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2025 DAILYLAW 13002 (AP)

Smt. Devara Venkataramanamma v. The State of Andhra Pradesh,

WP/8393/2025 · 2025-04-02

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010155092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8393/2025 Between: 1. SMT. DEVARA VENKATARAMANAMMA, W/O RAMAKRISHNAIAH AGED ABOUT 42 YEARS, OCC AGRICULTURE R/O THOCHAM VILLAGE, SAIDAPURAM MANDAL, SPSR NELLORE DISTRICT. 2. PULAGALA ANKAMMA, W/O RAMAIAH, AGED ABOUT 53 YEARS, OCC AGRICULTUR R/O THOCHAM VILLAGE, SAIDAPURAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FOREST DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , SPSR NELLORE DISTRICT, NELLORE. 3. THE TAHSILDAR, SIDAPURAM MANDAL, SPSR NELLORE DISTRICT 4. THE FOREST RANGE OFFICER, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 2 1. G VENKATESWARLU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FORESTS The Court made the following: ORAL ORDER: Heard Sri G.Venkateswarlu, learned Counsel for the Writ Petitioners, Sri T.Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Ms B.Sravani, learned Assistant Government Pleader for Forests. 2. The facts in this case would indicate that the Writ Petitioners were granted assignment pattas on 15.08.2025 in Tocham Village, Saidapuram Mandal, SPSR Nellore District (Ex.P1). The Writ Petitioners were also granted Pattadar Passbooks (Ex.P2) and raised lemon garden as indicated in Ex.P4. It is the case of the Writ Petitioners that the Forest Department officials are interfering with the peaceful possession of the Writ Petitioners. 3. Ms B.Sravani, learned Assistant Government Pleader for Forests has submitted the Written Instruction furnished by the Forest Range Officer, Nellore Range dated 01.04.2025. Copy of it is served on the Counsel for the Writ Petitioners as well. This Written Instruction is taken on record. 4. According to the learned Assistant Government Pleader for Forest, the Writ Petitioners have raised lemon garden in Sy.No.41, whereas the assignment patta indicates that the Writ Petitioner No.1 was granted assignment patta for an extent of Ac.2.50 Cents in Sy.No.93-2 and the Writ Petitioner No.2 was granted assignment patta of an extent of Ac.1.88 cents in Sy.No.92-2 and Ac.0.62 cents in Sy.No.93-3. 5. Having regard to the facts of this case, it appears to this Court that there is a dispute with regard to the location of the Writ Petitioners lime garden, in as much as there is a mismatch of the Survey numbers between the Department of Revenue and Department of Forest. This Court deems it 3 appropriate to direct the Revenue officials to conduct a fresh survey in the presence of officials of Department of Forest, Department of Revenue and the Writ Petitioners. The Tahsildar (Respondent No.3) is directed to fix a date and time for conduct of survey by issuing advance notice to the officials of the Department of Forest as well as the Writ Petitioners, consider the submissions/objections and material documents, if any, and issue final proceedings in the form of a Survey Report within four weeks from the date of conduct of survey and supply copies of such Survey Report to the Writ Petitioners as well as the officials of the Department of Forest forthwith. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 02.04.2025 SNI 4 86 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.8393 OF 2025 02.04.2025 SNI