IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 8431 of 2004 Between: K. Shobhan Rao, S/o K. Prakash Rao, R/o Indhanpalli Village, Jannaran Mandal, Adilabad District. ..... PETITIONER AND 1 The District Collector, Adilabad District, Adilabad. 2 The Divisional Forest Officer, Jannaram Mandal, Adilabad District. 3 The Forest Range Office, Jannaram Mandal, Adilabad District. 4 The Mandal Revenue Officer, Jannaram Mandal, Adilabad District. .....RESPONDENTS 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 any writ, order or direction more particularly one in the nature of Writ of Mandmaus declaring the action of the respondents in restraining the petitioner as well as the villagers of pankal village, Jannaram Mandal, Adilabad District in using the cart track/Kacha Road situated in Sy. Nos. 100,107,125,131 etc leading from puttiguda, Hamlet of Panakal Village of Jannaram Mandal, Adilabad District to Godavari river is illegal arbitrary and direct the respondents to permit the petitioner as well as the village to use the said cart track/Kacha Road and to pass Counsel for the Petitioner: MR.J.VENKATESWARA REDDY Counsel for the Respondent No.: GP FOR FORESTS The Court made the following: ORAL ORDER: The petitioner is aggrieved that the respondents are restraining the petitioner and other villagers of Pankal village, Jannaram mandal, Adilabad district from using the cart track/Kacha road in survey Nos. 100, 107, 125, 131 etc., leading from Puttiguda, Hamlet of Pankal village of Jannaram mandal, Adilabad district to Godavari river. The petitioner is a resident of Indhanpalli village, neighbouring Pankal village. The later village is on the banks of river Godavari. There is a kacha road from Pankal village to the Godavari river which is being used by the residents of this village for long for the purpose of transportation of agricultural produce and drinking water. Further, according to the petitioner the said Kacha road is also the approach road to Karimnagar district. The width of the road is about 33’ at the point in survey No. 144 and about 20’ at the point in survey No. 100 and 107. It is further pleaded that initially the lands in survey Nos. 114, 121, 125 and 131 etc., were private lands but these were purchased by ACC Cement Factory a decade ago from the pattedars and were surrendered to forest department. Since this event also there is no objection from the forest department for using the road. The petitioner successfully participated in sand auction during 2003-04. The first respondent permitted the petitioner to quarry the sand on the bank of Godavari river. As the petitioner’s activity of transporting the sand through lorries and carts on the Kacha road is being interfered with, the writ petition is filed. The second respondent has filed a counter affidavit stating that the petitioner had laid a road unauthorizedly through the reserve forest for transportation of sand from the Godavari river. The reserve forest is the habitat of wild life and a buffer zone of Kawal Wildlife Sanctuary. Fast moving vehicles cannot be permitted on the unauthorized road as it would destroy the habitat in the sanctuary and disturb the wild life. According to this counter, the road utilized by the villagers of Pankal is different from the road being utilized by the petitioner for transportation of sand. The petitioner has no right of way to the Godavari river through the reserve forest nor does he have the right to lay a road through a reserve forest. According to this counter, the petitioner had unauthorizedly laid a road not in survey Nos. 106 and 107 but through the reserve forest. The second respondent also states that not only has the petitioner and other sand lessees unauthorizedly laid a road through the reserve forest but were plying sand laden vehicles day and night on account of which the wild life habitat and serenity of the forest area is disturbed. In the circumstances the movement of the vehicles was stopped. The counter states that the villagers were never prevented from passing on the road nor using the pathway formed for normal operations of the villagers of Ponakal and Jannaram. The averments in the counter affidavit dated 26-06-2004 have not been denied by the petitioner. In the circumstances as the petitioner is seen to have not made out any cas for grant of relief. The petitioner has no legal right to form a road through a reserve forest to and use the same for transporting the sand through lorries and other motor vehicles thereby disturbing the serenity and habitat of wild life. On the analysis above, the writ petition is misconceived and is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 21-04-2008