HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.33750 of 2010 Date : 28-9-2011 Between: G. Rajeshwar Goud and another .. Petitioners and The Government of Andhra Pradesh, Represented by its Principal Secretary, Forest Department, Hyderabad and others .. Respondents Counsel for petitioner : Sri Kuriti Bhaskara Rao Counsel for respondents : Assistant Government Pleader for Forests The Court made the following: ORDER: This Writ Petition is filed by the petitioners with a two fold grievance, namely, that the officials of the Forest Department have seized the Poclainer Hitachi Ex.60 Excavator and earth moving equipment of petitioner No.1 and lorry bearing No.AP 25 W 1707 of petitioner No.2, when they were deployed in connection with the levelling of land admeasuring Ac.15-00 in Sy.Nos.50/Vo.2, 51/1AA and 52/1AA of Singampally village, Makloor Mandal, Nizamabad District and that the forest officials have been interfering with the peaceful possession and enjoyment of the said land owned by petitioner No.1. As regards the first grievance, this court by order dated 6-1-2011 directed release of the seized equipment and the vehicle. It is stated in the counter-affidavit that in compliance with the said order, the seized equipment and the vehicle were released to the petitioners. Therefore, the first of the grievance of the petitioners stands redressed. As regards the grievance of the petitioners that the respondents have been interfering with peaceful possession and enjoyment of the above mentioned land, it is inter alia stated in the counter-affidavit that to the extent of 0.256 Ha. of the land which is sought to be used by the petitioners, falls in the reserve forest adjacent to the patta land of petitioner No.1 in Sy.Nos.50/VV/02, 51/1A and 52/AA. The learned counsel for the petitioners, while disputing this plea of the respondents stated that in order to identify and demarcate the boundaries of the land of petitioner No.1, he has filed an application before the Revenue Divisional Officer, Nizamabad for survey and demarcation. Inasmuch as there is a serious dispute regarding the question whether the said land of 0.256 Ha. is in the reserve forest area or not, the same can be resolved only after a survey is held and the boundaries demarcated. Therefore, petitioner No.1 is permitted to pursue the application filed by him in this regard before the Revenue Divisional Officer, Nizamabad and avail appropriate remedy in the event he is not successful in his request for getting the survey conducted. Subject to the above observations, the Writ Petition is disposed of. As a sequel, WPMP No.42761/2010 and WVMP No.1693/2011 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 28-9-2011 AM