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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11393 OF 2025 Between: Bojanki Yerakamma, W/o. Late B. Simhadri, Aged about 75 years, Occ House wife, R/o. No. 5-3, V. Kothuru Village, Tuni Mandal, Kakinada (East Godavari) District. ...Petitioner AND
1. The State Of Andhra Pradesh, and Represented by its Principal Secretary, Revenue Department, Secretariat. Velagapudi, Amaravathi Guntur District. 2. The District Collector, Kakinada (East Godavari) District, Kakinada. 3. The Tahsildar, Tuni Mandal, Kakinada (East Godavari) District. 4. The Divisional Forest Officer, Kakinada Forest Division, Kakinada (East Godavari) 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 a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in kept pendihg the petitioners application dated 18.12.2024 16.01.2025 for grant •of .perjnission i.e., Certificate of Ownership of Premises and Trees” to cut • •} the Sandal Wood Trees from the petitioner’s patta land an extent of f Ac^ 0;24 cents in Sy. No. 266-8 situated V.Kothuru village, Tuni Mandal Kakinada (East Godavari) District as illegal, arbitrary, unconstitutional and contrary to the guidelines under A.P. Forest Produce (Transit) Rules, 1970 and consequently direct the 3rd respondent to take appropriate steps on the petitioners application dated 18.12.2024 16.01.2025 while granting
“Certificate of Ownership of Premises and Trees in favour of the petitioner to cut down the Red Sandal Wood Trees legally. lA NO: 1 OF 2025 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 3rd respondent to issue permission i.e.. Certificate of Ownership of Premises and Trees to cut the Red Sandal Wood Trees over the petitioners private patta land admeasuring Ac. 0.24 cents in Sy. No. 266-8 of Kothuru Village, Tuni Mandal, Kakinada (East Godavari) District by duly considering his petitioner's application dated 18.12.2024 16.01.2025, pending disposal the Writ petition before this Hon'ble court. Counsel for the Petitioner: SRI.
G M SWAMULU Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR FORESTS The Court made the following Order:
APHC010218112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11393/2025 Between: Bojanki Yerakamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.G M SWAMULU Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR FORESTS The Court made the following:
i 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11393/2025
ORDER: This writ petition is fiied under Article 226 of the Constitution of the India seeking the following reiiefs;-
“to issue a Writ or direction more particulariy one in the nature of Writ of Mandamus declaring the action of the 3^^ respondent in kept pending the petitioners application dated 18.12.2024 & 16.01.2025 for grant of permission i.e., Certificate of Ownership of Premises and Trees to cut the Red Sandal Wood Trees from the petitioner’s patta land an extent of Ac.0.24 cents in Sy.No.266-8 situated V.Kothuru village, Tuni Mandal, Kakinada (East Godavari) District as illegal, arbitrary, unconstitutional and contrary to the guidelines under A.P. Forest Produce (Transit) Rules, 1970 and consequently direct the 37^ respondent to take appropriate steps on the petitioner’s application dated 18.12.2024 & 16.01.2025 while granting
“Certificate of Ownership of Premises and Trees” in favour of the petitioner to cut down the Red Sandal Wood Trees legally and pass such other order. Heard the learned counsel for the petitioner and the learned
2. Government Pleader for the respondents.
Learned counsel for the petitioner submits that the petitioner filed representations/applications dated 18.12.2024 and 16.01.2025 before the 3^^ respondent seeking for grant of permission i.e.,
3. Certificate of Ownership of Premises and Tress to cut the Red Sandal Wood Trees from the petitioner’s land an extent of Ac.0.24 cents in Sy.No.266-8 situated at V.Kothuru Village, Tuni Mandal, Kakinada (East Godavari) District. But, till date the 3'"'^ respondent
3 m- neittner considered the said representations/applications nor granted assignment. Hence, the present Writ Petition. Learned Government Pleader for the respondents furnished written instructions dated 25.04.2025 issued by the 3'”'^ respondent,
4. wherein it is stated as follows:
“In this regard, it is respectfully submitted that the present Petitioner Smt. Bojanki Yerakamma has filed an application for grant of permission to cut red sandal wood trees in land an extent Ac.0.24 cents in Sy. No. 266/8 of V.Kotturu Village of Tuni Mandal. In turn, for fixation of boundaries and possession of the petitioner, the mandal Surveyor has been directed to verify the physical possession as per her possession but the petitioner could not show boundaries of her land and it is not possible to confirm the rights over the land without fixation of boundaries of the subject land. It is further respectfully submitted that the application for certificate of Ownership to cut the Red Sandal Wood Trees will be
disposed within 10 days as per the procedure of survey and enquiry if the petitioner can show the boundary or any person authorized by the petitioner shows the boundary to the survey team. ” Having regard to the submissions made by the learned
5. counsel for the petitioner and on perusal of the written instructions submitted by the learned Government Pleader for the respondents. this Court is of the considered opinion, that to dispose of the writ petition, directing the respondents to consider and dispose of the
4 representations/applications dated 18.12.2024 and 16.01.2025, filed by the petitioner, after providing opportunity of hearing to both the parties, within a period of four (04) weeks from the date of receipt of a copy of this order. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
6. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To. 1 ■ The Principal Secretary, Revenue Amaravathi, Guntur District.
2. The District Collector, Kakinada
3. The Tahsildar, Tuni Mandal,
4. The Divisional Forest Officer, Godavari) District.
5. One CC to SRI. G M
6. Two CCs to GP FOR REVENUE [OUT]
7. Two CCs to GP for FORESTS,
8. Three CD Copies Department. Secretariat. Velagapudi (East Godavari) District, Kakinada. Kakinada (East Godavari) District. Kakinada Forest Division, Kakinada (East SWAMULU Advocate [OPUC] High Court Of Andhra Pradesh. High Court of Andhra Pradesh.[OUT] vna
HIGH COURT DATED:05/05/2025
ORDER WP.No.11393 of 2025 X 0 7 MAY 2025 % . Current section NSC’ DISPOSING OF THE WRIT PETITION WITHOUT COSTS