(Per Ramesh Ranganathan, Judge)

1. This Petition is filed by the Divisional Forest Officer, Eluru seeking review of the order in W.A. No.82 of 1998 dated 25-1-2002.

2. An extent of 4900 acres in Bhogole Forest Block, in Chintalapudi Taluq, Eluru Division of West Godavari District, was handed over to the Forest Department on 1-12-1952, and a notification was proposed to be issued under Section 26 of the Forest Act V of 1882 (Andhra Area). After excluding certain portions thereof for communal purposes, the remaining extent of 4100 acres was demarcated and a notification, under Section 4 of the A.P. Forest Act, 1967 (hereinafter referred to as the “Act”), was issued vide G.O.Ms.No.3, Food and Agriculture Development (Forest-III), dated 3-1-1970. The said notification was published in the West Godavari District Gazette on 7-8-1976. A proclamation, under Section 6 of the Act, was published in the West Godavari Gazette on 6-5-1997. All persons claiming right in the said land, or to any of the forest produce therefrom, were called upon to state, within six months from the date of proclamation, the nature of their rights, and to produce all documents in support thereof.

3. After a joint claim statement was filed, Sri Inuganti Ramakrishna Ranga Rao, in his sworn statement dated 21-6-1982, deposed that the patta lands in Sy.No.537/1 to 5 was once shortriyam land belonging to Bhogole village; his grand-father Sri Inunganti Madhava Rao was the then Zamindar of Bhogole Zamin; on 2-2-1931 zamindari pattas were granted over an extent of Ac.112.68 cts in Sy.No.537/2 in favour of Smt. Inuganti Rajyalakshmamma; an extent of Ac.94.00 cts in Sy.No.537/3 in his favour on 16-12-1931; and an extent of Ac.135.82 cts. in Sy.No.537/4 in favour of Sri Inuganti Papa Rao on 22-1-1931. He further deposed that these lands were not under cultivation during their regime, and were left out as grazing poramboke; and the said lands were sold to several individuals, by way of registered documents, for the extents noted against each. A list of 28 such individuals was furnished. The Forest Settlement Officer addressed a letter to the Tehsildar, Chintalapudi requesting him to furnish the names and addresses of the present owners of the land. The Tehsildar is said to have furnished a list of the names of land owners in R.S.No.537/2, 3 and4 of Bhogolu village of Chintalapudi Taluq. The said persons, 28 in number, are said to have submitted petitions requesting the Forest Settlement Officer to settle the claim already preferred by the original pattedars Sri Inuganti Rama Krishna Ranga Rao and others from whom they claimed to have purchased the land.

4. In this letter dated 18-12-1984, addressed to the Secretary to the Government, the Forest Settlement Officer states that he had requested the Divisional Forest Officer, Eluru, vide letter dated 10-8-1981 duly enclosing the claim petitions in Bhogolu Forest Block, to file his counter, if any, on the claim of the parties over the land; no counter was filed by the Divisional Forest Officer, Eluru; subsequently notices were issued to the 28 individuals to attend the enquiry with all documentary evidence to prove their right over the land; 24 claimants had attended the enquiry on 18-10-1984, 20-10-1984 and 21-10-1984 at Eluru; they filed documents in support of their claim on 20-10-1984; on further notice, the remaining four claimants had attended the enquiry on 7-11-1984; during the enquiry all the claimants had given similar individual statements; they deposed that they had purchased the land from Smt. Inuganti Rajyalakshmamma, Sri Inuganti Rama Krishna Ranga Rao and Sri Inuganti Papa Rao all of whom held zamindari pattas they were paying cist for the lands purchased by them; sub-division was effected by the revenue department; different extents of land were handed over to the concerned individuals; patta pass book was given to them by the revenue department; the Forest Department Officials had prevented them fro