APHC010718342022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Tuesday, the Twenty Fourth day of March Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 42387 of 2022 Between:

Sandra Prasad Naidu and another ...Petitioners and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioners:

1. K. Mohan Rami Reddy Counsel for the respondents:

1. G.P. for Revenue

2. Ms. Baliboyina Sravani, A.G.P. for Forests The Court made the following:

ORDER

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.2 to 4 herein in interfering with the private patta lands of the petitioners i.e., lands in Sy.No.275/4 to an extent of Ac.1-65 cents, Sy.No.275/2B to an extent of Ac.0-82 cents, Sy.No.275/4A to an extent of Ac.1-22 cents, Sy.No.275/2C1 to an extent of Ac.0-48 cents, Sy.No.275/2A to an extent of Ac.0-82 cents situated at Kasaram Village, Thottambedu Mandal, Chittoor District (now Tirupati District), by not allowing them to cut the Eucalyptus trees existing in the lands, in spite of the permission granted by the respondent No.5 herein vide proceedings Roc.A/41 /2020 dated 12.09.2022 as illegal, arbitrary and opposed to the established principles of law and further in violation of right to property guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents Nos.2 to 4 herein to not to interfere with the subject lands of these petitioners and pass.…”

2. The case of the petitioners is briefly stated as follows:

a. The petitioners are the absolute owners and possessors of land in Sy.No.275/4 to an extent of Ac.1-65 cents, Sy.No.275/2B to an extent of Ac.0-82 cents, Sy.No.275/4A to an extent of Ac.1-22 cents, Sy.No.275/2C1 to an extent of Ac.0-48 cents, Sy.No.275/2A to an extent of Ac.0-82 cents situated at Kasaram Village, Thottambedu Mandal, Chittoor District (now Tirupati District). The total extent of land is Ac.4.99 cents. Originally, the subject lands are the government lands and the petitioners were given the subject lands vide DKT Patta Nos.9214/1406 and 9314/1406 in the year 1996 and pattadar pass books were also issued in favour of the petitioners vide patta Nos.1295 and 1014 respectively. The names of the petitioners were mutated in the revenue records and 1-B adangals are issued to the petitioners.

b. From the date of grant of pattas the petitioners are in peaceful possession and enjoyment of the subject lands by raising Eucalyptus trees in the said lands. Now the trees are ripe for cutting. As such, the petitioners made an application dated 18.08.2022 to the respondent No.5 herein seeking permission to cut the Eucalyptus trees in the subject lands. The respondent No.5 / Tahsildar, Thottambedu Mandal, issued proceedings dated 12.09.2022 vide Roc.A/41 /2020 granting permission for cutting and transportation of Eucalyptus trees.

c. While the matter stood thus, when the petitioners approached their lands and started cutting the Eucalyptus trees, the respondent No.4 / Divisional Forest Officer, East Wildlife Division, Chittoor, along with his office personnel obstructed the petitioners. The petitioners immediately showed the copies of their DKT pattas, pattadar passbooks, 1-B adangal and the permission accorded by the respondent No.5 to the respondent authorities, but the respondent No.4 refused to heed to the request of the petitioners and demanded to stop the cutting or else threatened to implicate the petitioners in false and frivolous cases.

d. Hence, the writ petition was filed.

3. The respondent No.4 filed counter affidavit briefly stating as follows:

a. Madhu Naidu submitted representation dated 18.08.2022 and the respondent No.5 granted permission for cutting and transportation of Eucalyptus trees in the subject land v