HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.14071 of 2008 Date: 22.01.2014 Between:
B. Ravi Kumar … Petitioner And The Forest Range Officer, Aswapuram Mandal, Khama district & others … Respondents HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.14071 of 2008 O R D E R:
This writ petition is disposed of with the consent of both the parties.
2. This writ petition was filed challenging the impugned notice in Rc.No.10/OR/08-09 dated 20.06.2008 issued by the first respondent directing the petitioner to vacate the hut erected illegally in the reserve forest area, situated at Sy.No.190 in Mondikunta, Nellipaka revenue village, within two days.
3. This writ petition was filed by the husband and wife. Second petitioner, who is the wife of the first petitioner, was elected as Sarpanch of the village in August, 2006. It is their case that due to political rivalry in the village, third parties prevailed upon the first respondent to issue impugned notice. They have erected a hut about four years back and they were residing in the hut since then. The place of the hut does not fall within the reserve forest area and it is within the revenue area of Mondikunta, Nellipaka revenue village in Sy.No.190.
4. The first respondent filed a counter stating that the petitioner erected temporary hut in the reserve forest of Nellipaka in Compartment No.4 and a case was registered against the accused under Section 20(1)C and Section 2 of the Forest Conservation Act, 1980, vide POR No.1898/98 dated 02.06.2008. The impugned notice is a notice issued to them for removal of the hut and it is a sufficient opportunity for them to remove the hut. The case was registered immediately after erection of the temporary hut in the presence of 2nd petitioner only. The latitude and longitude of the area where encroachment took place was taken and was superimposed in the forest map and it clearly shows that the encroached area falls in the reserve forest of Nellipaka and Compartment No.4.
5. Learned counsel for the petitioners submits that two days time granted by the first respondent is not sufficient and no prior notice to show cause was given. In the facts and circumstances of the case, this writ petition is disposed of directing the petitioners to submit their explanation treating the impugned notice as show cause notice, within a period of two weeks from the date of receipt of a copy of this order and upon considering the explanation submitted by the petitioners, the first respondent shall take necessary action in accordance with law.
6. With the above direction, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: 22.01.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 0 WRIT PETITION No.14071 of 2008 Date: 22.01.2014 BSS