THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26732 of 2009 Date:22.12.2009 Between: Smt. Sunkara Venkata Lakshmi and others. ..Petitioners and The State of Andhra Pradesh and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26732 of 2009 ORDER: The petitioners claim to be the owners of the land in survey No.137/5 of Kommadi Village, Chinnagadili Mandal, Visakhapatnam District. Their grievance is that the officials of the Forest Department of Visakhapatnam District are trying to interfere with their possession on the assumption that the land is notified as a forest. The petitioners have filed sketches of the land that is notified under Section 4 of the Andhra Pradesh Forest Act, 1967 (‘the Act’ for short), and submits that survey No.137 is mentioned as a boundary and the same is not at all part of the notified area. Reference is also made to a legal notice dated 08.04.2009 got issued by the petitioners. Heard the learned counsel for the petitioners and the learned Government Pleader for Forests. It is not in dispute that the notification under Section 4 of the Act was issued way back in the year 1970 proposing to constitute vast extents of land in different villages including Kommadi Village as reserve forest. The proceedings are said to be still pending. The Forest Settlement Officer, second respondent herein, is conferred with the power to adjudicate various claims in relation to the notified area. Whether or not survey No.137 and in particular, sub-division 5 thereof is part of the land notified under Section 4 of the Act can be effectively determined only by the second respondent. Since the petitioners entertain a doubt in this regard, they have to submit an application seeking necessary such relief. The High Court cannot record any finding on such disputed question of fact, in a writ petition. Therefore, the Writ Petition is disposed of leaving it open to the petitioners to submit an application before the second respondent claiming necessary reliefs. As and when such application is filed, the second respondent shall pass appropriate orders thereon within a period of six weeks from the date of presentation of such application after giving opportunity to the affected parties. Status quo obtaining as on today shall be maintained till then, by both the parties. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 22nd December, 2009 GHN