Polina Nageswara Kadapa Dist And 6 Others v. Prl Secy Forest Dept Hyd And 2 Others

THE HONOURABLE MR JUSTICE CHALLA KODANDA RAM WRIT PETITION No.4266 of 2016

ORDER

This writ petition is filed seeking to declare the action of the respondents in trying to close the trench and level the bund of Patamata Reserve Forest near the agricultural lands of the petitioners at Botumeedpalli Village, Obulavaripalli Mandal, Cuddapah District, as illegal and arbitrary.

2. It is the case of the petitioners that they are the owners and possessors of agricultural lands in Sy.Nos.12,14,15, 29 and 31 of Botumeedapalli Village, Obulavaripalli Mandal, which are abutting to the reserve forest.

The forest department dug a trench separating the agricultural lands from the reserve forest area for the purpose of harvesting the rain water and to recharge the ground water apart from preventing the public, farm animals along with bullock carts and other vehicles in order to protect the forest. While so, the forest department is making efforts to close the trench and level the bund near the agricultural lands of the petitioners for the benefit of few individuals from entering into the forest with their vehicles. The grievance of the petitioners is that if the trench is closed, it will cause damage to their crops. Hence, they filed the present writ petition.

3. The third respondent filed counter affidavit denying the action on the part of the respondents in closing the trench. On the other hand, it is the assertion of the third respondent that the

trench work was taken up in the boundary of Chitvel Extention in order to prevent the smugglers from illegal transportation of red sanders in that area and also to recharge the ground water level in the adjoining fields. It is also further asserted that the forest department has taken up the trench work only in reserve forest areas and not in private lands and is not closing the trench anywhere.

4. In the light of the stand taken by the respondents in their counter-affidavit that they do not have any plan to close the trench, the grievance of the petitioners stands redressed and no further orders are passed in this writ petition.

5. Hence, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

_______________________ CHALLA KODANDA RAM, J 14th March, 2016 sj