Gopala Mohan Rao and 57others v. The District Collector, Warangal District and 3 others

have not been considered and disposed of, the petitioners filed this Writ of Mandamus, directing the respondents to demarcate the lands in question by considering their representations. The learned counsel for the petitioners submits that in similar facts and circumstances, a learned single Judge of this Court disposed of W.P.14740/2004 by order dated 19.08.2004, directing the District Collector, Warrangal to issue necessary directions to the revenue officials to demarcate the land of revenue survey number and reserve forest area in consultation with the forest officials. The learned counsel requests to pass a similar order in this writ petition. I am not inclined to follow the said order, as the said writ petition is without adverting to any of the averments mentioned in the counters filed by the Forest Range Officer as well as the Mandal Revenue Officer. The Mandal Revenue Officer filed a counter stating that as per Sethwar and other revenue records, the land in Sy.No.1/1 of Pocharam village, H/o.Budharaopet of Khanapur Mandal, Warrangal District is found as reserve forest notified under Sec.4 of HFA/1967, and therefore, the question of demarcation of the said land as per the request of the petitioners does not arise, as it was a notified forest land under Sec.4 of the Forest Act and the objection of the officials of the Forest Department is quite natural and reasonable.

It is further stated that pursuant to the aforesaid orders in W.P.14700/2004 dated 19.08.2004, a joint inspection by the revenue and forest officials was conducted on 04.12.2004 and come to the conclusion that all the lands bearing Sy.No.1/1 are totally reserve forest notified under Sec.4 of the Forest Act. If that be so, the petitioners are not entitled for any relief. The Forest Range Officer also filed counter stating that the land in question is forest land notified under Sec.7 of the Hyderabad Forest Act dated 10th Mehar 1349 Fasli, corresponding to Sec.4 of the A.P.Forest Act, 1967 vide G.O.Ms.No.2224 dated 30.12.1345 Fasli and the same was declared as Pakhal Wild Life Sanctuary vide R.R.Department notification No.2257 dated 04.03.1952, and the said land is under the control and management of the Forest Department. Therefore, I am of the opinion that as the petitioners have not filed any revenue record showing their right, title and interest, they are not entitled for any relief as claimed for in this writ petition. I see no merit in this writ petition and the same is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 24.02.2011 Dsr