IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3960 of 2002 Between: 1 Smt. Munagala Nagarathanamma, W/o. Venkata Subba Reddy Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 2 Ambati Pedda Anki Reddy, S/o. Venkata Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 3 Thota Venkata Reddy, S/o. Rami Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 4 S.K.P. Narsimhulu, S/o. Nassar, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 5 Vaddi Vijayalakshmi, W/o. Veera Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 6 Vaddi Radha, W/o. Venkatakrishna Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 7 Ragipindi Narayana Reddy, S/o. Rami Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 8 KOtla Venkata Reddy, S/o. Venki Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District 9 Komireddy Prameela, W/o. Bala Subba Reddy, Residents of Sudhakar Nagar Colony, Mutharasapalem, Gram Panchayat Pamidipadu, Post, Nujendla Mandal, Guntur District ..... PETITIONERS AND 1 The District Collector, Guntur, Guntur District. 2 The Mandal Revenue Officer, Nujendla Mandal, Guntur District. 3 The Chief Conservator of Forest, Government of Andhra Pradesh, Hyderabad. 4 The Forest Range Officer, 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 a Writ of Mandamus or any other appropriate Writ or direction declaring the action of the Respondents 3 and 4 in not handing over the Land measuring an extent of 52 acres de-reserved by Government as per G.O.Ms.No.2204 Food and Agriculture (Forest-I) Department dated 27-10-1970 and claiming right over the same illegal, arbitrary and without jurisdiction and consequently direct the respondents 3 and 4 to hand over the remaining extent of land measuring an extent of Ac. 52 acres out of 247 acres dereserved by the Government in G.O.Ms.No.2204 Food and Agriculture (Forest-I) Department dated 27-10-1970 to respondents 1 and 2 in order to grant pattas to the Petitioners and other eligible persons.0 Counsel for the Petitioners: MR.P.GANGA RAMI REDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following ORDER: THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.3960 OF 2002 ORDER : In this writ petition, the petitioners, who are nine in number, seek a writ of Mandamus, declaring the action of respondents 3 and 4 in not handing over the land admeasuring about Acs.52.00, which they claim to be in their possession, pursuant to the orders of the Government in G.O.Ms.No.2204, Food and Agriculture (Forest-I) Department, dated 27.10.1970, as illegal and arbitrary, and consequently, to direct respondents 3 and 4 to grant pattas in favour of petitioners. 2. It is the case of the petitioners that they are landless poor persons and they are in occupation of land ranging from Acs.1.50 to Acs.2.50 cents each, in Survey No.297 of Pamidipadu Revenue Village, Guntur District. It is also their case that though the said land was notified as forest land and in spite of orders issued by the Government in G.O.Ms.No.2204, dated 27.10.1970, land to an extent of Acs.52.00 forming part of Pamidipadu reserve forest is not being handed over to the revenue authorities, so as to consider their claim for grant of pattas. 3. In view of large number of representations for assignment of lands, which are in the forest area and where there is no tree growth, the Government, vide G.O.Ms.No.2204, dated 27.10.1970, has taken a decision, recommending for de-reservation from the reserve forest land. One such parcel of land is about Acs.247.00 in Pamidipadu forest area in Vinukonda Mandal, Guntur District. It is the case of the petitioners that in spite of the fact that Acs.247.00 of land was ordered to be de-reserved as the same is not fit for tree growth, the forest authorities i.e., respondents 3 and 4, are not handing over about Acs.52.00 cents of land to respondents 1 and 2, for granting pattas in favour of petitioners. 4. A counter affidavit is filed by the fourth respondent, Forest Range Officer, Vinukonda, Guntur District. In the counter affidavit, the fourth respondent has denied the possession of the petitioners and their alleged cultivation in the land covered by Survey No.297 of Pamidipadu Revenue Village. While it is stated that in view of the Government orders in G.O.Ms.No.2204, dated 27.10.1970, wherein directions were issued for taking up adequate steps to de-reserve the forest area to an extent of Acs.247.00 from Pamidipadu reserve forest, the land was surveyed and demarcated, and after demarcation, on the ground, only Acs.195.00 of land was found fit for cultivation, and therefore, the same was handed over to the revenue department on 12.03.1971. In para-3 of the counter affidavit, it is categorically denied that a total land of Acs.247.00 covered by Survey No.297, was de-reserved. 5. In this writ petition, it is submitted by the learned counsel for petitioners, Sri P.Gangarami Reddy, that as the petitioners are landless poor persons and they are in possession of the land from the past several decades, they are eligible for grant of pattas. It is submitted that in spite of the fact that the Government has ordered de- reservation, the land to an extent of Acs.52.00 is not being handed over to the revenue department, so as to consider the claim of the petitioners for grant of pattas. 6. On the other hand, it is submitted by the learned Government Pleader appearing for the respondents that there is no notification for de-reservation of entire extent of Acs.247.00 and in view of the orders issued by the Government in G.O.Ms.No.2204, dated 27.10.1970, the area was surveyed and demarcated. It is also submitted that as per the survey, the land only to an extent of Acs.195.00 was found suitable for agriculture, and as such, the same was handed over to the revenue department, and as there is no notification for the remaining Acs.52.00 of land for de-reservation, the question of handing over the same to the revenue authorities, does not arise. 7. Before I advert to the contentions of the learned counsel on both sides, it is appropriate to refer to certain provisions of A.P. Forest Act, 1967 (for short ‘the Act’) and also the provisions of the Forest Conservation Act, 1980. As per Section 23 of the Act, once the land is notified as a reserve forest under the provisions of the Act, de- reservation of any area can only by means of a notification by the Government. Further, as per Section 2 of the Forest Conservation Act, 1980, even the State Government cannot order for de-reservation of any reserve forest without prior approval of the Central Government. As per G.O.Ms.No.2204, dated 27.10.1970, though certain areas were notified for de-reservation, the same is not a notification under Section 23 of the Act. 8. In G.O.Ms.No.2204, dated 27.10.1970, the Government has recommended for de-reservation to an extent of Acs.247.00 in Pamidipadu reserve forest, apart from some other forest areas. So far as Pamidipadu reserve forest is concerned, in the counter affidavit, it is categorically stated that pursuant to the orders of the Government issued in the said G.O., a survey was conducted, and only an extent of Acs.195.00 of land was identified as an area, which is suitable for the purpose of agriculture. It is also stated that the said area is already handed over to the revenue authorities. In the absence of any notification for de-reservation of the entire extent of Acs.247.00 of land, the question of issuing any direction by this Court for handing over the entire land to the revenue department, does not arise. Whether a particular piece of land is fit for tree growth or not, and whether the said land is to be continued in the reserve forest or not, are the matters, which are within the purview of the forest authorities, and on the mere claim of the petitioners that they are in possession of a parcel of land, no direction can be given in this writ petition either for handing over the said land to the revenue authorities or to consider assignment of the same in favour of the petitioners. 9. For the aforesaid reasons, I do not find any merit in this writ petition for assignment of any pattas in favour of the petitioners. The writ petition is devoid of merit and is accordingly dismissed. No order as to costs. _____________________ R.SUBHASH REDDY, J Dt.23.03.2009 VGB