APHC010208452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Friday, the Eighth day of May Two Thousand and Twenty Six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 10927 of 2026 Between: K. Satya Rao and others ...Petitioners And The State of Andhra Pradesh and others ...Respondents Counsel for the petitioners: 1. V. V. N. Narayana Rao Counsel for the respondents: 1. G.P. for Revenue 2. G.P. for Forests The Court made the following: 2 W.P.No.10927 of 2026 ORDER: The writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue a writ, order or a direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No. 6 to sale of right to collect, store and remove the usufruct of cashew from Theeda R.F., Compartment No.589, cashew plantation of Anakapalli Range during 2026 season in favour of the respondents Nos. 11 and 12 through confirmation order in Rc.No.3060/2025-A7 (iv), dated 02.03.2026 respectively is highly illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. Forest Act, 1967, apart from violation of Articles 14 and 21 of the Constitution of India and set aside the same, consequently direct the respondents No. 1 to 4 to conduct survey of Tamaram Village RVM and Bheemaboinapalem RVM and to declare Tamaram Revenue Village as Revenue Poramboke, pursuant to the representations dated 23.03.2026 made to the respondents Nos. 1 to 4 and to pass…” 2. The case of the petitioners is, stated briefly, as follows: a. The petitioners are farmers cultivating cashew plantation in Thamaram Revnue Gap Area, Tida Village in Makavarapalem Mandal for the past 72 years. b. The Government, in exercise of powers under Section 15 of the Andhra Pradesh Forest Act, 1967 (in short “the Act, 1967”) issued a notification declaring certain forest block in Visakhapatnam Range as reserved forest, which was published in the district gazette dated 30.01.1985. The notification included villages such as Papayyapalem, Burugupalem, Paidipala, Venkannapalem, Bheemaboinapalem, Tida, 3 W.P.No.10927 of 2026 Settipalem, Totakurapalem and Appannadorapalem. In respect of Tida Village, land in Sy. Nos. 296/1 and 296/2 admeasuring Ac.3.65 cents, Ac.983.15 cents respectively was classified as poramboke land. c. Before issuing the notification under Section 15, the mandatory procedure prescribed under Sections 4 to 13 of the Act, 1967, including publication of preliminary notification, appointment of Forest Settlement Officer, calling for objections, enquiry into claims and determination of rights, was not properly followed by the respondents. d. In criminal proceedings initiated by the forest department against Jakkayya Lakshmana Rao, the forest authorities themselves admitted that lands of Makavarapalem, Tamaram and Kothapalem Villages do not fall within the reserved forest area and that Tida Village falls under Khasimkota Mandal. e. Upon request for survey, the Mandal Surveyor, Makavarapalem, by report dated 20.03.2026, noted discrepancies in village boundaries and recommended a detailed survey by higher authorities. Representations dated 23.03.2026 were submitted to the respondents seeking proper survey and demarcation, but the same are still pending consideration. Since the petitioners and villagers have raised and maintained the cashew trees, they are entitled to collect the usufruct therefrom. f. The land in Sy. Nos. 296/1 and 296/2 of Tida Village is poramboke land and that the petitioners and other villagers have been in occupation and enjoyment of the same from time immemorial by raising cashew plantations for their livelihood. Despite the same, the forest authorities conducted public auction of cashew in Tida and Gandipeta areas under the compartment No.589 condemning the livelihood of the petitioners. Aggrieved by the same, this writ petition was filed. 4 W.P.No.10927 of 2026 3. Sri Balu Anil Kumar Palla, learned counsel, submitted that he would file vakalat for the respondent No. 11 today. 4. Ms. Baliboyina Sravani, learned Assistant Government Pleader for Forests, placed on record a copy of written instructions of the respondent No. 6 vide Rc. No. Court Case/2026/A7, dated 23.04.2026, stating that the issue relating to Jakka Lakshmana Rao in Thamaram Village of Makavarapalem Mandal as mentioned by the petitioners is pending in C.C.No.507 of 2019 on the file of the Court of XI Metropolitan Magistrate. She further submitted that the land to an extent of Ac.3079.60 belongs to the forest department and the auction of cashew garden which was conducted by the forest department is covered in the forest area as per the gazette notification. 5. The learned Assistant Government Pleader for Revenue placed on record a copy of written instructions of the respondent No.10 vide Rc. No. 93/2026/SA/dated 28.04.2026. Relevant part of the instructions reads that Theeda Reserve Forest, compartment No.589, consists of Theeda Village of Kasimkota Mandal in Sy. No. 296/1 and Sy. No. 296/2 and the villages of Makavarapalem Mandal namely Settipalem, Bheemaboinapalen, Tamaram, out of which the boundary between the lands of forest and revenue has to be demarcated and that soon after receipt of orders or instructions from the higher authorities for fixation of the boundary, a joint inspection and survey will be conducted. 6. The learned counsel for the petitioners requested to dispose of the representations given by the petitioners to those authorities, copies of which are annexed to the writ petition, after taking assistance from all the departments concerned, within a reasonable time fixed by this Court. 5 W.P.No.10927 of 2026 7. In view of the above submissions, the writ petition is disposed of directing the respondents Nos. 2 to 4 to pass a reasoned order on the petitioners’ representations dated 23.03.2026 submitted to the Revenue Principal Secretary; Principal Chief Conservator of Forests; Survey and Settlement Commissioner; Chief Commissioner of Land Administration, Andhra Pradesh, within three (03) months from the date of receipt of copy of this order by taking necessary information and assistance from the departments concerned and also giving opportunity of hearing to the petitioners. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 08.05.2026 Note: Issue C.C. by 18.05.2026. b/o NSM 6 W.P.No.10927 of 2026 77 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 10927 of 2026 Dated: 08.05.2026 Note: Issue C.C. by 18.05.2026. b/o NSM