THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.6502 OF 2008 Dated 7th July, 2010 Between: Kond Koteswarao and 16 others …Petitioners And The Government of Andhra Pradesh and two others …Respondents Counsel for the petitioners : Sri V.Raghu Counsel for the respondents: G.P for Forests The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside orders dated 15.02.2008 passed by respondent No.3, whereby he has ordered for the petitioners’ eviction from the forest lands in their occupation. At the hearing, Sri V.Raghu, learned counsel for the petitioners, submitted that before passing the impugned orders, respondent No.3 has not issued a notice and opportunity of hearing as provided under the proviso to sub-section (3) of Section 20 of the Andhra Pradesh Forest Act, 1967 (for short “the Act”). In the counter-affidavit filed by respondent No.3, it is stated that the petitioners were afforded an opportunity of seven days. The learned Government Pleader for Forests fairly conceded that the notice of seven days referred to in the counter-affidavit is referable to the time given by respondent No.3 for vacating the forest land. In my opinion, respondent No.3 has thoroughly misunderstood the provisions of the proviso to Section 20(3) of the Act, which envisage a prior notice before passing an order of eviction. As respondent No.3 admittedly failed to issue such a notice, which is mandatory under the above provision, the impugned orders cannot be sustained in law and they are accordingly quashed. This order, however, does not prevent respondent No.3 from initiating fresh action and passing appropriate orders after giving prior notices to the petitioners and considering the explanations, if any, submitted by them before passing the orders of eviction. The writ petition is accordingly allowed. As a sequel to disposal of main petition, WPMP No.8490 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 7th July, 2010 vrn