APHC010849662017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS: 35583. 35869 & 44192 OF 2017 WRIT PETITION NO: 35583 OF 2017 Between: R. Syamkumar, S/o Babu Naidu, Aged about 35 yrs, R/o Bhyravam Village, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND 1. The Government of Andhra Pradesh, Forest Department, Secretariat, Amaravathi, Rep by its Principal Secretary. 2. The Divisional Forest Officer, SPS Nellore District, Andhra Pradesh. 3. The Forest Range Officer, Venkatagiri, SPS Nellore District, Andhra Pradesh. 4. The Conservator of Forest, Venkatagiri, SPS Nellore District, Andhra Pradesh. 5. The Government of Andhra Pradesh, Revenue Department, Secretariat, Amaravathi, Rep by its Principal Secretary. 6. The District Collector, SPSR Nellore District, Andhra Pradesh. 7. The Revenue Division Officer, Balayapalli Mandal, Venkatagiri Nellore District, Andhra Pradesh. 8. The Tahsildar, Bhyravam Village, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh. SPSR ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order, or Direction, more particularly one in nature may of Writ of MANDAMUS declaring the action of the respondents 2 to 4 i interfering with the Writ in Petitioner's peaceful possession and cultivation/harvesting over the land in Sy.No.149 situated at Bhyravaram Village & Post, Balayapalli Mandal, Venkatagiri, SPS Nellore District without following due process of law under Forest laws or Revenue Laws inspite of representation dt.11-10-2017, as bad in law and violative of Article 300-A of Constitution of India and consequently direct the respondents 2 to 4 to allow the Writ Petitioner to enjoy the land in Sy.No. 149 situated at Bhyravaram Village & Post, Balayapalli Mandal, Venkatagiri, SPS Nellore District without any hindrance whatsoever from any quarters, in the Interest of Justice. lA NO: 1 OF 2017rWPMP 44206 OF 20171 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to restrain the respondents 2 to 4 from interfering with the Writ Petitioner's peaceful possession and cultivation/ harvesting over to the land in Sy.No.149 situated at Bhyravaram Village & Post, Balayapalli Mandal, Venkatagiri, SPS Nellore District, in the interest of Justice, Pending Disposal of the Writ Petition. lA NO: 1 OF 2Q1R Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim orders dt. 11.12.2017, granted by this Hon'ble Court until further orders, in the interst of justice. lA NO: 2 OF 2Q1« Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be 3 pleased to extend the interim orders dt.08-02-2018 granted by this Hon'ble Court until further orders, in the interest of Justice Pending Disposal of the Writ Petition. in W.P.No. 35583 Of 2017 iANOM OF2021 Between: 1. The Government of Andhra Pradesh, Forest Department, Secretariat, Amaravathi, Rep by its Principal Secretary. 2. The Divisional Forest Officer, SPS Nellore District, Andhra Pradesh. 3. The Forest Range Officer, Venkatagiri, SPS Nellore District, Andhra Pradesh. ...Petitioners/Respondents AND 1. R. Syamkumar, S/o Babu Naidu, Aged about 35 yrs, R/o Bhyravam Village, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Pradesh. Andhra ...Respondent/Petitioner 2. The Conservator of Forest, Venkatagiri, SPS Nellore District Pradesh. 3. The Government of Andhra Pradesh, Revenue Department, Secretariat Amaravathi, Rep by its Principal Secretary. 4. The District Collector, SPSR Nellore District, Andhra Pradesh. 5. The Revenue Division Officer, Balayapalli Mandal, Venkatagiri Nellore District, Andhra Pradesh. 6. The Tahsildar, Bhyravam Village, Balayapalli SPSR Nellore District, Andhra Pradesh. Andhra , SPSR Mandal, Venkatagiri ...Respondents/ Respondents (Respondent Nos. 2 to 6 not necessary party in this petition) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be 4 pleased to vacate the interim orders dated 26.10.2017, passed in W.P.No. 35583 of 2017. Counsel for the Petitioner: M/S. PANGULURU RACHANA Counsel for the Respondent Nos. 1 to 4: GP FOR FORESTS Counsel for the Respondent Nos. 5 to 8: GP FOR REVENUE APHC010849612017 WRIT PETITION NO: 35869 OF 2017 Between: Dasari Surendra, S/o Prasad, Aged about 50 Balayapalli Mandal, Venkatagiri. SPS Nellore District. Andhra yrs, R/o Bhyravam Village, j Pradesh ...Petitioner AND 1. The Government of Andhra Pradesh, Forest Amaravathi, Rep by its Principal Secretary. 2. The Divisional Forest Officer, SPS Nellore District 3. The Forest Range Officer, Venkatagiri, SPS Nellore District, Andhra Pradesh 4. The Conservator of Forest, Venkatagiri, SPS Nellore Pradesh 5. The Government of Andhra Pradesh, Revenue Department, Secretariat, Amaravathi, Rep by its Principal Secretary. 6. The Dist Collector SPSR Nellore Dist Andhra Pradesh, 7. The Revenue Division Officer, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh Department, Secretariat, Andhra Pradesh District, Andhra 5 8. The Tahsildar, Bhyravam Village. Balayapalli Mandal, Venkatagiri. SPSR Nellore District, Andhra Pradesh ...Respondents Petit,on under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction, more particularly one in nature of Writ of MANDAMUS declaring the action of the interfering with the respondents 2 to 4 peaceful possession and cultivation/harvesting over the land in Sy.No.150 situated at Bhyravaram Village & Post, Balayapalli Mandal, Venkatagiri, SPS Nellore District without following due process of law under Forest Writ Petitioner's laws or Revenue Laws inspite of as bad in law and violative of Article 300-A, representation dt.11-10-2017 Constitution of India and the Writ Petitioner to of consequently direct the respondents 2 to 4 to allow enjoy the land in Sy.No. 150 situated at Bhyravaram Village & Post, Balayapalli Mandal, Venkatagiri any hindrance whatsoever from SPSR Nellore District without any quarters, in the Interest of Justice. jA NO: 1 OF 2017rWPMP 44572 Qp 2017^ Petition under Section 151 CPC is filed praying that In the circumstahces stated in the affidavit filed in support of the petition, the High Court may be pleased to restrain the respondents 2 to 4 from interfering with the Writ Petitioner's peaceful possession and cultivation/ harvesting overt the land in Sy.No. 150 situated at Bhyravaram Venkatagiri, SPSR Nellore District, i of the Writ Petition. Village & Post, Balayapalli Mandal, in the interest of Justice, Pending Disposal jANO: 1 OF 201« Petition under Section 151 CPC stated in the affidavit filed i pleased to extend the interim is filed praying that in the circumstances in support of the petition, the High Court may be orders dt.11-12-2017, granted by this Hon'ble 6 Court until further orders, in the interest of Justice, Pending Disposal of the Writ Petition. lA NO: 2 OF 2ni« Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim orders dt.08-02-2018, granted by this Hon'ble Court until further orders, in the interest of Justice, Pending Disposal of the Writ Petition. lA NO: 1 OF 2071 Between: 1. The Government of Andhra Pradesh, Forest Department, Amaravathi, Rep by its Principal Secretary. 2. The Divisional Forest Officer, SPS Nellore District, 3. The Forest Range Officer, Venkatagiri, SPS Nellore District, Andhra Pradesh. Secretariat, Andhra Pradesh. ...Petitioners/Respondents AND 1. Dasari Surendra, S/o Prasad, Aged about 50 yrs, R/o Bhyravam Village, Balayapalli Mandal, Venkatagiri. SPS Nellore District. Andhra Pradesh. ...Respondent/Petitioner 2. The Conservator of Forest, Venkatagiri, SPS Nellore District, Andhra Pradesh. 3. The Government of Andhra Pradesh. Revenue Department Amaravathi, Rep by its Principal Secretary. 4. The District Collector, SPSR Nellore District, Andhra Pradesh. 5. The Revenue Division Officer, Balayapalli Mandal Nellore District, Andhra Pradesh. 6. The Tahsildar, Bhyravam Village, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh. , Secretariat, Venkatagiri, SPSR 7 ...Respondents/ Respondents (Respondent Nos.2 to 6 not necessary party in this petition) Petition under Section 151 CPC is fiied praying that in the circumstances stated in the atfidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 27.10.2017, passed in W.P.No. 35869 of 2017. Counsel for the Petitioner: M/S. PANGULURU RACHANA Counsel for the Respondent Nos. 1 to 4: GP FOR FORESTS Counsel for the Respondent Nos. 5 to 8: GP FOR REVENUE APHC010961362017 WRIT PETITION NO: 44192 OF 2017 Between: M.Masthanama, W/o Subramanyam Naidu, Aged about 55 yrs, R/o Bhyravam Village, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND 1. The Government of Andhra Pradesh Amaravathi, Rep by its Principal Secretary. 2. The Divisional Forest Officer, SPS Nellore District, Andhra Pradesh. 3. The Forest Range Officer, Venkatagiri, SPS Nellore District, Andhra Pradesh. 4. The Conservator of Forest, Venkatagiri Pradesh. Forest Department, Secretariat SPS Nellore District, Andhra 5. The Government of Andhra Pradesh Revenue, Amaravathi. Rep by its Principal Secretary. 6. The District Collector, SPSR Nellore District, 7. The Revenue Division Officer, r Nellore District, Andhra Pradesh. 8. The Tahsildar, Bhyravam Village, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh. Department, Secretariat Andhra Pradesh. Balayapalli Mandal, Venkatagiri, SPSR ...Respondents Petition under Article 226 of the Constitution in the circumstances stated i of India is filed praying that in the affidavit filed therewith, the High Court may or Direction, more particularly one in nature be pleased to issue a Writ, Order, of Writ of MANDAMUS declaring the interfering with action of the respondents 2 to 4 iin the Writ Petitioner's peaceful possession and cultivation/harvesting over the land in Sy.No.146-2A situated at Bhyravam Venkatagiri, SPS Nellore District without under Forest laws Village & Post, Balayapalli Mandal, following due process of law or Revenue Laws inspite of as bad in law and violative of Article representation dt. 05-12-2017 Constitution of India and the Writ Petitioner to 300-A of consequently direct the respondents 2 to 4 to enjoy the land in Sy.No.146-2A situated allow at Bhyravam Village & Post, Balayapalli Mandal, Venkatagiri, SPS Nellore District without any hindrance whatsoever from any quarters, in the Interest of Justice. jA NO: 1 OF 2017fWPMP UdiRa nc 2017 Petition under Section 151 CPC is filed praying that in the circumstances S ated in the affidavit hied in support of the petition, the High Court may be pleased to restrain the respondents 2 to 4 from interfering with the Writ e, loners peaceful possession and cultivation/harvesting overt the land in y- o. 6-2A situated at Bhyravam Viliage & Post Venkatagiri, SPS Nellore District, i of the Writ Petition. Balayapalli Mandal, in the interest of Justice, Pending Disposal 9 Counsel for the Petitioner: M/S. PANGULURU Counsel for the Respondent Nos. 1 to 4: GP FOR FORESTS Counsel for the Respondent Nos. The Court made the following Common Order: RACHANA 5 to 8: GP FOR REVENUE 1 APHC010849662017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 35583. 35869 & 44192 of 2017 W.P.No.35583 of 2017: Between: 1.R. SYAMKUMAR, S/0 BABU NAIDU, AGED ABOUT 35 YRS, R/0 BHYRAVAM VILLAGE, BALAYAPALLI MANDAL, VENKATAGIRI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.PRL SECY FOREST DEPT AMARAVATHI A P AND 7 OTHERS, FOREST DEPARTMENT, SECRETARIAT, AMARAVATHI, REP BY ITS PRINCIPAL SECRETARY 2.THE DIVISIONAL FOREST OFFICER, SPS NELLORE DISTRICT ANDHRA PRADESH. 3.THE FOREST RANGE OFFICER, VENKATAGIRI, SPS NELLORE DISTRICT, ANDHRA PRADESH. 4.THE CONSERVATOR OF FOREST, VENKATAGIRI, SPS NELLORE DISTRICT, ANDHRA PRADESH. 5.THE GOVERNMENT OF ANDHRA DEPARTMENT, SECRETARIAT, AMARAVATHI, PRINCIPAL SECRETARY. 6.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 7.THE REVENUE DIVISION OFFICER, BALAYAPALLI MANDAL PRADESH, REVENUE REP BY ITS 2 VENKATAGIRI, SPSR NELLORE DISTRICT. ANDHRA PRADESH. 8.THE TAHSILDAR, BHYRAVAM VILLAGE. BALAYAPALLI MANDAL. VENKATAGIRI. SPSR NELLORE DISTRICT. ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1.PANGULURU RACHANA Counsel for the Respondent(S): 1.GPFOR FORESTS (AP) 2.GPFOR REVENUE (AP) W.P.No.35869 of 2017: Between: 1.DASARI SURENDRA. SPSR NELLORE DIST. S/0 PRASAD. AGED ABOUT 50 YRS. R/O BHYRAVAM VILLAGE. BALAYAPALLI MANDAL VENKATAGIRI. SPS NELLORE DISTRICT. ANDHRA PRADESH ...PETITIONER AND 1.PRL FOREST DEPT AMARAVATHI AND AMARAVATHI. 7 OTHERS. FOREST REP BY ITS DEPARTMENT. SECRETARIAT. PRINCIPAL SECRETARY. 2.THE DIVISIONAL FOREST OFFICER. SPS NELLORE ANDHRA PRADESH 3.THE FOREST RANGE OFFICER. VENKATAGIRI DISTRICT, ANDHRA PRADESH 4.THE CONSERVATOR OF FOREST, VENKATAGIRI DISTRICT, ANDHRA PRADESH 5.THE GOVERNMENT DEPARTMENT, SECRETARIAT, PRINCIPAL SECRETARY. DISTRICT, SPS NELLORE SPS NELLORE OF ANDHRA PRADESH, REVENUE AMARAVATHI, REP BY ITS 6. THE DIST COLLECTOR SPSR NELLORE DIST ANDHRA PRADESH, - 7.THE REVENUE DIVISION OFFICER, BALAYAPALLI MANDAL, VENKATAGIRI, SPSR NELLORE DISTRICT, ANDHRA PRADESH 8.THE TAHSILDAR, BHYRAVAM VILLAGE, BALAYAPALLI MANDAL, 3 VENKATAGIRI. SPSR NELLORE DISTRICT, ANDHRA PRADESH ...RESPONDENT{S); Counsel for the Petitioner: 1.PANGULURU RACHANA Counsel for the Respondent{S): 1.GPFOR FORESTS (AP) 2.GPFOR REVENUE (AP) W.P.No.44192 of 2017: Between: 1.M.MASTHANARNA,, W/0 SUBRAMANYAM NAIDU, AGED ABOUT 55 YRS, RIO BHYRAVAM VILLAGE, BALAYAPALLI MANDAL, VENKATAGIRI. SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE GOVERNMENT OF ANDHRA PRADESH, FOREST DEPARTMENT, SECRETARIAT, AMARAVATHI, REP BY ITS PRINCIPAL SECRETARY. 2.THE DIVISIONAL FOREST OFFICER, SPS NELLORE DISTRICT, ANDHRA PRADESH. 3.THE FOREST RANGE OFFICER, VENKATAGIRI, SPS NELLORE DISTRICT, ANDHRA PRADESH. 4.THE CONSERVATOR OF FOREST, VENKATAGIRI, SPS NELLORE DISTRICT, ANDHRA PRADESH. 5.THE GOVERNMENT OF ANDHRA PRADESH REVENUE, DEPARTMENT, SECRETARIAT, AMARAVATHI, REP BY ITS PRINCIPAL SECRETARY. 6.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 7.THE REVENUE DIVISION OFFICER, BALAYAPALLI MANDAL, VENKATAGIRI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 8.THE TAHSILDAR BHYRAVAM VILLAGE, BALAYAPALLI MANDAL, VENKATAGIRI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4 ...RESPONDENT(S): Counsel for the Petitioner: 1.PANGULURU RACHANA Counsel for the Respondent{S): 1.GPFOR FORESTS (AP) The Court made the following: COMMON ORAL ORDER: Heard Sri Srinivas Ambati, learned Counsel appearing on behalf of Ms. Panguluru Rachana, learned Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Ms. Sravani, learned Assistant Government Pleader for Forest. The Writ Petitioners in these three Writ Petitions have a similar claim with the only difference in survey numbers. The claim made by the Writ Petitioners is opposed by the Department of Forest. This Court is of the opinion that the controversy in these Writ Petitions can be resolved only by conduct of a joint survey by the Department of Revenue and the Department of Forest in the presence of the Writ Petitioners. 2. In this regard, this Court is of the opinion that the present Writ Petitions can be disposed of, without going into the merit, with the following directions: 3. The Revenue Divisional Officer (Respondent No.7), with the help of Tahsildar (Respondent No.8) and local Surveyor and the Conservator of Forest, shall undertake a joint survey and with advance Notice to the Writ Petitioners and also in the presence of the Writ Petitioners, within a period of six weeks from today; There shall be a further direction that prior to the conduct of the survey, if the Writ Petitioners make any request for furnishing the Revenue Record or the Forest Record in advance, the concerned Officials shall supply certified copies of such documents to the Writ Petitioners before undertaking the joint survey; and. 5 The Report of the joint survey shall be communicated to the Writ Petitioners within four weeks after the conduct of the joint survey and the Writ Petitioners shall acknowledge the same. III. 4. It is also clarified that till the joint survey Report is supplied to the Writ Petitioners, the Official Respondents shall not initiate any coercive measures against the Writ Petitioners. 5. With these observations and directions, these Writ Petitions stand disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 6. Sd /- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Forest Department, Secretariat Amaravathi, Guntur. 2. The Divisional Forest Officer, SPS Nellore District, Andhra 3. The Forest Range Officer, Venkatagiri, SPS Nellore District Pradesh. 4. The Conservator of Forest, Venkatagiri, SPS Nellore District Pradesh. 5. The Principal Secretary Velagapudi, Amaravathi, Guntur. 6. The District Collector, SPSR Nellore District, Andhra Pradesh. 7. The Revenue Division Officer, Balayapalli Mandal, Venkatagiri, SPSR Nellore District, Andhra Pradesh. 8. The Tahsild^r Bhyravam Village, Balayapalli SPSR Nellore District, Andhra Pradesh. 9. One CC to M/s. Panguluru Rachana, Advocate [OPUC] 10. Two CCs to GP for Forests, High Court of Andhra 11. Two CCs to GP for Revenue, High Court of Andhra 12.Two CD Copies Velagapudi, Pradesh. Andhra Andhra Revenue, Department, Secretariat, Mandal, Venkatagiri, Pradesh [OUT] Pradesh [OUT] TF HIGH COURT DATED:03/07/2025 COMMON ORDER WP NOS. 35583, 35869 & 44192 OF 2017 *( l5JUL 20a rrent Section Co ^y DISPOSING OF THE W.P.s, WITHOUT COSTS