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2023 Supreme(Online)(AP) 833

HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 2808 OF 2022 Between:

1. S.VENKATARAMA NAIDU S/o. Late Sri. S.Srinivasulu Naidu, aged about

75 years.

2. Sri. S.Purushotham Naidu, S/o. Late Sri. S.Srinivasulu Naidu, aged about

75 years.

(Both are R/o. Kondrajupalli Village, Kondrajupalii Kasaram, Thottambedu Mandal, Chittoor District)

...PETITIONER(S)

AND:

1. THE STATE OF ANDHRA PRADESH Rep. by Principal Secretary (Forest Department), Secretariat Building, Veigapudi, Guntur District.

3. The Principal Chief Conservator of Forest Aranya Bhavan, KM Munshi Road, Nagarampalem, Guntur, AP. 522004.

4. The Chief Conservator of Forest WLM Tirupati Circle, Tirupati.

5. The Tahsildar Thottambedu Mandal, Chittoor District.

6. The Divisional Forest Officer East Wildlife Division, Chittoor, AP.

7. G.Vijaya Kumar S/o. G.Hajarathaiah, R/o. D.No. 7/135, Mittapally, Guduru, SPSR Nellore District.

...RESPONDENTS Counsel for the Petitioner(s): K PALLAVI Counsel for the Respondents: GP FOR FORESTS The Court made the following: ORDER THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION Nos.2801 & 2808 of 2022

COMMON ORDER:

Assailing the action of the respondents 1 to 5 in not taking any action on the 6th respondent for his illegal cutting and transportation of 19 (Nineteen) red sandalwood trees of the petitioner (in WP.No.2801 of 2022) in Sy.No.272/4 of Kondrajupalli (V) of Thottambedu (M) of Chittoor District and 2 (two) red sandalwood trees of the petitioners (in WP.No.2808 of 2022) in Sy.No.272/6 of Kondrajupalli (V) of Thottambedu (M) of Chittoor District, which are now kept in storing point in Sy.No.323-3 of Kondrajupalli (V), Thottambedu (M), Chittoor District by the 6th respondent inspite of the representation of the petitioners dated 11.01.2022, as illegal and arbitrary and consequently to direct the respondents 1 to 5 to take action on the representation of the petitioners against the 6th respondent, the present writ petitions came to be filed.

2. Heard learned counsel for the petitioners. Also heard learned Assistant Government Pleaders for Revenue, Forests, Home appearing for the official respondents and Sri V.V. Satish, learned counsel appearing for the 6th respondent and Ms. Manchala Umadevi, learned counsel appearing for respondents 7 & 8.

3. Since the case of the petitioners and respondents in both the writ petitions and the issue involved in the writ petitions are one and the same, both the writ petitions were heard together and are being disposed of by this common order.

4. The brief facts of the case are that the grandfather of the petitioners by name S. Vengama Naidu was the absolute owner and possessor of the land an extent of Ac.8.73 cents situated in Sy.No.272 of Kondrajupalli Village, Thottambedu Mandal, Chittoor District. S. Vengama Naidu had three sons namely (1) S. Srinivasulu Naidu, (2) S. Chengama Naidu and (3) S. Rama Naidu and three daughters. Vengama Naidu divided his property between his three sons and three daughters. He gave land extent Ac.0.17 cents each to his daughters and land extent Ac.2.74 cents each to his sons. First son of Vengama Naidu, i.e., S. Srinivasulu Naidu, had four sons (1) S. Ramakrishnama Naidu (died); (2) S. Gopal Naidu, (3) S. Venkatrama Naidu and (4) S. Purushotham Naidu (S. Venkatrama Naidu and S. Purushotham Naidu are the petitioners in WP.No.2808 of 2022). Second son of Vengama Naidu, i.e., S. Chengama Naidu had only son S. Babu Naidu. Third son S. Rama Naidu also had only son S. Prabhakar Naidu (petitioner in WP.No.2801 of 2022).

5. After the demise of the fathers of the petitioners i.e., S.

Srinivasulu Naidu and S. Rama Naidu, respectively, the property devolved upon the petitioners. Petitioner in WP.No.2801 of 2022 was duly issued a pattadar passbook in respect of land extent Ac.2.74 cents in Sy.No.272/4 in his name. Insofar as land extent Ac.2.74 cents in Sy.No.272/6, the property still stands in the name of father of the petitioners in WP.No.2808 of 2022.

6. As per the averments of the counter filed by the 4th respondent – Tahsildar, Thottambedu Mandal, as per fair adangal of Kasaram Revenue Village, Thottambedu Mandal, land extent Ac.8.26 cents in Sy.No.272, originally stood in the name of Srinivasulu Naidu, S/o.Vengama Naidu, was classified as Government dry lands. As per FMB, the land in Sy.No.272 was not sub divided and as per webland adangal, thereafter the land in Sy.No.272 was sub divided as per the enjoyment and possession of the pattadaras and as per the registration records produced before the Tahsildar, Thottambedu entered from Sy.No.272/1 to 272/6. Accordingly, the sub divisions from Sy.No.272/1 to 272/6 different pattadars are in their enjoyment. On verification of revenue records, it is found that the land extent Ac.2.74 cents in Survey No.272 stands in the name of S. Babu Naidu, S/o.Chengama Naidu as pattadar and also issued pattadar pass book vide khatha No.25 of Kasaram Village, Thottambedu Mandal by the then Tahsildar, Thottambedu and the adangal in respect of the land extent of Ac.2.74 cents in Sy.No.272/2 stands in the name of S. Babu Naidu, S/o.Chengama

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