IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 27604 of 2008 Between: 1 Thati Eedaiah S/o. Eedaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 2 Udatha Ramanjamma W/o. Anjaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 3 Thati Niranjayya S/o. Veeraiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 4 Thati Mallamma W/o. Ramulu Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 5 Thati Peda Anji W/o. Ramulu Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 6 Thati Bhayamma W/o. Eedaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 7 Mandli Peda Bhayanna S/o. Pothaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 8 Matla Bhayanna S/o. Poraiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 9 Sheelam Bhayamma W/o. Venkateswarlu Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 10 Mandli China Bhayanna S/o. Peda Bhayanna Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 11 Sheelam Eedaiah S/o. Byswami Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 12 Sheelam Shivamma W/o. Srinu Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 13 Sheelam Srinu S/o. Musalaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 14 Sheelam Anjamma W/o. Bhayanna Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 15 Thati Yellamma W/o. Eedaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 16 Sheelam Eedemma W/o. Gangayya Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 17 Mandli Venkateswarlu S/o. China Bhayanna Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 18 Mandli Pinnamma W/o. Pedda Bhayanna Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 19 Thati Pushpa W/o. Veeranjayya Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 20 Sheelam Guravamma W/o. Narayana Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 21 Udathala China Anjayya S/o. Guravaiah Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 22 Udathala Chinakotayya, S/o. Guravayya, Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 23 Udathala Peda Kotayya, S/o. Guravayya, Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 24 Chigulla Lingayya, S/o. Kotayya, Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 25 Sheelam Venkateswarlu, S/o. Eedayya, Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 26 Sheelam Bhyanna, S/o. eedayya, Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. 27 Mandli Venkateswarlu, S/o. Guravayya, Caste: Schedule Tribe (Chenchu) R/o. Chenchugudem, Kothapalli Village, Macherla Mandal, Guntur District. ..... PETITIONERS AND 1 Union of India, Rep by its Ministry of Environment and Forest, Paryavaran Bhavan, C.G.O.Complex, Ladhi Road, Delhi, 2 The Government of Andhra Pradesh, Rep by its Principal Secretary, Environment Forest Science & Technology, Secretariat, Hyderabad. 3 The Commissioner of Tribal Welfare , Telugu Samakya Bhavan, Masab Tank, Hyderabad. 4 The Divisional Forest Officer, Macherla Division, Guntur District. 5 The Forest Range Officer, Macherla, 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents authorities in trying to evict the petitioners including demolishing the huts of the petitioners in Forest Lands situated in Kandlagunta which is nearest to the Kothapalli Village, Macherla Mandal, Guntur District, nearly 100 Acres of Forest Land by doing cultivation under the possession of the petitioners and their forefathers without giving any notice or proceedings is illegal and void and opposed to Articles 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondent not to evict the petitioners without due process of law 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 Petitioners: MRS.A.JANA KUMARI Counsel for the Respondent No.1: Mr.T.BALAJI Counsel for Respondent Nos.2 & 3: G.P. for Social Welfare Counsel for Respondent Nos.4 & 5: G.P. for Forests. The Court made the following : ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from the forest lands nearly to an extent of Ac.100.00 situated in Kandlagunta, Kothapalli village, Macherla Mandal, Guntur District and also demolishing the huts raised by the petitioners without giving any notice, as illegal and arbitrary and consequently sought a direction to the respondents not to evict the petitioners from the forest lands in question without due process of law. When this matter was taken up for hearing, learned Counsel for the petitioners has drawn my attention to an order of this Court dated 28.08.2008 passed in W.P.No.4960 of 2002 and requested this Court to pass similar order in this matter also. Having perused the order of this Court passed in W.P.No.4960 of 2002, this Court is of the view that the said relief can be granted in this writ petition also. However, the learned Standing Counsel for the 1st respondent submits that he would file counter-affidavit in this matter, but this Court is of the view that no counter-affidavit is needed in this writ petition. Following the order of this Court in W.P. No. 4960 of 2002, dated 28.8.2008, this Writ petition is also disposed of with a liberty to the petitioners to make a claim before the Grama Sabha/Authority to initiate the process for determining the nature of the rights of the petitioners under Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognitition of Forest Rights) Act, 2006 (No.2 of 2007), if not already made, within a period of four weeks from today. Till such claim is determined, status quo obtaining as on today shall be maintained. No oder as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 18-12-2008 Note: Furnish C.C. in three days. (Bo) Gsn.