THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 28711 of 2008 Date: 12.7.2010 Between: Kattam Gangaiah and others. ..... PETITIONERS AND Union of India and others. .....RESPONDENTS Counsel for the Petitioners : Sri Nagesh Bheemapaka Counsel for the Respondent Nos.1 and 3: None Counsel for the Respondent Nos.2,4 and 5: A.G.P. for Forests The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 28711 of 2008 Order: This writ petition is filed alleging that the petitioners are in occupation of forest lands and that in spite of granting pattas under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the respondents have been preventing the petitioners from enjoying the lands in their occupation. In the counter affidavit filed by Sri D. Shafiulla, Divisional Forest Officer, Bhadrachalam (South), it is inter alia stated that the claim of the petitioners that they are the residents of Manchipuram Village is incorrect. He has stated that the Certificate furnished by the Tahsildar, Kunavaram says that no village with the name of Manchipuram in Chuchirevulagudem Panchayat is in existence. He has further averred that at no point of time, that the petitioners are in possession of the ‘Reserve Forest’ and that in order to establish a claim for the first time by obtaining an order from this Court, the petitioners filed the present writ petition. A perusal of the material available on record shows that the petitioners except claiming that they are the residents of the above mentioned village and that they are in possession of ‘Reserve Forest’, have not filed any material in support thereof. At the hearing, Sri Nagesh Bheempaka, learned counsel for the petitioners submitted that in spite of his best efforts, he is unable to secure the material in support of the petitioners’ averments that they are the residents of the above mentioned village and that they are in possession of ‘Reserve Forest’. He further submitted that the petitioners may be permitted to approach respondent No.4 with relevant material in support of their claims. In view of the above submission, the writ petition is disposed of with liberty to the petitioners to approach respondent No.4 by way of appropriate representation with relevant material. On receipt of the representation from the petitioners, respondent No.4 shall consider and dispose of the same in accordance with the provisions of the Act and communicate the orders to the petitioners immediately thereafter. As a sequel to disposal of main petition, W.V.M.P. No. 1226 of 2009 and W.P.M.P. No. 37584 of 2008 are disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 12th July, 2010 pnb