I APHC0t0562392017 IN THE HIGH COURT OF ANDHRA PRADESJ^ ff^ AT AMARAVATI (Special Original Jurisdiction) a? B f WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B S BHANUMATHK WRIT PETITION NO: 1980 OF 2017 ^ Between; 1. Y. Narayanamma, W/o Late Y. Subbareddy, Aged Pelakantipalli, Hamlet of Gollapalli Revenue Village, Yadamarri Mandal, Chittoor District 2. T. Mahadeva Naidu, S/o Munaswamy Naidu, Aged 45 Village, Hamlet of Kothapalli Revenue Village, Yadamarri Mandal, Chittoor District 3. K. Hari Mohan Reddy, S/o K. Chenchula Kollurupatli Village, Bangarupalem Mandal, Chittoor District 60 years, R/o years, Balijapalli Reddy, Aged 40 years ...Petitioners _ AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Forest Department, A.P. Secretariat Building Velagapudi, Guntur District 2. The Principal Chief Conservator of Forest Pradesh, Gollapalli, Krishna District. 3. The Divisional Forest Officer, Chittoor West Division 4. The Forest Range Officer, Bangarupalem Range, Chittoor District Government of Andhra Chittoor District ...Respondents , Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus, declaring the inaction of the Respondents 3 and 4 in release of the Teak logs belonging to the petitioners seized under Panchanama, dated 27-08-2015, as illegal, irregular, arbitrary, unjustified, unconstitutional and unsustainable and direct the Respondents to forthwith release the same^ lA NO: 1 OF 2017(WPMP 2278 OF 201?) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to release the teak logs belonging to the petitioners seized under Panchanama, dated 27-8-2015.. Counsel for the Petitioners: SRI KARRI MURALI KRISHNA Counsel for the Respondents: GP FOR FORESTS The Court made the following order: APHC010562392017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Thirteeth Day of July, Two Thousand and Twenty Five Present The Honourable Ms. Justice B .S.Bhanumathi Writ Petition No.1980 of 2017 Between: ...Petitioners Y. Narayanamma and 2 others and ...Respondents The State of Andhra Pradesh and others Counsel for the petitioners: 1 .Karri Murali Krishna Counsel for the respondents: 1. Government Pleader for forests (A.P.) The Court made the following: ORDER: This writ petition under Article 226 of Constitution of India is filed to issue an appropriate writ order or direction mostly one which is in the nature of a writ of mandamus declaring the inaction of the respondents 3 and 4 in release of the teak logs belonging to the petitioners seized under Panchanama dated 27.8.2015 as illegal irregular, arbitrary, unjust, unconstitutional and unsustainable and direct the respondents to forthwith release the same and to pass such other order or orders which this Court deems fit in the interest of justice. 1 2 BSB,J W.P. No.1980 of 2017 The case of the petitioner is briefly as follows:- The petitioner is the owner and possessor of an extent of Ac.1.09 Cents in survey No.214.16 of Gollapalli revenue village. The 1®' petitioner grew some teak trees in her land for domestic purpose. The 1®' petitioner wanted to use the teak logs for the windows and doors of her house. She took permission of the Village Revenue Officer under a certificate dated 12.05.2015 and handed over them to Sri Venkateswara Saw Mill at K.G.Satram village, Bangarupalem Mandal, Chittoor District to cut them into logs of different sizes. Similarly, the 2'"'^ petitioner is owner of extent of Ac.1.45 Cents in Survey No.132-2/ID of Kothapalli revenue village. After taking necessary certificate, he cut the teak trees grown in his land and got 95 logs out of them. On 20.07.2015, the 2'^'^ petitioner transported all the logs to Sri Venkateswara Saw Mill at K.G.Satram on job work for cutting into different sizes. 2. The 3'^^ petitioner is the owner of extent of Ac. 1.06 Cents in Survey No.277-9 of Kollurupalli Revenue Village. After taking necessary permission and certificate from the concerned Village Revenue Officer, he cut the teak trees and got seven logs and transported them to Sri Venkateswara Saw Milt for cutting into different sizes to use them for domestic purpose. D.Lokanatha Naidu is running Sri Venkateswara Saw Mill at K.G.Satram after securing permissions from the Gram Panchayat, no objection certificate from the 3"'^ respondent, dated 11.04.1985, license dated 01.03.1987 from the Factories and Boilers department. Suddenly, on 27.08.2015, the 4'*^ respondent seized the entire saw mill consisting of the machinery as well as all the teak logs, on the ground that the saw mill was located within a prohibited distance of 5 3 BSB,J W.P. No.1980 of 2017 kilometers from the reserve forest boundary. The saw mill owner filed W.P.No.11840 of 2016 and it is pending. The teak logs which were seized by the respondent belongs to the petitioners as they have grown the teak trees in their own agriculture lands and there is no allegation that they are unauthorized forest produce. The seizure of their logs is unjustified, unlawful, irregular and arbitrary. On 06.11.2015, they got issued separate legal notices to the 3'”'^ and the 4^^ respondents seeking release of their respective logs. The Government Pleader issued reply notice stating that the saw mill is operated unauthorizedly and advised to file appropriate petitions before the statutory authority under the Forest Act for redressal of the grievance. Hence, the writ petition was filed. Counter filed by Government Pleader for Forests has been returned with objections. 3. The Assistant Government Pleader for Forests submitted that the petitioners contravened the provisions of G.O.Ms.No.48 and Section 44 of the A.P.Forest Act, 1967. 4. The learned counsel for the petitioners represented by Ms.V.V.N.V.Teja, submitted that the writ petition filed by the owner of the saw mill vide W.P.No.11840 of 2016 had been disposed by this Court on 13.02.2024 setting aside the proceedings dated 27.01.2016 of the 3’’'^ respondent therein (which is also the 3^^ respondent herein) and further directing the owner of the saw mill to submit an application for renewal of licence. She further submitted that liberty may be given to the petitioners to file an application before the appropriate authority i.e., the 3'''^ respondent for release of the stock by fixing time for disposal of the application by the 3'^'^ respondent. 5. BSB,J W.P. No.1980 of 2017 6. In view of the submissions on both sides, without going into the question whether the seizure is legal or illegal, the writ petition is disposed of giving liberty to the petitioners to submit within one (01) month application(s) to the 3'"^ respondent for release of the property and within two (02) months on submission of such application(s), they shall be disposed by the S'"* respondent as per law. There shall be no orders as to costs. As a sequel thereto, miscellaneous petitions, if any, pending this writ petition shall stand closed. in Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Forest Department, Velagapudi, Guntur District 2. The Principal Chief Conservator of Forest, Pradesh, Gollapalli, Krishna District. 3. The Divisional Forest Officer, Chittoor West Division, 4. The Forest Range Officer, Bangarupalem Range, Chittoor 5. One CC to Sri Karri Murali Krishna, Advocate [OPUC] ^ 6. Two CCs to GP for Forests, High Court of Andhra 7. Two CD Copies A.P. Secretariat Building.^ Government of Andhrd" Chittoor District District Pradesh [OUT] ^ TF HIGH COURT DATED:30/07/2025 ^ ANDwq^-s ORDER WP NO. 1980 OF 2017 X (II SEP 2025 s ^ . Cuffsnl socuon DISPOSING OF THE W.P., WITHOUT COSTS