At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.

This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in interfering with the petitioner’s possession over the land admeasuring Acs.13-20 cents in R.S.No.182 of Gullapudi Village, Musunoor Mandal, Krishna District, as illegal and arbitrary.

In his affidavit, the petitioner stated that his father late Paramanandam was inducted into possession of the land admeasuring Acs.17-50 cents in Old Survey No.182 in Gullapudi Village, Musunoor Mandal, Krishna District, on payment of rent @ Rs.0-8-0 Anas per acre by the then Mirzapur Zamindar; that on payment of an amount of Rs.875/- in total as nazarana, a patta was granted in favour of his father vide patta No.466, dated 07-07-1946; that the entire land is a single block and was full of shrubs and jungle growth; and that his father had made the said land fit for cultivation and continued to cultivate the same till his death in the year 1986. The petitioner further averred that after abolition of estates under the Estates Abolition Act, 1948 (for short ‘the 1948 Act’), a survey was held by the officials and sub-division was made, as per which, the old Survey number 182 was divided into Survey Nos.183 and 184 comprising Acs.4-30 cents; that inadvertently, an extent of Acs.13-20 cents was included in R.S.No.182; and that the same was described as Forest land. The petitioner further submitted that RS.No.182 comprised a total extent of Acs.553-05 cents; that the same was classified as Adavi (Forest); that the settlement authorities, during the Survey and settlements, recognized the possession of the petitioner’s father over an extent of Acs.4-30 cents in R.S.Nos.183 and 184; and that on a wrong premise, the remaining extent of Acs.13-20 cents was included in the adjoining R.S.No.182 treating the same as forest land. The petitioner further averred that, after abolition of estates, he has applied for patta under Section 11 of the 1948 Act; that the settlement officer has rejected the said application, which order was confirmed in appeal; that the petitioner has challenged the said order in WP.No.4925 of 2005 wherein an order of status quo was granted; that on 02-05-2011, respondent No.3 along with his staff has removed some of the plants, which are six months to one year old, without any notice; that the petitioner has requested respondent No.3 not to interfere with his possession of the property in view of pendency of the Writ Petition before this Court; that respondent No.3 and his staff left that place on that day; and that they again came to the said land on 06-05-2005 and 08-05-2005 and tried to remove the mango sapplings and other plants, which was resisted by the petitioner. The petitioner has, accordingly, questioned the interference of respondent No.3 and her staff with his possession of the subject land.

This Court, by Order, dated 11-05-2011, granted an order of status quo for a limited period and the same was extended until further orders by order, dated 20-06-2011.

Respondent No.2- the Divisional Forest Officer, Krishna Division, filed a detailed counter-affidavit wherein he has averred that the land in R.S.No.182 of Gullapudi Village was classified as Forest in Revenue records; that the same was notified as such under Section 4 of the Andhra Pradesh Forest Act, 1967, vide G.O.Ms.No.795 F & A (For.III) Department, dated 19-04-1969, by including the same in Lopudi Forest Block admeasuring Acs.1072.00 cents; that the petitioner and his son trespassed into the undivided forest land situated in R.S.No.182 and removed the Biodiesel plantation; that a criminal case was registered against them in Musunoor police station by respondent No.3; and that respondent No.2 has issued prosecution order on 11-04-2011.

Respondent No.3 has termed patta No.466, dated 07-07-1946, allegedly, issued by the then Mirzapur Jamindari