THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4891 of 2009 ORDER: The petitioners were granted pattas over an extent of Ac.117.52 cents of land in Survey No.139 of Molakalapudi Village, Chittamuru Mandal, Nellore District way back in the year 1991. The said land had accrued to the Government as surplus land from Maramreddi Ramsubba Reddy and P.Subramanyam Naidu under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act. The petitioners state that when they tried to clear the bushes, the officials of the Forest Department have interfered and even after a joint survey was conducted on 14.07.2005, the interference is still continuing. Heard the learned counsel for the petitioners and the learned Government Pleaders for Revenue and Forest. There was some serious dispute as to whether the land that was assigned to the petitioners is a revenue land or a reserve forest. A survey was conducted by the Assistant Director of Survey and Land Records, Nellore, who in turn addressed a letter dated 28.07.2005 to the District Collector. A perusal of the same discloses that that a visit by the officials of the Forest, Revenue and Survey Departments was made to the site. The Forest Department claimed that the land belongs to it, in view of G.O.Ms.No.775 dated 17.11.1978. Only on the ground that there are no trenches on the land, the Assistant Director came to the conclusion that it is not a part of any reserve forest. Such a conclusion cannot be sustained in law. Necessary records are to be verified; and for this purpose, the Divisional Forest Officer has to be issued notice in advance. It is only when a joint survey with the full and perfect participation of the officials of the Forest and Revenue Departments takes place, that a correct decision can emerge. Therefore, the writ petition is disposed of directing that the District Collector, Nellore shall cause a joint survey with the specific participation of the Revenue Divisional Officer, Gudur and the Divisional Forest Officer, Nellore respondents 2 and 3 herein respectively; and the survey so conducted shall be with reference to the specific records. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order and the further course of action would depend upon the outcome of the survey. There shall be no order as to costs. _________ 13.03.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4891 of 2009 Date: 13.03.2009 JSU