IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 26988 of 1998 Between: 1 A.Ramachandar Rao, S/o. Venkat Rao, R/o.3-4-22, Dr.Bhumanna Lane,Kachiguda, Hyderabad. 2 A.Janardhan Rao, S/o. Venkat Rao, Yellareddipeta Mandal, Karimnagar District. 3 A.Ananda Devi, W/o. A.Janardhan Rao, Yellareddipeta Mandal, Karimnagar District. ..... PETITIONER(S) AND 1 Govt. of A.P. Rep. by its Prl. Secretary to Govt, Revenue (Land Reforms) Department, Secretariat, Hyderabad. 2 The Land Reforms Tribunal, Rep. by it's Presiding Officer, Revenue Divisional Officer, Jagatial, Karimnagar District. 3 The Divisional Forest Officer, Karimnagar 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 to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring Rule-II of the A.P. Land Reforms(Ceiling on Agricultureal Holdings) Rules,1974 in so far as not procided for the payment of compensation to the forest growth standing on the land as on the date of surrender of the lands which answers the difinition of the 'property' and order passed by the 1st respondent in Memo.No. 104099/L.Ref.II/92 dt.14.12.1996 and the action of the respondents in not paying the compensation for the forest growth existing in an extent of 1071 acres of land in Survey No.79 of Pothireddipalli (V),Sircilla Taluk,Karimnagar Dist. Surrendered by the petitioners as surplus holding in C.C.No.s1609 to 161/S/1975 on the file of the 2nd respondent as illegal, arbitray, discriminatory and violative of Art.14,21&300-A of the Constitution of India and consequently direct the respondents to pay the compensation for the said forest growth in the above said land to the petitoners with interest thereon at 24% per annam from the date of taking possession and 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 Petitioner:M/sH.SRINIVASA RAO&VIJAYALAKSHMI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{SRAVAN} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.26988 of 1998 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) When the matter was listed for hearing on 04-02-2009, none appeared and therefore, the writ petition was directed to be posted to 06-02-2009 under the caption ‘for dismissal’. On 06-02-2009, a representation was made on behalf of the learned counsel for the petitioners that the 2nd petitioner died and steps will be taken to get his Legal Representatives on record. Therefore, it was adjourned to today under the same caption. Today also when the matter is taken up for hearing, none appears for the petitioners. In the circumstances, the Writ Petition is dismissed for default. No costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR 24th February, 2009 Kvr