1. T. Sudershan v. 1. THE STATE OF TELANGANA
Case Details
Acts & Sections
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be I _4-20 pleased to issue a writ order or direction, more particularly one in the nature of writ of mandamus declaring the action of the in non allowing the petitioners into the agricultural land, which cultivating from several decaJes to titL tooay ror dwellers livelihood and non- granting the pattas of the agriculturat tano to lr,L r,t Petitioner to an extent of Ac gts situated in sy.No. iz or tne eturu r.lagaram village and Mandal,Mulugu District, to the 2nd peiitioner to an extent ot ai +-lz gts situated in Sy.No. 12 of the Eturu Nagaram viilage and Mandar,Murugu District, 3rd Petitioner to an extent of Ac 4-35 gts situated in sy.No. i. of the Eturu Nagaram Virrage and Mandar,Murugu District, 4th petitioneito an extent of Ac 4-35 gts situated in Sy.No. r2 of the Eturu Nagaram virrate- ana Mandat,Mulugu District, 5th petitioner to an extent of Rc i-ss gt, iiir';"i in Sy.No. 12 of the Eturu Nagaram Viilage and Mandar,MurugJ Distri;t. 6th Petitioner to an extent of Ac 4-35 gts situated in sy.No. 12 of the"Etuiu r.rr!L.r, Village and Mandar,Murugu District, 7th petitionei to an extent of Ac 4-55 gts situated in sy.No. 12 of the Eluru Nagaram Village and Mandal,Mulugu oiitrict, Bth Petitioner to an extent of Ac 4-35 gts situaied in sy.No. iz or"$," iir, Nagaram Village and Mandar,Murugu Disirict, in the jurisdittion of V schedure of constitution of lndia under the provisions of the Tribes ano- oG"r" Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, and Rules 2008 as amended time to time as an ifiegar, unjust,- uniair, unreasonabre, ex- facie, irrational, whimsical, unilateral and in violation of principles of naiuial justice, and in violation of provisions of the schedule Tribes and other Traditional Forest. Dwellers (Recognition of Forest Rights) Act 2006 and Rures 2008 as amended time to time and in violation of Article '14 21, and 300 A of the constitution of India and against the catena of judgments of an Apex court and this Honorable court and consequenfly, direct the respondents to giant the pattas to the petitioners, which is cuttivating the tand as Scheduled r;ibe;nl';ther Traditional Dwellers under provisions of the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, and Rules 2008 as amended time to time. -Schedule IANO:1O F 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, irre uign court may uu jr"r"LJ to direct the respondents to consider the representations of the petitioners, daied: 05-01-2023, 23-05-2024 and 24-05-2024 to consider and allc,w ihe petitioners into the agricultural land for cultivate the same for their livelihood, which is cultivating each petitioners to an extent of Ac 4-20 gts situated in Sy.irJo. rz or ftre Eturu Nagaram Village and Mandal, Mulugu District forthwith. Counsel for the Petitioner: SRI pRABHAKAR CHIKKUDU Counsel for the Respondent No.1: Gp FOR SOCIAL WELFARE Counsel for the Respondent No.2,3 & 5: Gp FOR FOREST Counsel forthe Respondent No.4 & 6: Gp FOR REVENUE The Court made the following: ORDER I -7 ORDER: HON'BLE MRS ]USTICE SUREPALLI NANDA WRIT P TITION No.59 7 0F 202s Heard Sri Chikkudu Prabhakar, learned counset appearing on behalf of the petitioners, learned Government Pleader for Social Welfare, appearing on behalf of respondent No.1, learned Government pleader for Forest, appearing on behalf of respondent Nos.2, 3 and 5 and the learned Government Pleader for Revenue, appearing on behalf of respondent Nos,4 and 6.
2. The oeti oners aooroached the Court seekino Draver as u n der: "...to issue a writ order or direction, more particularly one in the nature of writ of mandamus declaring the action of the in non allowing the petitioners into the agricultural land, which cultivating from several decades to till today for dwellers iivelihood and non-granting the pattas of the agricultural land to the 1't Petitioner to an extent of Ac.4-20 gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal. Mulugu District, to the 2nd petitioner to an extent of Ac.4-12 gts situated in Sy.No.12 of the Eturu lrlagaram Village and Mandal, Mulugu District, 3.d petitioner to an extent of Ac.4-35 gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal, Mulugu District, 4th petitioner to an extent of Ac.4-35 gts situated in Sy.No.12 of the Eturu f / 2 SN,J wp 597 2025 Nagaram Village and Mandal, Mulugu District, 5th Petitioner to an extent of Ac.4-35 gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal, Mulugu District, 6th Petitioner to an extent of Ac.4-35 gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal, Mulugu District, 7th Petitioner to an extent of Ac.4-35 gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal, Mulugu District, 8th Petitioner to an extent of Ac.4-35 gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal, Mulugu District, in the jurisdlction of V Schedule of Constitution of India under the provisions of the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and Rules 2008 as amended time to time as an illegal, unjust, unfair, unreasonable, ex-facie, irrational, whimsical, unilateral and in violation of principles of natural justice and in violation of provisions of the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules, 2008 as amended time to time and in violation of Article 14, 21 and 300-4 of the Constitution of india and against the catena of judgments of an Apex Court and this Honorable Court and consequently, direct the respondents to grant the pattas to the petitioners, which is cultivating the land as Scheduled Tribe and other Traditional Dwellers under provisions of the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and Rules 2008 as amended time to time and pass such other order or orders as this Hon'ble Court may deem fit proper and proper in the circumstances of the case." \ r I \ ,Try J SN,J wp 597 2025 3. It is the specific case of the petitioners that the petitioners vide representations dated 05.01.2023, 23,05.2024 and
24.05.2024, requested the respondents to allow the petitioners into the agricultural land for cultivating their land for their livelihood pertaining to the land to an extent of Ac.4.2O guntas situated in Sy.No.12 of Eturu Nagaram Village, Mulugu District. However, though the said representations had been acknowledged by the office of the respondents herein, the same had not been considered till date.
4. Learned Assistant Government Pleader for Forest submits that the writ petition could be disposed of directing the respondents to consider the representations of the petitioners dated 05.01.2023,
23.05.2024 and 24.O5.2024 in accordance to law within a reasonable period.
5. Takino into con si deration: a) The submissions made by the learned counsel appearing on behalf of the petitioners and, \ b) The submissions made by the learned Assistant \ Government Pteader for Forest, i c) The contents of the representations of the petitioners dated 05. O 1 .2023, 23.O5.2O24 and 24.05.2024, -1 SN.J rvp_597_2025 The writ petition is disposed of directing the respondents to consider the grievance of the petitioners as put forth vide petitioners, representations dated o5.01 .2023, 23.O5.2024 and 24.O5.2O24 to allow the petitioners into the agricurturar rand for curtivating the same for their riverihood pertaining to the land to an extent of AC.4_ZO gts situated in Sy.No.12 of the Eturu Nagaram Village and Mandal, Mulugu District in accordance to law as per the provisions of the Schedule Tribes and other Traditionat Forest Dwellers (Recognition of Forest Rights) Act, 2o06, and Rures 2oog as amended from time to time and which are in force as on date, within a period of two (2) weeks from the date of receipt of a copy of this Order and duly communicate the decision to the petitioner. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any, pending in the Writ petition shpll also s !an d. closed. SD/.A.V.S. PRASAD //TRUE CoPY// AqSPTANT REGTSTRAR .\ u SEeno=lr oFFtcER \. '1 IIg P.rl"jpg! S_ecretary, Tribat Wetfare Department, rHE STATE OF TELANGANA. Dr B.R Ambedkai S;;;ta;5i'slilb"o, Hyderabad 2. The Pri ncipa I Sec reta rv ro iesioepJrtnGni,'f"nt' Sirt" of Teta nga na, . p1 B*,Aqbedkar Secietariri, srirSoii,'ii;ilrj;; ' ,ll!"ll|:Hal chief conservator of Forest, state oflehnsana, Birta Mandir, 4. The District Collector, Mulugu District, Telangana State. 5. The Distri.ct Forest officer, Mrrrg-,1 Dirtii;ilitTa,iqIn, stat". o. rhe Tahsitdar, Eturu Nrs;A;iil),-ffijLri,j b[ilXi 7 I \ ;,nitclil'e'lffi il#th'ffiil*#*ffi d:#''- ,'', f?'o1,"oo'* BN LS @x HIGH COURT DATED:0810112025 ORDER WP.No.597 ot 2025 I '7, f. I t\1 e S T A i 6 o I ? J AIi 2025 c, + a t D Es 6Oc T DISPOSING OF THE WRIT PETITION WITHOUT COSTS