IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.2571 of 2012 BETWEEN Taddi Ramu.
AND ... PETITIONER The Tahsildr, Mentada Mandal, Mentada Village, Vizianagaram District.
...RESPONDENTS Counsel for the Petitioner: SMT. P. RAJESWARI Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:
ORDER:
Heard.
2. Petitioner submits that his mother, his elder brother and himself are absolute owners of an extent of Ac.0.09 cents in Sy.No.63/4, an extent of Ac.1.50 cents in Sy.No.63/5 and an extent of Ac.0.30 cents in Sy.No.63/7 of Rabanda village, Mentada Mandal, Vizianagaram District.
Petitioner states that there was some civil litigation between some third parties and themselves and the same ended in their favour. Petitioner, therefore, submits that to clear off the debts, they had contemplated to dispose off the standing trees on the said land. Petitioner states that though he made an application dated 21.10.2011 to the Tahsildar to permit him to cut the trees to enable the purchasers to take away the trees, the said application remained undisposed and hence, alleging inaction on the part of the respondents, this writ petition was filed.
3. On 02.02.2012, notice before admission was ordered by this Court and thereafter, the matter was listed twice and today, the learned counsel for the petitioner has appeared to make submissions, as above.
4. Learned Assistant Government Pleader, who has received instructions, submits that the petitioner is required to make an application under the Water, Land and Trees Act (for short ‘the Act’) in the prescribed format by paying the requisite fee and if such an application, as per rules framed under the Act, is made, the respondent would consider the same and pass appropriate orders.
5. Hence, in view of the above, the petitioner is permitted to make an application as per the Act and the Rules thereunder by paying necessary fees and if such an application is made, the respondent/Tahsildar shall consider the same and pass appropriate orders thereon, expeditiously, within a period of two (2) months from the date of receipt of such application.
The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 2, 2014 DSK