IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 16247 of 2008 Between: D. Murali babu S/o Venkataiah R/o Kantepalli (Vil), Venkatachalam mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore 2 The Tahsildar, Venkatachalam mandal, Venkatachalam, Nellore District. 3 The District Manager, A.P.s. Housing Corporation Limited, Nellore District, Nellore. 4 The Divisional Forest Officer, Nellore. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandmaus declarign the actionof the respondents 1 to 3 in starting construction of the houses under Indiramma Housing Programme in the Forest land situted in Sy. No. 287 extent Ac. 232.68 cents o f Kantepalli (Vil) , Venkatachalam Mandal, nellore District is arbtirary, illegal, without jurisdiction and also in violation of the statutory provisions of A.P. forest Act, 1967 Indian Forest Act, 1927 and the Forest (Conservation) act 1980 and consequently direct the respondent s1 to 3 not to construct the houses under Indiramma Housing Programme in the said Forest land and pass such other order or orders inthe interest of justice. Counsel for the Petitioner:MR.CH.CKRISHNA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) This is a public interest litigation. In the petition it has been alleged that the land bearing Sy.No. 287 is a forest land and yet the said land is being allotted for construction of houses under Indiramma Housing Programme. In pursuance of the notice issued by this Court, learned Government Pleader has appeared and has submitted that land bearing Sy.No. 287, admeasuring Ac.232-68 cents is not a forest land, but simply because some trees have naturally grown on the said land, it is wrongly described as forest land. In fact, the land does not belong to forest department and it is not a part of any notified forest. In view of the above statement supported by an aﬃdavit ﬁled by the Tahsildar, Venkatachalam Mandal, we do not see any substance in the petition, more particularly when respondent No.3-Housing Board has already constructed some houses on the land in question. The petition is therefore, rejected with no order as to costs. ______________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 10th September, 2008. GRR