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 MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26692 of 2003 Between: Vana Samrakshana Samiti, rep by its Chairman, Mr.V.Narasaiah r/o Thummanala village, Dharmapuri Mandal, Karimnagar District ..... PETITIONER AND 1 The District Collector, Karimnagar District 2 The Divisional Forest Officer, Karimnagar, Karimnagar District 3 The Forest Range Officer, Jagrial, Karimnagar 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 an approriate writ or order or direction more particularly one in the nature of writ of mandamus,declaring the action of the respondents authorities in deleting an extent of 150 hectares from the Compartment Nos. 564 and 565 from the area of the petitioner Samithi and alloting to Nakkalapeta village as arbitary, illegal and violative of the Articles 14,21 and 300A of the constitution of India Counsel for the Petitioner:MR.A.SUDERSHAN REDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26692 OF 2003 ORDER: Vana Samrakshana Samithi (VSS), Thummenala village ﬁled instant writ petition seeking a writ of Mandamus declaring the action of respondents in deleting an extent of 150 hectares from forest compartment Nos.564,565 and 566 from the area of petitioner and allotting the same to VSS, Nakkalapet village, as illegal and arbitrary. The petitioner is a body formed as per the orders issued by Government in G.O.Ms.No.13, dated 12.02.2002. It is alleged that an extent of 912.46 hectares comprised in three survey numbers referred to earlier was allotted to petitioner VSS in addition to the existing forest area. It appears a meeting was convened on 09.12.2003 by forest oﬃcials informing the petitioner that entire extent of 912.46 hectares is allotted to petitioner VSS. However, it is alleged subsequently without any notice to petitioner, an extent of 150 hectares was allotted to Nakkalapet VSS, after deleting the same in the allotted area of petitioner VSS. Counter aﬃdavit is ﬁled inter alia stating that 500 hectares only was allotted to petitioner VSS by the Divisional Forest Oﬃcer, Karimnagar, vide proceedings, dated 27.06.1998 and 912.46 hectares was never allotted. It is further stated that as per G.O.Ms.No.13, dated 12.02.2002, all the villages falling within ﬁve kilometers radius of original forest area should be formed into VSS and Nakkalapet falls within ﬁve kilometers radius of reserve forest of Thummenala village. The villagers of Nakkalapet represented to DFO, Karimnagar (West) and District Collector for allotment of the area. The matter was placed before District Forest Committee. As recommended by them 170.00 hectares out of total area of 912.46 hectares was allotted to Nakkalapet and the remaining area of 742.46 has been retained with petitioner VSS. The petitioner has not chosen to ﬁle reply aﬃdavit. It also did not ﬁle any copy of order or proceedings of competent authority allotting entire extent of 912.46 hectares to VSS, Thummenala. In such an event, the contention of petitioner cannot be accepted. This Court does not ﬁnd any arbitrariness in the action of respondents in allotting 170.00 hectares of forest land comprised in survey Nos.564, 565 and 566 of Thummenala VSS to Nakkalapet VSS. The writ petition is devoid of any merit and is accordingly dismissed. No costs. ______________ (V.V.S.RAO,J) 07.11.2008. pln