THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.7684 of 2008 ORDER: Heard the learned counsel for the petitioners and the learned Government Pleaders for Forest and Revenue appearing for the respondents. It is the case of the petitioners that they were assigned the land to an extent of Ac.2.20 gts. each in Sy.No.192 of Kupkal village of Bheemgal Mandal, Nizamabad District, in the year 1996, and thereafter, on the recommendation made by the 4th respondent-Mandal Revenue Officer, Bheemgal, the 5th respondent-Assistant Director of Survey and Land Records, Nizamabad, conducted survey of the said land and prepared sethwar, and they were put in possession of the said in the year 1997. It is the further case of the petitioners that since the date of delivery of possession of the land in their favour, they have been in continuous possession and enjoyment of the same. Petitioner contends that in the year 2008, the 3rd respondent-Divisional Forest Range Officer, Kammarpally, without issuing any notice and without any authority of law, inspected their lands and attempted to dispossess them from their lands alleging that the land cultivated by them is part of forest land as notified under law. The grievance of the petitioners is that the respondents are threatening to dispossess them from their lands, which was assigned to them vide patta certificate bearing Nos.C/927/1996, without following due procedure under law. Hence, this writ petition. In the counter affidavit filed by the respondents, it is stated that the lands occupied by the petitioners is the forest land and the 3rd respondent, without consulting the forest officials as to whether the land in question is reserved forest or not, has simply issued illegal pattas in favour of the petitioners, which is against the provisions of the A.P.Forest Act, 1967 and Forest Conservation Act, 1980. It is further stated that to know as to whether the subject land forms part of Reserve Forest or not, the remedy is to conduct a joint survey with revenue and Survey & Land records departments. In the facts and circumstances of the case, the writ petition is disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of their lands in Sy.No.192 of Kupkal village, Bheemgal Mandal, Nizamabad District, without following due process of law. However, the Forest Department is at liberty to ask for conducting a joint survey in the presence of the petitioners for the purpose of identifying as to whether the subject land falls into the Reserve Forest area or not. _____________ C.V.RAMULU,J 07.12.2010 Note: Issue CC in one week. v v