P. Dasaratha Rami Reddy v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 113 of 2012 ORDER:

Heard learned counsel for the petitioners, Government Pleader for Revenue, Government Pleader for Labour and Government Pleader for Forests. With the consent of all the parties, the main writ petition is heard at the admission stage itself. The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not taking any action to protect the Forest Poramboke Land admeasuring Ac.99.25 cents in Sy.No.349 and Ac.598.62 cents in Sy.No.265 of Mittathmakur Village, Gudur Mandal, SPSR Nellore District and allow it to be encroached, as arbitrary and illegal; and consequently direct the respondents to protect the said land by removing the encroachments.

The averments in the affidavit filed in support of the writ petition would show that land admeasuring Ac.99.25 cents in Sy.No.349 and Ac.598.62 cents in Sy.No.265 of Mittathmakur Village is classified as "Forest Poramboke" and the same is being used as grazing field and also for passage of cattle of the village to reach forest. It is stated that some of the Daliths and B.C. community people were allotted lands in the joint faming society. It is stated that instead of cultivating the said land they have given their lands to caste elders and some persons encroached on to the said land. It is stated that a representation dated 12.11.2011 came to be filed before the Collector, who directed the Mandal Revenue Officer to take appropriate action. Their inaction led to filing of the present petition.

A counter came to be filed by the second respondent stating

that as per records submitted, the above lands are classified as "Adavi Poramboke" and the lands are under the control of revenue department and that the Forest Department has nothing to do with the said land. However, it is further stated that the above said lands are classified as "Adavi Poramboke" in the revenue records and ownership lies with the Revenue Department and the diversion of the said lands will attract the provisions of Forest Conversation Act, 1980. It is further stated that when the second respondent perused the revenue records, it was seen from the pahani that the revenue authorities have sub-divided the survey number in collusion and regularized the encroachment.

The third respondent filed counter denying the averments in the affidavit filed in support of the writ petition. It is urged that as per the Fair Adangal of Mittathmakur village the total extent of land was classified as "Adavi Poramboke" (Un-reserved Revenue Forest) and "Gayalu" (Anadeenam). Out of the total extent of Ac.598.92 cents, an extent of Ac.336.84 was notified as reserved forest and the Forest Department took possession of the same by digging trenches around the border line. It is further averred that land to an extent of Ac.100.00 was granted mining lease for 20 years which expired in 1995. Others have applied for mining lease to the same extent of land afresh. It is said that the land sought for mining lease will not be useful for grazing cattle.

It is further stated that as the above land is forest poramboke, joint inspection with department of forest will be taken up and action will be initiated against the encroachers in accordance with law. The said counter was filed in the month of December, 2015. Subsequently, the Tahsildar after conducting joint inspection submitted a report to the Collector and is awaiting appropriate instructions.

encroachments. Though the Tahsildar in her report sought for allotment of land but the respondents are however directed to proceed independently un-influenced by the observations made in the report. The respondents are further directed to take appropriate action on the report submitted by the Tahsildar as early as possible, preferably, within a period of three months from the date of receipt of a copy of the order.

There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 08.02.2016 gkv