IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No. 11877 of 2005 Between: Nuzendla Weaker Section Sangam Ramudupalem Village, Nuzendla Mandal Vinukonda Tq. Guntur District, rep. by its President Bonam Chinna Balaiah. ..... PETITIONER AND 1 The Divisional forest Officer, Guntur. 2 The Conservator of Forests, Guntur. 3 The Divisional Range Officer, Vinukonda Range, Vinukonda, Guntur 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 writ of order direction more particularly one in the nature of writ of Mandamus " declaring the action by the respondents in not allowing the members of the petitioners sangham to the fields and attempting to cut the crop by the respondents as illegal, arbitrary and without authority of law and contrary to the scheme evolved in G.O.Ms.No. 445 dt. 21.10.986 and further declare that the petitioners are entitled to monthly wages of Rs. 300/- and 50% share in the final harvest as per the said G.O and further declare that the petitioners society is entitled to cut the crop to the extent of 50% crop in the 25 hectares situated at Ramudupalem village, Vinukonda Tq, Guntur District and pass such other order or orders. Counsel for the Petitioner:MR.B.LINGAYYA CHOWDARY Counsel for the Respondent No.: GP FOR FORESTS THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11877 of 2005 ORDER: In this writ petition, the petitioner-Society seeks a direction by way of mandamus to declare the action of the respondents in not allowing its members to enter into the fields and to cut the crop as illegal and arbitrary and further, to direct that the members of the petitioner-Society are entitled to 50% share in the final harvest and also monthly wages at Rs.300/- per family. It is the case of the petitioner-Society that the Government, with a view to reforestation of the degraded forests, formulated a scheme and an extent of 25 hectares of forest land was given possession to its members identifying them as beneficiaries and they developed the forest land by planting trees. Their grievance is that the respondents are not allowing them to enter into the fields and cut the crop contrary to the terms notified in G.O.Ms.No.445 dated 21.10.1986. There is no representation either on behalf of the petitioner- Society or on behalf of the respondents. In the counter affidavit filed by the respondents, it is stated that after maturity of the plantations, they were sold and 50% of the sale amount was distributed among the beneficiaries on humanitarian grounds. It is further stated that as per the conditions laid down in G.O.Ms.No.445 dated 21.10.1986, the beneficiaries had to plant, maintain and protect the fuel wood plantations to receive monthly wages for watch and ward at Rs.300/-, but, in the instant case, no family has taken care of watch and ward of the plantations and, therefore, question of payment of wages at Rs.300/- p.m. does not arise. No reply affidavit is filed by the petitioner-Society controverting the averments made in the counter affidavit. In as much as the respondents had stated in the counter affidavit that 50% of the sale amount, derived from the plantations, was distributed among the beneficiaries, the relief sought for to that extent has become infructuous. Further, with regard to payment of monthly wages at Rs.300/- p.m. to the members of the petitioner- Society in terms of G.O.Ms.No.445 dated 21.10.1986, it is categorically stated, in the counter affidavit, that they have not complied with the conditions stipulated in the aforesaid G.O. In that view of the matter, the members of the petitioner-Society are not entitled for payment of monthly wages at Rs.300/-. For the aforesaid reasons, the writ petition is dismissed. ______________________ R.SUBHASH REDDY,J Dt:20.04.2009 usd