High Court · 2025

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 pleased to issue a Writ. Order or Direction more particularly in the nature of Writ of Mandamus.-. a) To declare the action of Respondents more particularly Respondents No.2 to 4 in interfering with the peaceful possession and enjoyment of the House Bearing Door No.1'1-25 comprising of tea stall and open area in plot area of 250 square yards situated at Survey No.1167, Aswaraopeta Revenue Village, Aswaraopeta Gram Panchayath, Aswaraopeta Mandal, Kothagudem- Bhadradri District and bounded by East A Quarter in the possession of the Forest Department, South Boundary wall belonging to K.Shantamma. West. Check Post Room of the Forest Department, North . R and B Road as illegal, arbitrary and against articles 14.21 and 300-A of Constitulion of lndia. b ) To direct the Respondents more particularly the officials of the Respondents No.2 to I 4 not to interfer€! in peaceful possession and en.ioyment of the House Bearing Door No.11-25 comprising of a tea stall and open land in plot area of 250 square yards situated at Survey No.'1 167, Aswaraopeta Revenue Village. Aswaraopeta Gram Panchayath, Aswaraopeta Mandal. Kothagudem-Bhadradri District and bounded by East A Quarter in the possession of the Forest Department, South . Boundary wall belonging to K.Shantamma, West... Check post Room of the Forest Department. North . R and B Road lA NO: 1 OF 2025 Petition uncer Section 15'l CPC praying that in the circumstances stated in the affidavit file,C in support of the petition, the High Courl may be pteased to direct the Respondents No.2 to 4 not to interfere in peaceful possession and enjoyment of the l-.louse Bearing Door No.11-25 comprising of tea stall and open land in plot area of 250 square yards situated at Survey No.1162, Aswaraopeta Revenue Village, Aswaraopeta Gram Panchayath, Aswaraopeta Mandal, Kothagudem-Bhadradri District and bounded by East A euarter in the possession of the: Forest Department, South Boundary wall belonging to K.Shantamma, West . Check Post Room of the Forest Department, North . R and B Road, except in accordance to law the pending disposal of the above Writ Petition lA NO: 2 OF 2025 Petition under Section 148 of CPC u/s .151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the STATUS eUO dated 06-02-2025 by such further period Counsel for the Petitioner: SRl. SAI REDDY RAVINDAR REDDY Counsel forthe Respondent Nos. 1to4: AGp FOR FORESTS Counsel for the Respondent No.s: AGp FOR REVENUE The Court made the following: ORDER .l HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.641 OF 2025 ORDER: Heard Sri Sai Reddy Ravindar Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 to 4 and learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.5. 2 The oetitioner aDoroac hed the Court seekinq praver as under: ".......to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus:- a) To declare the action of Respondents more particularly Respondents No. 2 to 4 in interfering with the peaceful possession and enjoyment of the House Bearing Door No. 11-25 comprising of tea stall and open area in plot area of 250 square yards situated at Survey No.1167 Aswaraopeta Revenue Village, Aswaraopeta Gram Panchayath, Aswaraopeta Mandal, Kothag udem - Bhad rad ri District and bounded by East: A Quarter in the possession of the Forest Department, South: Boundary wall belonging to K. Shantamma, West: Check Post Room of the Forest Department, North: R and B Road as illegal arbitrary and 2 against articles 74, 2l and 300-A of Constitution of India. b) To direct the Respondents more particularly the officials of the Respondents No. 2 to 4 not to interfere in peaceful possession and enjoyment of the House Bearing Door No. 11-25 comprising of a tea stall and open land in plot area of 250 square yards situated at Survey No. l167 Aswaraopeta Revenue Village, Aswaraopeta Gram Panchayath, Aswaraopeta Mandal, Kothag udem -Bhad rad ri District and bounded by East: A euarter rn the possession of the Forest Department, South: Boundary wall belonging to K lihantamma, West: Check post Room of the Forest Depar.-ment. North: R and B Road. c) and pass such other order or orders...."

3. it is specific case of the petitioner that the Respondents No.2 to 4lre interfering with the peaceful ;tossession and enjoyment of the petitioner's House. Bearing Door No. 11-25 comprising oF tea stall and open area in plot area of 250 square yards situated at Survey No.1167 Aswaraopeta Revenue ',/illage, Aswaraopeta Gram panchayath, Aswaraopeta Mandal, Kothagudem-Bhadradri District and bounded by East: A Quarter in the possession of the Forest Department, South: Boundary wall belonging to 3 K.Shantamma, West: Check post Room of the Forest Department, North: R and B Road, the said action oF the respondent Nos.2 to 4 is illegal and arbitrary. Aggrieved by the same, the petitioner approached the Court by filing the present Writ Petition.

4. The counter affidavit has been filed on behalf of the 4th respondent and specific stand is taken that the petitioner herein is running a road side Biryani point namely 'BISMILLA CHICKEN DUM BIRYANI CENTRE" and is gradually making attempts to intrude into the land under the control and possession of the Forest Department for expansion of petitioner's kitchen on the western portion of the Forest Check post.

5. Learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos. 1 to 4 submits that the respondents may be granted liberty to proceed against the petitioner by following due procedure under law in the event petitioner encroaches the subject land under the controt and possession of the Forest Department. Ifl 4 I 6, Learned counset appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government pleader for Forests appearing on behalf of the respondent Nos. 1 to 4. PER ED TH RE ORD:- 7 a hi Co rt vide i o2 20 ion ro ervt or er interimorders in the pre ent Writ Petitio n inf avour of he eti su er "Statur;-quo as on today to be maintained in respect of House bearing Door No.11_25 comprising of tea stall and open land in plot area of 250 square yards situated at Survey No.1167, Aswaraopeta Revenue Village, Awaraopeta Gram panchayath, Awaraopeta Kotha g rrdem - Bhadradri District ti| 20.02.2025.,, Mandal, 8 This Court taking into consideration the submissions made by the iearned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader for Forests appearing on behalf of ) the respondent Nos.1 to 4 vacates the interim order dated O6.02.2O25 (referred to and extracted above) I \ 9 Takino into c nsideration: - a) The aforesaid facts and circumstances of the I I case. b) The submissions made by the Iearned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos. 1 to 4' c) The interim orders passed by this Court on

06.02.2025 in favour of the petitioner (referred to and extracted above). , ! The Writ Petition is disposed of directing the respondents to follow due procedure under law, in the event petitioner encroaches the subject land under the control and possession of the Forest Department. However, there shall be no order as to costs. I I 6 Mis:ellaneous petitions, if any, pending Petition, shall stand closed. t I I I in this Writ //TRUE COPY// SD/. V. KAVITHA PUTY REGISTRAR D (l ECTION OFFICER To, Telangana State Telangana tState Telangana State. - 1 Ih1: . Prrnr;ipal Secretary,. . Forests. Department Telangana State At - B.R.AmbedhkarSecretaria[, Hyderabad. 2. The Divisi.nar Forest officer, parvancha, Bhadradri Kothagudem District, 3. The Distrirl Forest officer, parvancha, Bhadradri-Kothagudem District, 4. The Forest Ranoe Officer, Aswaraopela, Bhadradri-Kothagudem District, 5. The Tahsildar, Aswaraopela Mandal, Bhadradr _Kothagudem District, 6. One CC to SRt. SAt RED^D_Y_RAV|NDAR REDDY, Advocate [OpLiC] 7. Two CCs lr, 6p ro* FORESTS,Htgh Co,,t foiihi-Strt".ot TLIJnsana at 8. Two CCs to'Gp FOR REVENUE, High Court for the State of Telangana, at 9. Two CD Copies Hyderabad IOUT.I Telangana State. BM Hyderabad iOUTI J Kfi, -F HIGH COURT DATED:0610312025 CC TODAY 1 t\E STA re ) O ,j 1 9 APR 2II[ a /t ,t^'.i__'^: ORDER WP.No.641 of 2025 DISPOS!NG OF THE WRIT PETITTON WITHOUT COSTS @ tq W l