APHC010585082015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Thirtieth day of July, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 2562 of 2015 Between: G.Kumara Raja Naidu and others ...Petitioners and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioners: 1. L.J. Veera Reddy Counsel for the respondents: 1. G.P. for Forest The Court made the following: 2 W.P.No.2562 of 2015 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly the respondents No.2 and 3 in interfering with the possession and enjoyment of petitioners' respective bits of land i.e., Ac.6.50 Cents in Sy.No.487-1B, Ragimanupenta Village, Bangarupalem Mandal, Chittoor District and Ac.6.50 Cents in Sy.No.487-1A, Ragimanupenta Village, Bangarupalem Mandal, Chittoor District without any authority of law and without any manner of right as illegal, unjust, arbitrary, high handed, mala fide and against statutory provisions, including Article 300A of the Constitution of India, and contrary to judgment in W.P.No.28338 of 2009, dated 05.03.2014 and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners' respective bits of land i.e., Ac.6.50 Cents in Sy.No.487-1B and Ac.6.50 Cents in Sy.No.487-1A, Ragimanupenta Village, Bangarupalem Mandal, Chittoor District and pass…” 02. The case of the petitioners is briefly as follows: a) The petitioner No.1 is the father of the petitioner No.2. Originally, B.Munemma was granted patta by the then Zamindar of Bangarupalem in the year 1939 in respect of land in survey No.487 in 169 Ragimanupenta Revenue Village of Bangarupalem Mandal, Chittoor District. She was given Ryotwari Patta by the Forest Settlement Officer (in short „F.S.O.‟) appointed under the Estate Abolition Act, 1948. While so, Peda Konda Forest Block was notified under Section 4 of the Andhra Pradesh Forest Act. Thereafter, B.Munemma submitted an 3 W.P.No.2562 of 2015 application to the F.S.O. in the year 1963 to delete her patta land from the notified area. Her claim was allowed by the F.S.O. The said order was challenged by the District Forest Officer (in short „D.F.O.‟) before the Additional District Judge, Chittoor vide A.S.No.92 of 1974. The appeal was allowed and the matter was remanded to the F.S.O., Nellore to dispose of it afresh. Then, the F.S.O., Nellore, vide Rc.No.65/64-A, dated 01.08.1977, held that B.Munemma has title over the said land. Once again, the D.F.O. preferred an appeal in A.S.No.10 of 1978 before the Additional District Judge, Chittoor. In the second round of appeal also, the claim of B.Munemma was upheld. Later, the Forest Range Officer, Chittoor Range sent a proposal to the D.F.O., Chittoor West Division on 05.08.1980 to implement the award of the F.S.O. in proceedings No.65/64, dated 01.08.1977 in Peda Konda Block. It was implemented as per the orders of the Conservator of Forests, Government of Andhra Pradesh, vide Rc.No.4769/86/D, dated 17.05.1986. b) B.Munemma sold Ac.13.00 Cents in survey No.487, Ragimanupenta Village to B.Venkata Krishnama Naidu under a registered sale deed bearing document No.3691/1985, dated 30.05.1985 and delivered possession of the land. In turn, B.Venkata Krishnama Naidu sold Ac.5.00 Cents to Smt. G.Vijaya under a registered document No.6302, dated 08.09.1986. On the same day, B.Venkata Krishnama Naidu sold other portions of his land i.e., Ac.5.00 Cents in favour of G. Jagannatham vide document No.6303 and to Smt.G.Rohini Ac.3.00 Cents vide registered document No.6304. Thus, in all Ac.13.00 Cents of land was sold to them. c) Out of such Ac.13.00 Cents of land the petitioner No.1 herein purchased Ac.5.00 Cents from G. Jagannatham and Ac.1.50 Cents from G.Vijaya in total Ac.6.50 Cents on 11.03.1997 vide document No.742 of 1997. The petitioner No.2 purchased Ac.3.00 Cents from 4 W.P.No.2562 of 2015 G.Rohini vide document No.742 of 1997 and Ac.3.50 Cents from G.Vijaya, in total Ac.6.50 Cents vide document No.743 of 1997 on 11.03.1997. Ever since then, the petitioners No.1 and 2 have been in possession and enjoyment of their respective lands and raising crops on rain-fed. The petitioners were given the title deeds by the revenue authorities on 24.07.1999. d) The respondent No.2 / D.F.O. and respondent No.3 / Forest Range Officer are un-necessarily interfering with the possession and enjoyment of the petitioners‟ land. e) B.Munemma sold the remaining Ac.13.60 Cents in favour of A.S.Kannaiayan and his wife A.K.Pushpavathi. When the respondents No.2 and 3 were interfering with their possession and enjoyment of the land as well, they filed W.P.No.28338 of 2009 before this High Court and obtained interim direction in W.P.M.P.No.36903 of 2009 on 11.02.2010 and finally the writ petition was disposed of on 05.03.2014 directing the respondents therein not to interfere with the possession of the petitioners therein in respect of Ac.13.60 Cents in survey No.487 of Ragimanupenta Village. In the judgment in W.P.No.28338 of 2009, the survey No.487 was wrongly shown as 847 in the second line of second para. Further, after words viz., „169 Ragimanupenta‟ remained the same. When the petitioners shared all the registered documents and the copy of the order to the respondents, they were not satisfied and are still interfering with the possession and enjoyment of the petitioners. As such, this writ petition was filed. 03. The respondent No.2 filed counter with the submissions briefly as follows: All the historical facts about the rights of B.Munemma and the proceedings went up to the appeals and also the facts regarding the purchases made by the petitioners and also proceedings in 5 W.P.No.2562 of 2015 W.P.No.28338 of 2009 were admitted. But, the land of the petitioners is not clearly demarked and there is doubt of encroachment by the petitioners into the forest land. This is to be verified immediately by conducting joint inspection with the revenue authorities to avoid any further encroachments. The petitioners, instead of filing a writ petition before this Court, can take alternative step for solving the dispute for the forest boundaries by applying for joint inspection for due demarcation of survey No.487. The petitioners, with an intention to trespass and encroach the forest land, filed this writ petition. 04. Heard Sri N.Ranganadha Rao, learned counsel representing the learned counsel for the petitioners and Ms. B.Sravani, learned Assistant Government Pleader for Forests. 05. In view of the fact that the dispute is only regarding identification of the property on ground in so far as its extent which is in possession of the petitioners, the dispute can be resolved by conducting a joint survey. 06. As such, the writ petition is disposed of directing to conduct a joint survey by the forest department with the assistance of revenue authorities in the presence of the petitioners within four (4) months from the date of receipt of copy of this Order. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Date: 30.07.2025 NSM 6 W.P.No.2562 of 2015 55 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 2562 of 2015 Date: 30.07.2025 NSM