Administrative inaction in granting permissions based on pending investigations into third parties is arbitrary if the specific property involved is not legally attached or restricted by a court or government order.

(Special Original Jurisdiction)

The Court made the following Order:

This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of mandamus, declaring action of respondents especially the respondent No.4 herein in not granting permission for felling and transporting of 10 teak wood trees and 2 red sandal wood trees situated in petitioner's agricultural land admeasuring Ac.5.00 cents in Sy.No.527/ 1 of Godiganuru Revenue Village, Chagalamarri Mandal, Nandyal District, Andhra Pradesh, in spite of complying all the requirements stipulated by the respondent authorities, and recommendation of the respondent No.5 herein, as the same is arbitrary, illegal and unconstitutional and against the well settled principles of natural justice, and consequentially, direct the respondents to grant permission to the petitioner for felling and transport of 10 Teak Wood Trees and 2 red sandal wood trees situated in petitioner’s agricultural land admeasuring Ac.5.00 cents in Sy No.527/ 1 of Godiganuru Revenue Village, Chagalamarri Mandal, Nandyal District, Andhra Pradesh, and pass such other order or orders which this Court deems fit in the interest of justice.

02. The case of the petitioner, briefly stated, is as follows:-

The petitioner is the possessor and enjoyer of the agricultural land of Ac.5.00 cents situated in Sy.No.527/1 of Godiganuru Revenue village, Chagalamarri mandal, Nandyal District, Andhra Pradesh, having acquired the same by inheritance. Her name was mutated in the revenue accounts in respect of the said land by duly following the process of law. Pattadar pass book was also issued for khata No.172. The family of the petitioner planted teak saplings in this land. The plantation grew up and ready for harvesting. The petitioner approached the concerned authorities of the forest and revenue departments, including the respondents Nos.4 and 5, seeking permission to fell the trees in this land by submitting proper application by complying the requirements. After thorough examination of the application, the respondent No.5 issued proceedings vide Rc.B.561/2025, dated 16.06.2025 recommending and granting permission to fell the teak wood trees situated in the aforesaid land and to convert them into teak wood. Though the petitioner approached the respondent No.4 several times seeking permission in pursuance of the aforesaid recommendation of the respondent No.5, no permit has been granted. The petitioner secured information that the respondent No.4 had addressed a letter dated 25.09.2025 to the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa, seeking clarification regarding issuance of permission to fell the trees to the petitioner, as there was a case instituted by A.C.B. authorities against the husband of the petitioner with regard to the disproportionate assets. As per the Government order issued under G.O.Ms.No.8, Revenue (Vigilance-II) Department, dated 07.01.2021, this land was not attached by the Government. Therefore, there is no obstacle to grant permission to the petitioner. As such, the inaction of the respondents is arbitrary and illegal. Hence this petition was filed.

03. The learned Assistant Government Pleader for Revenue placed on record a copy of the written instructions of the Tahsildar (FAC), Chagalamarri mandal, Nandyal District / respondent No.5 wherein it is stated that the petitioner had submitted an application seeking permission as aforesaid; that the respondent No.5 had verified the revenue records and found that the land to an extent of Ac.5.00 acres in S.No.527 / 1 is recorded in the name of the petitioner with khata number 172 and after enquiring the matter, the Village Revenue Officer, Godigenur and the Mandal Revenue Inspector, Chagalamarri requested to giv