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2026 DAILYLAW 15363 (AP)

Pothuraju Nirmala @ Nirmala Devi @ Nirmalamma @ Zingiti Nirmala Devi v. The State of Andhra Pradesh

WP/2423/2026 · 2026-03-01

B S Bhanumathi

body2026

Judgment text

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APHC010033792026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Second day of March, Two Thousand and Twenty Six The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 2423 of 2026 Between: 1. Pothuraju Nirmala @ Nirmala Devi @ Nirmalamma @ Zingiti Nirmala Devi W/o Zangiti Lou 9-148a, Peddamakanam Street, Chagalamarri village & Mandal, Nandyal District, Andhra Pradesh 1. The State of Andhra Pradesh, represented by special chief secretary to Government, Environment, Forest, Science & Technology Department, Government of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra P 2. The Principal Chief Conservator of Forests & Head of Forest Force, Andhra Pradesh, Aranya Bhavan, Nagarampalem, Guntur, Andhra Pradesh-522508. 3. The Chief Conservator of Forests / Conservator of Forests, Kurnool Forest Circle, near Andhra Pradesh-518001. 4. The Deputy Director, Project Tiger, Nandyal, Nandyal District, Andhra Pradesh-518001. 5. The Tahsildar, Chagalamarri Revenue Mandal, Nandyal District, Andhra Pradesh-518001. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Second day of March, Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 2423 of 2026 Pothuraju Nirmala @ Nirmala Devi @ Nirmalamma @ Zingiti Nirmala Devi W/o Zangiti Lourdaih, Naidu, aged about 59 years, R/o.H.No. , Peddamakanam Street, Chagalamarri village & Mandal, Nandyal District, Andhra Pradesh – 518 553. ...Petitioner and The State of Andhra Pradesh, represented by special chief secretary to Government, Environment, Forest, Science & Technology Department, Government of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh -522 238. The Principal Chief Conservator of Forests & Head of Forest Force, Andhra Pradesh, Aranya Bhavan, Nagarampalem, Guntur, Andhra The Chief Conservator of Forests / Conservator of Forests, Kurnool State Guest House, Kurnool, Kurnool 518001. The Deputy Director, Project Tiger, Nandyal, Nandyal District, Andhra The Tahsildar, Chagalamarri Revenue Mandal, Nandyal District, Andhra ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH [3311] Monday, the Second day of March, Two Thousand and Twenty Six Pothuraju Nirmala @ Nirmala Devi @ Nirmalamma @ Zingiti Nirmala daih, Naidu, aged about 59 years, R/o.H.No. , Peddamakanam Street, Chagalamarri village & Mandal, ...Petitioner The State of Andhra Pradesh, represented by special chief secretary to Government, Environment, Forest, Science & Technology Department, Government of Andhra Pradesh, A.P.Secretariat, Velagapudi, The Principal Chief Conservator of Forests & Head of Forest Force, Andhra Pradesh, Aranya Bhavan, Nagarampalem, Guntur, Andhra The Chief Conservator of Forests / Conservator of Forests, Kurnool State Guest House, Kurnool, Kurnool District, The Deputy Director, Project Tiger, Nandyal, Nandyal District, Andhra The Tahsildar, Chagalamarri Revenue Mandal, Nandyal District, Andhra ...Respondents 2 BSB,J W.P.No.2423 of 2026 Counsel for the petitioner: 1. M/s.Leo Law Associates L.L.P. Counsel for the respondents: 1. Government Pleader for Revenue 2. Government Pleader for Forests 3 BSB,J W.P.No.2423 of 2026 The Court made the following Order: This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of mandamus, declaring action of respondents especially the respondent No.4 herein in not granting permission for felling and transporting of 10 teak wood trees and 2 red sandal wood trees situated in petitioner's agricultural land admeasuring Ac.5.00 cents in Sy.No.527/ 1 of Godiganuru Revenue Village, Chagalamarri Mandal, Nandyal District, Andhra Pradesh, in spite of complying all the requirements stipulated by the respondent authorities, and recommendation of the respondent No.5 herein, as the same is arbitrary, illegal and unconstitutional and against the well settled principles of natural justice, and consequentially, direct the respondents to grant permission to the petitioner for felling and transport of 10 Teak Wood Trees and 2 red sandal wood trees situated in petitioner’s agricultural land admeasuring Ac.5.00 cents in Sy No.527/ 1 of Godiganuru Revenue Village, Chagalamarri Mandal, Nandyal District, Andhra Pradesh, and pass such other order or orders which this Court deems fit in the interest of justice. 02. The case of the petitioner, briefly stated, is as follows:- The petitioner is the possessor and enjoyer of the agricultural land of Ac.5.00 cents situated in Sy.No.527/1 of Godiganuru Revenue village, Chagalamarri mandal, Nandyal District, Andhra Pradesh, having acquired the same by inheritance. Her name was mutated in the revenue accounts in respect of the said land by duly following the process of law. Pattadar pass book was also issued for khata No.172. The family of the petitioner planted teak saplings in this land. The plantation grew up and ready for harvesting. The petitioner approached the concerned authorities of the forest and revenue departments, including the respondents Nos.4 and 5, seeking permission to fell the trees in this land by submitting proper application by complying the 4 BSB,J W.P.No.2423 of 2026 requirements. After thorough examination of the application, the respondent No.5 issued proceedings vide Rc.B.561/2025, dated 16.06.2025 recommending and granting permission to fell the teak wood trees situated in the aforesaid land and to convert them into teak wood. Though the petitioner approached the respondent No.4 several times seeking permission in pursuance of the aforesaid recommendation of the respondent No.5, no permit has been granted. The petitioner secured information that the respondent No.4 had addressed a letter dated 25.09.2025 to the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa, seeking clarification regarding issuance of permission to fell the trees to the petitioner, as there was a case instituted by A.C.B. authorities against the husband of the petitioner with regard to the disproportionate assets. As per the Government order issued under G.O.Ms.No.8, Revenue (Vigilance-II) Department, dated 07.01.2021, this land was not attached by the Government. Therefore, there is no obstacle to grant permission to the petitioner. As such, the inaction of the respondents is arbitrary and illegal. Hence this petition was filed. 03. The learned Assistant Government Pleader for Revenue placed on record a copy of the written instructions of the Tahsildar (FAC), Chagalamarri mandal, Nandyal District / respondent No.5 wherein it is stated that the petitioner had submitted an application seeking permission as aforesaid; that the respondent No.5 had verified the revenue records and found that the land to an extent of Ac.5.00 acres in S.No.527 / 1 is recorded in the name of the petitioner with khata number 172 and after enquiring the matter, the Village Revenue Officer, Godigenur and the Mandal Revenue Inspector, Chagalamarri requested to give permission for felling and transporting the above said trees and in view of the same, this respondent gave permission for felling and transporting the above trees. 04. 04. Ms.B.Sravani, the learned Assistant Government Pleader for Forests place on record a copy of written instructions of the Deputy Director, Project 5 BSB,J W.P.No.2423 of 2026 Tiger, Nandyal vide Rc.No.1148 / 2025 / A6, dated 02.02.2026 wherein it was stated briefly as follows:- “The respondent No.5 while enclosing the application of the petitioner requested for grant of permission to fell 10 teak trees & 2 red sander trees in her agricultural field and then the Forest Range Officer, Rudravaram Range was requested to submit a detailed inspection report with test check along with the Sub-D.F.O., Rudravaram covering all the points as laid down in the Principal Chief Conservator of Forests, A.P., Hyderabad Circular No.1A / 2003 (Ref.No.5357 / 2003-F5), dated 22.04.2006 for taking further action. Sri Patti Narayana, Godiganuru village, Chagalamarri mandal, Nandyal District submitted a representation dated 08.07.2025, stating that the land is before the A.C.B. Court, Kurnool and requesting not to give permission for cutting the above trees. The petitioner submitted a representation dated 18.07.2025 to issue permission to fell the teak trees. A letter was addressed by this respondent vide Rc.No.1149 / 2025 / A6, dated 25.09.2025 to the Deputy Superintendent of Police, Anti Corruption Bureau (ACB), Kadapa range, Kadapa requesting to clarify whether the said land is before the A.C.B.Court for taking further action, but no clarification has been received. As such, once again a letter was addressed on 02.02.2026. After receipt of clarification from the Deputy Superintendent of Police, A.C.B., Kadapa range, Kadapa, action would be taken on the application of the petitioner.” 05. As can be seen from the G.O.Ms.No.8, Revenue (Vigilance-II) Department, dated 07.01.2021, the subject matter land was not attached in relation to the properties of the accused / husband of the petitioner which were attached. In fact, this property was also under consideration for getting it attached, however, basing on the entries in the revenue records, the subject property was not attached. 6 BSB,J W.P.No.2423 of 2026 06. The learned Assistant Government Pleader for Forests has taken time on the ground that the forest department sought clarification from the A.C.B. authorities regarding the subject matter land. However, no information has been received. As on date, the subject matter land is not attached by any Court or covered by the above said G.O. Therefore, without going into the merits of the claim and title of the petitioner, for the time being, as there is no obstacle for granting permission to the petitioner, there is no reason for delaying the grant of permission to the petitioner. 07. As such the writ petition is allowed directing the respondents to process the application of the petitioner as per law within one month from the date of receipt of the copy of this order. 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: 02.03.2026. GRL 7 BSB,J W.P.No.2423 of 2026 125 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:2423 of 2026 Date: 02.03.2026 GRL 8 BSB,J W.P.No.2423 of 2026