IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1191 of 2005 Between: 1 Madduri Yesaiah S/o Chinna Polaiah Itukulapadu, R/o Itukulapadu, Kasinayana Mandal, Cuddapaph District 2 M. Gurappa S/o Chinna Guraiah R/o Itukulapadu, Kasinayana Mandal, Cuddapah District ..... PETITIONERS AND 1 The District Collector, Cuddapah District, Cuddapah 2 The Divisional Forest Officer, Proddutur, Cuddapah District 3 The Forest Section Officer, Mallepalli Section, Porumamilla Range, Proddutur Division, Cuddapah District 4 Y. Gurrappa S/o. Polaiah Itukulapadu Harizanawada, Kasinayana Mandal, Kadapa District R4 is impleaded as per court order dt. 3-1-2005 in WPMP 34932 of 2005 .....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 an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not conducting the election to the Managing committee of Vana Samrakshana samithi Itukulapadu, Proddutur Division, Cuddapah District under the supervision of the 3rd respondent and not issuing proceedings accepting the General Body Resolution dated 26-12-2004 extending the tenure of the existing Managing Committee as illegal, null and void and consequently direct the respondents either to conduct the election for the managing committee of Itukulapadu Vana Samrakshana Samithi, Proddutur Division, Cuddapah District or to issue the proceedings honouring the resolution of the General Body Meeting date 26-12-2004: and to pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioners:SRI VALISETTY SRIDHAR Counsel for the Respondents: GP FOR FORESTS The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1191 of 2005 ORDER: The writ petition is ﬁled seeking a writ of mandamus directing the respondents to conduct election for the Managing Committee of Itukulapadu Vana Samrakshana Samithi (VSS), Proddutur Division in Cuddapah District. VSS was formed in accordance with G.O.Ms.No.13, dated 12.02.2002. New body was elected on 06.11.2001. Its term was for a period of three years up to 05.11.2004. After expiry of the term, the third respondent issued a notice to the ﬁrst petitioner who is Chairperson of VSS to convene the meeting of General Body on 26.12.2004. The petitioners allege that on that day meeting was conducted and the General Body decided to continue the existing body with the ﬁrst petitioner as Chairperson. It is alleged that third respondent did not attend the meeting and subsequently also no election was held for VSS. A detailed counter aﬃdavit is ﬁled. It is stated that after completion of three years tenure, third respondent issued notice for convening the meeting on 26.12.2004 at 5:00 pm at RCM Church, Itukulapadu Village. On that day, General Body meeting was held in the presence of Village Heads and the General Body elected a new General Body. The other allegation that election was not held is denied. The petitioners ﬁled reply aﬃdavit. They admitted that General Body meeting was convened at 11:30 am on 26.12.2004 at Government School, but they allege that third respondent did not attend the General Body meeting. Members waited up to 2:00 pm and passed a resolution to continue the existing Managing Committee for another term. This Court heard learned Counsel for the petitioners, learned Government Pleader for Forests and also the learned Counsel appearing for the fourth respondent, who was impleaded subsequently. The petitioners admit that there was a meeting held on 26.12.2004. That itself is a clear indication that a new body was elected. When the General Body meeting was convened for the purpose of electing a new Managing Committee it is reasonable to draw an inference that a new Managing Committee was elected. Therefore, this Court holds that the writ petition is misconceived, and is ﬁled based on factual basis, which is not correct. Secondly, the Forest Range Oﬃcer, Proddutur, who ﬁled counter aﬃdavit has also enclosed the necessary documents including the resolution of the General Body meeting held on 26.12.2004, which shows that a new Managing Committee has been elected. The Writ Petition for the above reasons is dismissed. No costs. _____________ (V.V.S.RAO, J) 07.11.2008 vs To 1 The District Collector, Cuddapah District, Cuddapah 2 The Divisional Forest Officer, Proddutur, Cuddapah District 3 The Forest Section Officer, Mallepalli Section, Porumamilla Range, Proddutur Division, Cuddapah District. 4 2CCs to G.P For Forests, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{TRT}