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IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE WEST GODAVARI

DISTRICT : ELURU

I.A.No. /2019
IN
A.S.No. /2019

Between:

1. The Divisional Forest Officer,

Wild Life Management
Eluru, W.G.Dsit.

2. Asst. Director of Fisheries,

Eluru, W.G.Dist.

3. The District Collector,

West Godavari Dist,
Eluru.

4. The Tahsildar,
Eluru Rural Mandal, … Petitioners/Appellants/
Eluru. Defendants

And

1. Sri Ghantasala Daveedu … Respondents/Respondents/

2. Smt. Ghantasala Abigayalu Plaintiffs.

AFFIDAVIT FILED BY THE 1ST PETITIONER ON BEHALF OF

PETITIONERS UNDER SECTION 139 CPC.

I, Anantha Sankar, S/o. Salil Kumar Tiwari, Hindu, Male, Aged about 30
Years, Working as Divisional Forest Officer (FAC), Wild Life Management
division, Ashoknagar, Ameenapeta, Eluru, do hereby solemnly affirm and state
on oath as follows :

1. I am the 1st petitioner/appellant herein and the subject matter of

the dispute pertaining to my Department. I am well acquainted with the facts
of the case. The petitioners 2 to 4 are also shown as parties in the Court below
in O.S.No. 217/2004 and as such I am filing this affidavit on their behalf also.

2. I state that the respondents/plaintiffs filed the above suit against us

for permanent injunction restraining us, our men and servants from ever
interfering with their peaceful possession and enjoyment of the plaint schedule
property i.e., an extent of Ac. 9-00 cents situated in R.S.Nos. 181/1,2
183/1 to 3, 175/3 and 175/4 of Sreeparru Village of Eluru Mandal, W.G.Dsit.
We made our appearance through Govt. Pleader and filed our written
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statement and contested the suit inter alia contending that the GOs., and also
Wild Life protection Act, specifically prohibits commercial activity in side this
sanctuary and which diverts, stops are increases the flow of water into out
side the sanctuary and traditional fishing is different from pisci culture and
Aqua culture and that the respondents/plaintiffs are carrying out commercial
activity against such prohibition etc.

3. I state that on an erroneous application and facts the Court below i.e.,
the Hon’ble Addl. Sr. Civil Judges’ Court, Eluru was pleased to decree the suit
in favour of the plaintiffs and against us by its decree and judgement
Dt. 05.10.2018. We applied for certified copy on 06.10.2018 and it was
received by Govt. Pleader on 06.12.2018. The appeal has to be filed on or
before 05.01.2019.

4. I state that in fact there is no regular Divisional Forest Officer, to hold

the charge of Wild Life Management Division from 28.07.2014. The Division is
under Full Addl. Charge of Divisional Forest Officer, Territorial, Eluru till Divl.
Forest Officer, Joined duty on 29.05.2017. After him I am given Full Addl.
Charge on 21.07.2018 and I have to look after at Rajahmundry and also at
Eluru. Moreover, from 06.01.2019 is Sunday and from 07.01.2019 to
18.01.2019 are Sankranthi Vacations for Courts. Even inspite of our best
efforts, we could not file the Appeal intime. As such, I am constrained to file
this Delay condonation petition in filing the Appeal.

5. There are no willful laches or negligence on my part in not filing the

Appeal intime. Hence, this Delay condonation petition. We have got bright
chances to succeed in Appeal. We will deligently prosecute the case in future.

I therefore, pray that the Hon’ble Court may be pleased to condone the
delay of days in filing above Appeal and to pass such other orders as the
Hon’ble Court deems fit, and proper in the circumstances of the case and in
the interest of justice. Else, the Government will be put to irreparable loss and
injury.
Be pleased to consider,

Deponent.

Solemnly affirmed the contents of this affidavit and signed before me on

this the day of January, 2019 at Eluru.
Advocate.
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IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE WEST GODAVARI

DISTRICT : ELURU

I.A.No. /2019
IN
A.S.No. /219

Between:

1. The Divisional Forest Officer,

Wild Life Management
Eluru, W.G.Dsit.

2. Asst. Director of Fisheries,

Eluru, W.G.Dist.

3. The District Collector,

West Godavari Dist,
Eluru.

4. The Tahsildar,
Eluru Rural Mandal, … Petitioners/Appellants/
Eluru. Defendants

And

1. Sri Ghantasala Daveedu … Respondents/Respondents/

2. Smt. Ghantasala Abigayalu Plaintiffs.

PETITION FILED ON BEHALF OF THE PETITIONERS UNDER SEC. 5 OF THE

LIMITATION ACT.

****
1) PETITIONER/APPELLANTS/DEFENDANTS :

1. The Divisional Forest Officer, Wild Life Management, Eluru, W.G.Dsit.

2. Asst. Director of Fisheries, Eluru, W.G.Dist.

3. The District Collector, West Godavari Dist, Eluru.

4. The Tahsildar,Eluru Rural Mandal, Eluru.

RESPONDENTS/RESPONDENTS/PLAINTIFFS

1. Ghantasala Dveedu, S/o. Balaramudu, Hindu, Male, Aged about 62 Years,

Cultivation, R/o. D.No. 2-31, Chintapadu Village, Mandavalli Mandal,
Krishna District, Kaikaluru JCJC.

2. Smt. Ghantasala Abigayalu, W/o. David, Hindu, Female, Aged about 58

Years, Housewife, R/o. D.No. 2-31, Chintapadu Village, Mandavalli Mandal,
Krishna District, Kaikaluru JCJC.

***
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For the reasons stated in the accompanying affidavit, the

Petitioners/Appellants/Defendants therefore, pray that the Hon’ble Court may
be pleased to condone the delay of days in filing above Appeal and to pass
such other orders as the Hon’ble Court deems fit, and proper in the
circumstances of the case and in the interest of justice.

Be pleased to consider,
Eluru,
Date :
Counsel for the Petitioners.