accounts of the concerned pattedars duly deducting the expenditure which may be incurred on conduct of sales and planting teak stumps on the periphery of the farm bunds of the pattadars. Thus, the Department has taken prompt action as per the orders of the Hon’ble High Court of Andhra Pradesh duly following the procedure prescribed under Rule 8 of A.P.Preservation of Private Forest Rules, 1978. It is prayed that the pattadars may be directed to take immediate action for transporting the felled material from patta lands to GTD Bhadrachalam for taking further action by the Department”. 5. In view of the specific assertion taken by the 1st respondent in the additional counter that the pattadars have been permitted to transport the material, it amounts to substantial compliance of the order dated 02-9-2010 passed in W.P.No.16246 of 2010. 6. Accordingly, the Contempt Case is dismissed as redundant. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.28-09-2011 *RAR