ORDER:

This Writ Petition is filed for the following reliefs:

i) For holding that the action of the 2nd respondent in not registering the fours sale deeds dated 21.03.2009 (covered by Document in P.91, 96, 97 and 98 of 2009 in respect of 111.03 Acres comprised in Survey No.86 of Nave Pothavaram village in Ibrahimpatnam Mandalam in Krishna District as illegal, void and inoperative and to direct the 2nd respondent to release the same duly registered;

ii) Further to declare that land in an extent of Acres 111.03 cents covered by R.S.No.86 situated in Navi Pothavaram village in Ibrahimpatnam Mandalam in Krishna District not having been notified as forest land in terms of Section 4 of the A.P. Forest Act, cannot be declared as Forest area, and accordingly, interdict the respondents from interfering with possession and enjoyment of the petitioners over the said extent of land and;

iii) To declare the order of the Principal Chief Conservator of Forest, Hyderabad, i.e., the 4th respondent herein, issued in Rc.No.3495/2009-J1, dt.16.03.2009, as illegal, void, inoperative and set aside the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

2. This Court has heard Sri P. Sri Raghuram, Learned Senior Counsel appearing for the petitioner, Sri Sasi Bhushan Rao, learned counsel assisting the learned Additional Advocate General, learned Government Pleader for Revenue and the learned Government Pleader for Forest.

3. This is a case with a long and chequered history. The dispute pertains to land of an extent of Ac.111.03 cents in R.S.No.86 of Nave Pothavaram village in Ibrahimpatnam Mandalam. The petitioners assert their title to this land and the respondent State has also staked its claim to the same land and claims that it is a part of a notified Forest.

4. According to the learned senior counsel, this land was initially part of the Zamindari of Valluru Estate and a rough patta was issued in favor of the Zamindar in 1928 itself.

The said extent was in the enjoyment of the Zamindar as his private land and he sold the same by a registered sale deed dated 07.08.1962. The purchasers were in possession and thereafter the present set of petitioners have purchased the land under four sale deeds dated 21.03.2009. When these documents were presented for registration, the Sub- Registrar did not register the same on the ground that there is a dispute pending with regard to the land. Therefore, one prayer in the Writ Petition is for registration and release of these documents. He submits that this extent is private land separately assessed to tax that it was not part of the zamindari estate and did not vest in the Government after the Estate Abolition Act.

5. In addition, learned senior counsel submits that even earlier when the Forest Department had made a claim on the land, W.P.No.26471 of 1976 was filed for joint survey of the land measuring Ac.111-03 cents situated in old Sy.No.74 and 75 (New Survey No.86) of Navepothavaram. This Writ Petition was dismissed by an order dated 26.04.1977. Against the same, Writ Appeal No.1324 of 1997 was filed. During the course of hearing the Division Bench realized that the representation given by the petitioner was pending before the authorities. Therefore, the Writ Appeal was disposed of directing the petitioners to make a detailed representation, which was to be dealt with by the Divisional Forest Officer on merits. Accordingly, the petitioners in that case made a representation which was rejected on the ground that the Forest Department is not the competent authority to survey the land and that the petitioners’ request to conduct survey does not deserve any consideration.

6. Learned senior counsel submits that a perusal of the entire record would show that even as on date a final Notification under Section 15 of the A.P. Forest Act, 1967 is not issu