IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 27371 of 2006 Between: Chintalapati Venkata Sudarsana Raju S/o Sri Butchi bangara R Etikoppaka Village, yelamanchali Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The Divisional Forest Officer Opp. Harbour Park, beside Maharaja Towers, RK Beach Approach Road, Visakhapatnam. 2 The Divisional Forest Officer, Social Forestry, Opp. Harbour Park, beside Maharaja towers, RK Beach Approach Road, Visakhapatnam. 3 The Forest Ranger Office of the Forest Ranger, Yelamanchali, Visakhapatnam District. 4 The Forest Section Officer, Payakaraopeta, Visakhapatnam District. 5 The President, Vana Samarakshan Samithi, Chinnateenarla Village, Nakkapalli Mandal, Visakhapatnam District. .....RESPONDENT(S) 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 or order, more particularly, one in the nature of a Writ of mandamus or any other Writ declaring the unilateral action of the respondents in interfering with thepeaceful possession and enjoyment of the petitioner over Ac. 5.70 1/2. cents of land in S. No. 206 in Chinnateenarla village, nakkapalli Mandal, Visakhapatnam District as arbitrary, in violation of principles of natural justice, illegal, high handed and unconstitutional and consequently direct the respondents not to disturb his possession over the said lands unless and until a proper survey is conducted and the lands in S. No. 212 are demarcated. Counsel for the Petitioner:MR.S.RAJAN Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the unilateral action of the respondents in seeking to interfere with the peaceful possession and enjoyment of the petitioner over Ac.5.70½ cents of land in Survey No.206 of Chinnateenarla village, Nakkapalli Mandal, Visakhapatnam district as illegal, arbitrary and violative of principles of natural justice. Heard Sri S.Rajan, learned counsel for the petitioner and the learned Assistant Government Pleader for Forests. Learned counsel for the petitioner submitted that his client holds patta in respect of Ac.5.70½ cents of land comprised in Survey No.206 of the said village and that in the guise of encroachment into Survey No.212, the respondents have been high-handedly interfering with the possession of the petitioner. In the counter-affidavit filed on behalf of respondents 1 to 4 it is mentioned that the petitioner has encroached into the forest land comprised in Survey No.212 and been making coconut plantation from 1986. The respondents represent the State. If they are satisfied that the petitioner has encroached into the forest land, they are entitled to take action in accordance with law. From the averments contained in the pleadings and the record, it does not appear that the petitioner was put to notice at any stage to vacate the land allegedly belonging to the Forest Department. In view of the same, the Writ Petition is disposed of. Respondents are directed to initiate proceedings, in accordance with law, for due eviction of the petitioner, if he encroached into Survey No.212. Till then, the petitioner shall not be evicted from the land, which is presently in his occupation. ------------------------------------ C.V.NAGARJUNA REDDY,J 18-2-2008 MNR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Divisional Forest Officer Opp. Harbour Park, beside Maharaja Towers, RK Beach Approach Road, Visakhapatnam. 2 The Divisional Forest Officer, Social Forestry, Opp. Harbour Park, beside Maharaja towers, RK Beach Approach Road, Visakhapatnam. 3 The Forest Ranger Office of the Forest Ranger, Yelamanchali, Visakhapatnam District. 4 The Forest Section Officer, Payakaraopeta, Visakhapatnam District. 5 The President, Vana Samarakshan Samithi, Chinnateenarla Village, Nakkapalli Mandal, Visakhapatnam District. 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}