APHC010006522022 IN THE HIGH COURT OF ANDHRA PRADESH Friday, the Thirteenth day of March, Two Thousand and Twenty Six The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No.301 of 2022 Between: 1. Smt.M.Shankaramma, W/o.Sri Venkatarama Naidu, aged about 57 years, Occupation: House wife 2. K.Sridhar Naidu, S/o.srinivasulu Naidu, aged about 58 years, Occupation : Agriculture. 3. Smt.K.Lalithamma, W/o.Late Occupation : House wife 4. K.Ramanaiah Naidu, S/o.K.Ramaiah Naidu, aged about 59 years, occupation: Agriculture 5. R.Krishnamma Naidu, S/o. by his legal representative Naidu, aged about 42 years, Occupation : Agriculture. 6. Sri K.Devarajula Naidu, S/o.Ramanaidu, since died represented by his L.R.K.Uma Rani, W/o.Late K.Devarajula Naidu, aged about 53 occupation: Agriculture. (All petitioners are R/ Somala Mandal, Chittoor District, Andhra Pradesh.) 1. The State of Andhra Pradesh, represented by its Principal Secretary, Forest Department, Secretariat Buildings, Secretariat, Velagapud District. 2. The District Collector, Chittoor District, Chittoor, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) hirteenth day of March, Two Thousand and Twenty Six Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No.301 of 2022 Smt.M.Shankaramma, W/o.Sri Venkatarama Naidu, aged about 57 years, Occupation: House wife. K.Sridhar Naidu, S/o.srinivasulu Naidu, aged about 58 years, Occupation Smt.K.Lalithamma, W/o.Late Ramanaidu, aged about 66 : House wife. amanaiah Naidu, S/o.K.Ramaiah Naidu, aged about 59 years, occupation: Agriculture. R.Krishnamma Naidu, S/o.Changamma Naidu, since died represented legal representative R.Reddy Prasad, S/o.Late R.Krishnamma Naidu, aged about 42 years, Occupation : Agriculture. ri K.Devarajula Naidu, S/o.Ramanaidu, since died represented by his L.R.K.Uma Rani, W/o.Late K.Devarajula Naidu, aged about 53 occupation: Agriculture. (All petitioners are R/o.Chinnakammapalli, Peddaupparapalli Village, Somala Mandal, Chittoor District, Andhra Pradesh.) ...P and he State of Andhra Pradesh, represented by its Principal Secretary, Forest Department, Secretariat Buildings, Secretariat, Velagapud he District Collector, Chittoor District, Chittoor, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH [3311] hirteenth day of March, Two Thousand and Twenty Six Smt.M.Shankaramma, W/o.Sri Venkatarama Naidu, aged about 57 years, K.Sridhar Naidu, S/o.srinivasulu Naidu, aged about 58 years, Occupation Ramanaidu, aged about 66 years, amanaiah Naidu, S/o.K.Ramaiah Naidu, aged about 59 years, hangamma Naidu, since died represented R.Krishnamma ri K.Devarajula Naidu, S/o.Ramanaidu, since died represented by his L.R.K.Uma Rani, W/o.Late K.Devarajula Naidu, aged about 53 years, , Peddaupparapalli Village, ...Petitioners he State of Andhra Pradesh, represented by its Principal Secretary, Forest Department, Secretariat Buildings, Secretariat, Velagapudi, Guntur he District Collector, Chittoor District, Chittoor, Andhra Pradesh. 2 BSB,J W.P.No.301 of 2022 3. 2 BSB,J W.P.No.301 of 2022 3. The Andhra Pradesh Forest Departement, represented by its District Forest Officer, West Division-Chittoor, Andhra Pradesh. 4. The Forest Section Officer, Peddaupparapalli-Avulapalli village, Somala mandal, Chittoor District, Andhra Pradesh. 5. The Tahsildar, Somala Mandal, Chittoor District, Andhra Pradesh. 6. The Andhra Pradesh Forest Department, represented by its Range Officer, Punganur, Chittoor, Andhra Pradesh. ...Respondents Counsel for the petitioners: 1. J.M.Naidu Counsel for the respondents: Ms.Baliboyina Sravani, Assistant Government Pleader for Forests 3 BSB,J W.P.No.301 of 2022 The Court made the following order: This writ petition is filed under Article 226 of the Constitution of India to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 6th respondent in directing the petitioners to vacate the land in Sy.No.605 situated at Peddaupparapalli village, Somala mandal, Chittoor district, vide proceedings Rc.No.33 of 2021, dated 24.12.2021 based on the order dated 09.12.2019 passed in W.P.No.19636 of 2019 already set aside is highly illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners' land in Sy.No.605 situated at Peddaupparapalli village, Somala mandal, Chittoor district and pass such other order which this Court deems fit in the interest of justice. 02. The writ petition No.19636 of 2019 filed by the writ petitioners was disposed of on 09.12.2019 at the stage of admission with the order as follows: “At the stage of admission, learned Government Pleader for Forests requested this Court to issue a direction to Forest Department and Revenue Department to conduct joint survey after serving notice on the petitioners. In view of the request made by the learned Government Pleader for Forests, no further adjudication is necessary in this writ petition and it is suffice to direct the Forest and Revenue Departments to conduct joint survey of the forest lands with reference to the documents available with the departments after serving notice on the petitioners for conducting survey and complete the survey within a period of one (01) month from today. In the meantime, there shall be a direction not to disturb the possession of the petitioners. 4 BSB,J W.P.No.301 of 2022 With the above, the writ petition is disposed of. No costs”. 03. Aggrieved by the order, writ appeal in W.A.No.185 of 2020 was preferred by the writ petitioners. The writ appeal was disposed of on 15.06.2020 passing the following order: “ 5. Accordingly this Writ Appeal stands disposed of in terms of judgment dated 11.02.2020 passed in W.A.No.126 of 2020 and the matter is remitted back to the learned Single Bench. The interim order passed in W.A.No.126 of 2020 shall be applicable for the present appeal also. There shall be no order as to costs.” 04. The relevant part of the decision in writ appeal No.126 of 2020, dated 11.02.2020 reads as follows:- “Accordingly, we allow the writ appeal setting aside the order passed by the learned single Judge. The writ petition be restored to its file and on such restoration, the respondents to file their counter. Thereafter, the writ Court shall decide the writ petition in accordance with law. Till further orders by the writ Court, the direction issued by the writ Court not to disturb the possession of the writ petitioners, shall continue.” 05. As admitted by both the parties, the writ petition in W.P.No.19636 of 2019 stands restored. 06. In furtherance of the order in W.A.No.185 of 2020, the order dated 09.12.2019 in W.P.No.19636 of 2019 does not survive as it was set aside in the appeal as on 15.06.2020. However, ignoring the same, the impugned order dated 24.12.2021 was passed to implement the order dated 09.12.2019 in W.P.No.19636 of 2019 which was already set aside long back. Therefore, the present writ petition was filed challenging such illegal order. 07. The illegality of the impugned order in this writ petition is apparent and the order is liable to be set aside. 5 BSB,J W.P.No.301 of 2022 08. Ms.Baliboyina Sravani, the learned Assistant Government Pleader for Forests submitted to dispose of this writ petition as per the order dated 17.12.2025, in W.P.No.34546 of 2025. 09. Accordingly, the writ petition is allowed and the proceeding in Rc.No.33 of 2021, dated 24.12.2021 passed by the Forest Range Officer, Punganur is set aside. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 13.03.2026. GRL 6 BSB,J W.P.No.301 of 2022 148 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:301 of 2022 Date: 13.03.2026 GRL