NARASIMHA RODDY Vs. DISTRICT FOREST OFFICEI CHITTOOR

JUDGEMENT

(1.) This revision petition is sought to be preferred against the judgment and decree in A.S. No. 90/1975 on the file of the Court of the Additional District Judge, Chittoor.

(2.) Thumb North Forest Block comprising 10,000 acres in Bangarapalem Sub-Taluk of Chittoor District was notified under Section 4 of the Andhra Pradesh Forest Act, 1967 in G.O.No. 1133 Agriculture dated 7-6-1971 as reserve forest. A proclamation under Section 6 of the Act was published in the District Gazettee on 3-6-1964 and in the Taluk Office on 16-6-1964 inviting claims and objections. The petitioner herein (Narasirnha Reddy) filed a petition dated 15-4-1975 for exclusion of 45 acres in respect of which he claims ownership. The Forest Settlement Officer passed orders on 22-5-1979 for the exclusion of the said area of 45 acres from the reserve forest. Aggrieved with the orders of the Forest Settlement Officer, the District Forest Officer, Chittoor preferred Appeal A.S 90/1975 before the District Judge, Chittoor. The Additional District Judge allowed the appeal. Aggrieved with the said judgment and decree of the Additional District Judge, the respondent in that appeal preferred this revision,

(3.) Originally the petitioner sought to prefer second appeal. But the Office took an objection with the contention that the second appeal is not maintainable on the ground that statute specifically stated under sub-section (3) of Section 13 of the Andhra Pradesh Forest Act (hereinafter referred to as the Forest Act) that the judgment and decree of the District Court in the appeal preferred against the order of the Forest Settlement Officer is final and hence the second Appeal is not maintainable.