( 1 ) THE Divisional Forest Officer, Eluru, West Godavari District, being aggrieved by the order of the learned single Judge dated 4-12-1995 made in W. P. No. 12394 of 1989 has filed this writ appeal. By the order under appeal, the learned Judge has dismissed the writ petition filed by the Divisional Forest Officer, Eluru.

( 2 ) THE background facts leading to the filing of the writ petition be noted briefly as under : bhogalu Forest Estate admeasuring 4900 acres was taken over by the State Government consequent on the abolition of the estate. The Forest Department was entrusted with that estate for the purpose of its management on 1-10-1952. Subsequently, the area of 4900 acres taken over by the Government and entrusted to the Forest Department was notified under S. 26 of the Madras Forest Act, 1882 and the notification was published in the West Godavari Gazette on 6/07/1953. Thereafter, the Forest Department caused survey of the land by a survey party of the Forest Department in March, 1959 after excluding the patta land and the land required for the communal needs. An area of 4100 acres out of 4900 acres was proposed for reservation under S. 4 of the Andhra Pradesh Forest Act, 1967, for short the Act and that proposal was approved by the Government in G. O. Ms. No. 3, dated 3-1-1970. The notification was published in the A. P. Gazette on 29-1-1970 and also in West Godavari District on 7-8-1996. The Government of Andhra Pradesh while publishing the notification under S. 4 of the Act, appointed the Forest Settlement Officer, Nellore, to enquire into the claims of persons, if any. The Forest Settlement Officer published a notification inviting claims, if any, on 6-5-1977 from the interested persons. M/s. Inuganti Ramakrishna Ranga Rao and Inuganti Paparao filed their claim petitions in response to the notification before the Forest Settlement Officer, Nellore for exclusion of patta lands in Bogalu Forest block from forest area. The Forest Settlement Officer, after making necessary enquiry, wrote a letter No. C. A. 1/871/72-B, dated 18-12-1984 to the Secretary, Forest and Agriculture Department, Government of Andhra Pradesh, Hyderabad, in which he has stated that the claimants established their claims over the land and their claims are genuine and they have to be allowed. However, the Forest Settlement Officer opining that since the area in question attracts the provision of the Forest Conservation Act, 1980, prior orders of the Government of India have to be obtained for eliminating the land from the proposed block, recommended to the State Government to obtain permission from the Government of India. The relevant portion of the letter dated18-12-1984 written by the Forest Settlement Officer, Nellore to the Secretary, Forest and Agriculture Department, Government of Andhra Pradesh where he has recorded findings reads :"in view of the facts mentioned above and in view of the documentary evidence produced by the petitioners during the enquiry and after perusal of concerned revenue records, in the Taluk Office, Chintalapudi, it is found clear that the claimants have established their claim over the land beyond doubt with the result the claim of the petitioners is genuine and it has to be allowed. As this area in question attracts the provision of the Forest Conservation Act, 1980 of Government of India prior orders of the Central Government have to be obtained for eliminating any land from the proposed block. Since the land in question which got sub-divided as per the entries in the land register maintained early in the year 1969 (i. e. 1-1-1969) and that too prior to the notification of this block under S. 4 of the A. P. Forest Act and since the claim of the petitioners is established beyond doubt during the enquiry conducted by the Forest Settlement Officer, Nellore necessary orders of the Central Government may be obtained and communicated for eliminating the patta lands over an extent of 342. 50 acs. , or 13