G. SUKANYA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition filed seeking writ of mandamus declaring the action of the 2nd respondent passing a eviction order dtd. 4/8/2012 under proceedings Rc.No.101/R3/FP directing the petitioner to vacate the land admeasuring 1.09 " Gts. in Survey No.214/AA situated at Komatpally (V), Ramayampet Gram Panchayat and Mandal, Medak District bounded by North: Agriculture land of vendor, South Land of Vajra Stone Crusher, East: National Highway No.7 (New 44), West: Agriculture land of vendor as illegal, unlawful, arbitrary and violative of Article 300-A of the Constitution of India, with a consequential direction to set aside the eviction notice dtd. 4/8/2012 as issued by the 2nd respondent herein in his proceedings No.Rc.No.101/R3/FP in the interest of justice.

(2.) Heard Sri Eranki Phani Kumar, learned counsel for the petitioner, learned Assistant Government pleader for Forest appearing on behalf of respondent Nos.1 to 4.

(3.) Learned counsel for the petitioner vehemently contended that respondent No.2 issued a show cause notice dtd. 27/3/2012, stating that as per the rules, no permanent construction is allowed within the forest area and no permission was given by the Forest Department to the petitioner to erect M/s Jai Hanuman Filling Station under the dealership of Bharat Petroleum Corporation at Compartment No.141 within forest range. In spite of the same, the petitioner has erected a permanent structure like petrol bunk in contravention to the Rules. Hence, directed the petitioner to submit explanation within a period of seven (7) days as to why the action should not be taken to remove the construction from the encroached land as per Sec. 20(3) of Andhra Pradesh Forest Act, 1967.