THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 11853 OF 2008 Dated 7th July, 2010 Between: Thalacheri Chenchamma and another …Petitioners And The Chief Conservator of Forests and two others …Respondents Counsel for the petitioners : Smt A.Bala Bharathi Counsel for the respondents: G.P for Forests The Court made the following ORDER: In this writ petition, the grievance of the petitioners is that respondent No.2 is seeking to dispossess them from land admeasuring Acs.4.00 in Survey No.207 of Katrayapadu Village, Dagdarthi Mandal, Nellore District, without issuing notice and an opportunity. In a detailed counter-affidavit filed by respondent No.2, it is, inter alia, stated that the land in question is part of forest land and therefore, the petitioners cannot be allowed to be in possession of the same. Under Section 20(3) of the Andhra Pradesh Forest Act, 1967 (for short “the Act”), if the Forest Range Officer is of the opinion that any person has been contravening the provisions of sub-clause (iii) or sub-clause (vii) of clause (c) of sub-section (1) of Section 20, he is entitled to evict the person. However under the proviso of the said provision, before taking any such action, the Officer concerned shall give an opportunity to the person affected to make his representation against the proposed action. In the instant case, respondent No.2 has not followed any such procedure. Therefore, the writ petition is allowed. Respondents 1 and 2 are restrained from interfering with the petitioners’ possession and occupation of the land without following the procedure envisaged under Section 20 (3) of the Act. As a sequel to disposal of main petition, WPMP No.15288 of 2008 and WVMP No.3727 of 2008 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 7th July, 2010 vrn