APHC010016392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1142/2025 Between: Smt. Ganimineni Nirmala ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K MOHAN RAMI REDDY Counsel for the Respondent(S): 1. GP FOR FORESTS 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent Nos. 2 to 4 herein in preventing the petitioner from cutting down the Eucalyptus trees raised in land in Sy No.275/1 admeasuring Ac.2.20 cents situated at Kondrajupalle village, Thottembedu Mandal, Chittoor District now Tirupati District and threatening to dispossess the petitioner without any right or authority as being iliegal, arbitrary, unconstitutional and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondents authorities to desist from interfering with the possession and enjoyment of the petitioner in respect of the above mentioned land, and to grant such other order or direction.…” 2. The petitioner is prevented from cutting Eucalyptus trees by the Forest department. Hence, the present writ petition is filed seeking a direction to the authorities to allow the petitioner to cut and carry the Eucalyptus trees. 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 4. On perusal of the material filed along with the writ petition, it appears that the petitioner herein is neither possessor nor having any title over the property. The endorsement of the Thasildar vide 3 R.C.No.11/20 dated -2-2020, indicates that soon after receipt of the orders from the Government, the patta will be issued based on the petitioner’s eligibility. 5. The petitioner herein filed W.P.No.15849 of 2020 the said writ petition was disposed on 07.09.2020 directing the respondents to take appropriate action on the petitioner’s request for issuance of D-Form patta, in respect of the subject matter land, subject to eligibility. 6. This Court in W.P.No.15849 of 2020 dated 07.09.2020 only directed to take decision for issuance of D-Form patta, subject to her eligibility, as expeditiously as possible. However, on perusal of the material filed along with the writ petition it appears that no patta was granted in favour of the petitioner. 7. After arguing for some time, learned counsel for the petitioner requested to adjourn the matter for filing counter. The said request was rejected. 8. As seen from the prayer, the present writ petition is filed challenging the action of the respondents in preventing the petitioner from cutting down the Eucalyptus trees raised in Sy.No.275/1 in Ac.2.20 cents at Kondrajupalle Village, Thottembedu Mandal, Chittoor District. No material has been placed before this Court to prove the petitioner's title or possession. As such, no counter is required. 4 9. Since no patta has been granted in favour of the petitioner, the prayer to challenge the action of the respondents in preventing the petitioner from cutting down the Eucalyptus trees raised on the subject land, does not arise. 10. Without proper material and evidence, this Court does not presume that the petitioner is in possession of the subject land or has raised Eucalyptus trees. The writ petition has been filed maliciously to grab the land. As such, the petitioner is not entitled to any relief, and it is a fit case for imposing costs. However, the Court refrains from imposing costs on the ground that the petitioner lacks the capacity to pay. 11. Therefore, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 03.02.2025 KBN 5 111 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.1142 of 2025 Date: 03.02.2025 KBN