Penmatsa Venkatapathi Raju v. The Divisional Forest Officer, Eluru Division,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19592 OF 2007 ORDER:

The writ petition is filed questioning the action of the respondents in entering upon the lands of the petitioners without issuing any prior notice or an opportunity of being heard.

The main grievance of the petitioners is that they are the owners of the properties situated in S.No.3 consisting of Zirayathi Metta Land situated in Singagudem Village, Lingapalem Mandal, West Godavari District for various extents as set out in para No.2 at page No.2 of the writ affidavit from the year 1978 and they have been enjoying the same. While things stood thus, in the month of August, 2007, the officials of the respondents 1 and 2 with the assistance of the 3rd respondent-police force without issuing any prior intimation entered into the lands of the petitioners and started making markings by using excavators and caused damage to the properties of the petitioners and when the petitioners resisted the acts of the respondents 1 and 2 with the assistance of the neighbour, the respondents 1 and 2 left the place while leaving a threat of visiting again. Hence, the present writ petition.

Heard the learned counsel for the petitioners and the learned Government Pleaders for Forest and Revenue (A.P). No counter-affidavit is filed by the respondents. Learned Government Pleaders for the respondents submit that as per the instructions, there is no interference whatsoever with the petitioners properties as on date. However, in future, if there is any thing found against the petitioners, necessary action will be taken in accordance with the law. In those circumstances, the writ petition is disposed of with a direction to the petitioners to approach the competent civil court seeking the relief against the specific persons, if there is any interference in future. No order as to costs.

Consequently, Miscellaneous Petitions pending, if any, in this writ petition shall stand closed.

______________________________ CHALLA KODANDA RAM,J Date:26.09.2016.

Gk

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19592 OF 2007 Date:26.09.2016 Gk