APHC010525972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Twenty Fourth day of December Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 27441 of 2025 Between: Guggilla Veera Bhadram ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. Putty Meghana Counsel for the respondents: 1. G.P. for Revenue 2. G.P. for Forests The Court made the following: 2 W.P.No.27441 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “…to issue a writ, order, or direction, more particularly one in the nature of a Writ of Mandamus: A) declaring the action of the respondents in seizing the petitioner‟s 1001 teak logs (63.292 Cubic Meters) in 2018 from his private patta land in Sy.No.50/6 of Lakshmidevipeta village, Yetapaka Mandal, Alluri Sitharamaraju District without following the due procedure prescribed under provisions of Andhra Pradesh Forest Act, 1967, as illegal, arbitrary, and void ab initio; B) further declaring the subsequent inaction of the respondents in failing to release the said 1001 teak logs (63.292 Cubic Meters) by considering the petitioner‟s representations, including the one dated 07.08.2025, as illegal, unreasonable and violative of Articles 14, 21 and 300-A of the Constitution of India; C) Consequently, directing the respondents to forthwith release the said 1001 teak logs (63.292 Cubic Meters) to the petitioner and pass.…” 2. The petitioner is the owner and possessor of agricultural land measuring Ac.20.50 cents in Sy.No.50/6 of Lakshmidevipeta Village, Yetapaka Mandal, Alluri Seetha Rama Raju District under a ryotwari settlement patta. The petitioner cultivated teak plantation in his land till 2018. Some unknown miscreants illegally felled the teak trees in the year 2018. The petitioner lodged a complaint with regard to the same in respect of 123 teak trees. The District Collector, East Godavari District passed an order for release of 123 teak logs imposing fine of Rs.5,000/- on the petitioner. The petitioner paid the penalty and the matter was closed. The 123 teak logs were 3 W.P.No.27441 of 2025 released. Approximately five months later, miscreants again felled the remaining teak trees. On receipt of information, the Tahsildar of Yetapaka Mandal inspected the site, seized the felled timber, and arranged for its transportation and deposited them at the office of the respondent No.5. The number of logs were officially recorded as 1001 measuring 63.292 cubic meters. The respondents failed to follow any due process of law after seizure of 1001 logs. No forest offence case was registered against the petitioner. No proceeding confiscating those teak logs was passed under the Andhra Pradesh Forest Act, 1967 (in short „the Act‟). The petitioner submitted representations both orally and written on several occasions to the concerned authorities since 2018 for release of the 1001 teak logs, but no response has come from the respondents. Hence this writ petition was filed. 3. On 15.10.2025, the learned Assistant Government Pleader for Forests placed on record a copy of written instructions of the respondent No.4 vide Rc.No.104/2019-C5, dated 03.10.2025, mainly stating that as per Section 28-B (1) (a) of the Act “no owner of any forest shall, without the previous sanction of the District Collector sell, mortgage, lease or otherwise alienate the whole or any portion of the forest or the forest produce.” As per Section 28-B(2) of the Act “no owner of any forest shall, without the previous permission of the District Collector, cut-trees or do any act likely to denude the forest or diminish its utility as a forest”. The petitioner without taking prior permission felled the trees in his patta land and consequently, the petitioner is subject to penal action. It is further stated that vide Ref.No.08/2019/NPK, dated 07.07.2001, the respondent No.5 submitted a report to the respondent No.4 stating that he had 4 W.P.No.27441 of 2025 submitted a report to the revenue and forest higher authorities to accord permission for transportation of the teak logs from the patta land of the petitioner; that the respondent No.4 instructed to inspect the patta land and enumerate teak tress / logs existing in the land; that the petitioner submitted a representation to the respondent No.4, dated 04.11.2020 stating that Deputy Range Officer, Nellipaka, accompanied by his staff, had orally instructed to transport the logs to the respondent No.5‟s office and the representation was communicated to the respondent No.5; that in turn, the respondent No.5 had submitted a report on 02.02.2021 giving measurement list of illegally felled 425 number of teak tress lying in the office of the respondent No.5; that 123 teak tress are lying in the patta land of the petitioner; that basing on these facts a proposal was sent to the District Collector, East Godavari, Kakinada by the respondent No.4 on 16.02.2021 and 30.12.2022 requesting to issue necessary order to take further action; and that since the subject land was previously within the jurisdiction of East Godavari District, presently after bifurcation of districts, is situated within the jurisdiction of District Collector, A.S.R. District / respondent No.3, correspondence would be made with the respondent No.3 to obtain necessary orders. 4. On 29.10.2025, the learned Assistant Government Pleader for Forests placed on record a copy of written instructions of the respondent No.4 vide Rc.No.104/2019-C5, dated 27.10.2025, wherein additionally, it is stated that enumeration list of 548 teak logs (425+123) was handed over to Sri P.Kavi Raju, the then Deputy Range Officer, Nallakunta Section, Nellipaka Range; that the Sub- divisional Forest Officer, Kunavaram had issued notices to the petitioner on 16.08.2025 and 01.09.2025 along with all necessary 5 W.P.No.27441 of 2025 documents and the petitioner had acknowledged the receipt of both the notices, but, failed to attend for the enquiry, may be with a mala fide intention and; that after enquiry a proposal would be sent to the respondent No.3 to issue necessary order in this regard. The written instructions further state about the title of the petitioner over the disputed land under the cloud stating that he has no right to purchase the land in the schedule area being a non-tribal person etc. 5. On 03.11.2025, the learned Assistant Government Pleader for Forests placed on record a copy of written instructions of the respondent No.4 vide Rc.No.104/2019-C5, dated 01.11.2025, reiterating the earlier contentions and further stating that the Sub- Divisional Forest Officer, Kunavaram had issued a notice dated 30.10.2025 to the then Forest Range Officer Sri V. Satya Prasad (retired) and to Sri Kammruddin the then Deputy Range Officer, Nallakunta Section of Nellipaka Range (retired), who held the charge during 2018 and said to have been reported to the respondent No.4 on 30.10.2018 and enquiry was proposed on 04.11.2025 to clear the ambiguity with regard to the then Forest Range Officer, Nellipaka about the inconsistency of availability of 425 teak logs as against 1001 teak logs in the patta land of the petitioner. 6. On 05.11.2025, the learned Assistant Government Pleader for Forests placed on record a copy of written instructions of the respondent No.4 vide Rc.No.104/2019-C5, dated 04.11.2025, in continuation of the earlier instructions, stating that Sri Satya Prasad had attended before the Sub-Divisional Forest Officer, Kunavaram, on 04.11.2025 and denied the signature on the letter dated 30.10.2018 in which 1001 teak logs had been reported to be 6 W.P.No.27441 of 2025 produced before the respondent No.5. It is reported that the petitioner had failed to attend for the enquiry. 7. On 17.11.2025, the learned Assistant Government Pleader for Forests placed on record a copy of written instructions of the respondent No.4 vide Rc.No.104/2019-C5, dated 14.11.2025 that 1001 teak logs were not produced before the respondent No.5 and that only 425 logs were produced during October, 2018 by the then Forest Range Officer, Nellipaka Range and permission was also granted with regard to 123 logs by imposing penalty. 8. On 05.11.2025, the learned Assistant Government Pleader for Revenue, placed on record a copy of written instructions of the respondent No.3 vide Rc.No.385/2025/DT(LC), dated 05.11.2025, wherein it was stated that permission for release of 400 to 500 teak logs had been reported by the Tahsildar, Yetapaka and another file is pending and necessary action would be taken in this regard on receipt of report of the respondent No.4. In these instructions, the fact that permission was granted to 123 teak logs was also mentioned. 9. On 05.12.2025, the learned Assistant Government Pleader for Revenue, placed on record a copy of written instructions of the respondent No.3 vide Rc.No.385/2025/DT(LC), dated 24.11.2025, wherein it is mainly stated that the case had been remanded back to the respondent No.4 to inquire into the aspects and the petitioner shall file F.I.R. and the outcome of the inquiry would be completed within 30 days. The written instructions further stated that the respondent No.3 had requested the respondent No.4 to submit a detailed enquiry report along with relevant portion of Act and Rules in force. 7 W.P.No.27441 of 2025 10. Today, i.e.., on 24.12.2025, the learned Assistant Government Pleader for Forests placed on record a copy of written instructions of the respondent No.4, dated 11.12.2025, stating that necessary instructions had been issued to the respondent No.5 to conduct a detailed enquiry into the alleged illegal felling of trees on receipt of instructions of the respondent No.3, dated 03.12.2025. It is further stated that a report from the respondent No.5 is awaited. The written instructions are accompanied by a copy of adangal report, wherein the subject land in Sy.No.50/6 is shown as government land. 11. As can been seen from the contentions of the petitioner and the respondents, there is dispute as to whether 1001 teak logs were seized in October, 2018 or only 425 teak logs were seized from the subject land. All the earlier correspondence shows that the petitioner is the patta holder of the said land and permission was also accorded for removal of 123 felled trees by paying penalty of Rs.5,000/-. Now, again, the petitioner‟s title over the land was subjected to enquiry. Admittedly, 425 logs are still available in the office of the respondent No.5 and they were placed thereafter seizing from the land claimed by the petitioner. 12. As per the legal procedure under Section 28-B of the Act, it is the respondent No.3 who has to accord permission and thus, the respondent No.4 addressed a letter to the District Collector for that purpose. Even according to the respondent No.3, the file regarding these teak logs is pending before him. After recent hearing and progress in the case, there is active correspondence between the respondent No.3 and the other officers. In any case, the file is still pending with the respondent No.3 and it is he who has to take a decision. 8 W.P.No.27441 of 2025 13. As the matter is pending for long time, for about seven years, the writ petition is disposed of directing the respondent No.3 to pass order, as per law, on the permission sought by the petitioner, without any further delay, not later than two (2) months from the date of receipt of copy of this order. The petitioner is given liberty to take recourse through separate proceedings, as per law, with regard to the unaccounted 576 number of teak logs. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________ B. S. BHANUMATHI, J Dt.24.12.2025 NSM 9 W.P.No.27441 of 2025 86 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 27441 of 2025 Dt.24.12.2025 NSM