Buddula Venkamma, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 953 AP

         HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

              WRIT PETITION No.2527 of 2021

ORDER:

The petitioners claim the ownership of Ac.7.96 cents

of land in R.S.No.1457, Ac.3.55 cents of land in R.S.No.1459

and Ac.8.76 cents of land situated in R.S.No.1491/1 of East

Rekulakunta Village, Buttaigudem Mandal, West Godavari

District. They claim to have inherited the land from one late

Buddala Ganga Raju. It is the case of the petitioners that when

they are seeking to carry on agricultural operations in the above

land, the official respondents are interfering with their activities

and are insisting that permissions should be obtained from the

Tahsildar of Buttaigudem Mandal for cutting down the

Eucalyptus trees and transporting the same.

2. The learned Government Pleader had filed written

instructions given by the Tahsildar, Buttaigudem Mandal.

These instructions reveal that the lands in question are private

lands and the Government has no claim over the said lands. It

further reveals that the Tahsildar, Buttaigudem Mandal, under

the impression that permissions are required for cutting down

Eucalyptus trees and for transporting the same was not

permitting the petitioners to undertake any activities in their

lands.

3. Sri P.R.K.Amarendra Kumar, learned counsel for the

petitioners would point to a Judgment of this Court dated 2 RRR,J W.P.No.2527 of 2021

04.02.2021 in W.P.No.2011 of 2021 wherein it was observed

that transportation of Eucalyptus trees is exempted under

Schedule-II of the Andhra Pradesh Forest Produce Transit

Rules, 1970 and that no permission is required for felling of

Eucalyptus trees under Government Memo No.7175-A (RD-IV),

dated 11.06.2005 under the provisions of the Andhra Pradesh

Water, Land and Trees Act, 2002.

4. In these circumstances, this writ petition is disposed

of with a direction to the official respondents not to interfere

with the activities of the petitioners over the land admeasuring

Ac.7.96 cents of land in R.S.No.1457, Ac.3.55 cents of land in

R.S.No.1459 and Ac.8.76 cents of land situated in

R.S.No.1491/1 of East Rekulakunta Village, Buttaigudem

Mandal, West Godavari District including the cutting and

transport of Eucalyptus trees.

5. However, this order shall not affect any claims made

by any private parties in relation to the said land or Eucalyptus

trees and other agricultural growth in the said land.

6. Accordingly, the writ petition is disposed of. There

shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

18.02.2021 sdp