High Court · 2025

Judgment

5. The State of Telangana, rep. by its Principal Secretary, Forest Department, Secretariat, Hyderabad. The Principal Chief Conservator of Forests, (Vigilance), Aranya Bhavan, Saifabad Hyderabad The District Collector, Bhadradri Kothagudem District at Kothagudem. The District Forest Officer, Bhadradri Kothagudem District. The Forest Divisional Officer O/o the Divisional Forest Office Paloncha, Bhadradi Kothagudem District. ...RESPONDENTS

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent authorities in taking action with regard to the illegal encroachment of the forest land situated beside Sivalayam temple, within Paloncha Municipality Paloncha Forest Range, Paloncha East Beat and constructed the RCC building and doing business in the name of "lndu Parupula Factory" and doing real estate business' inspite of the written representation dt.6-2-2o24 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and cons.equently direct the 1 'rtr- :' t ' respondent authorities to forthwith remove the entire encroachments and to resume the entire land by taking action against the culprits as per Law. IANO:1 OF 2025 Petition under Secl in the arridavit ri"d ";;;';,fH:l::^Iil H;T::H:."1"J direct the respondent authorities to consider and take appropriate action writren representation dt. 6/2t2o24pendins disposat of the main ;T:::*-e SRI KARUNAKAR REDDY Counsel for the petitioner: Counsel for the Respondent No.I, 2, 4 & S:Gp FOR FORESTS Counsel for the Respondent No.3: AGp FOR REVENUE The Court made the following: OROER I I l HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITIO N No.27O5 OF 2025 ORDER: ' Heard Sri. Karunakar Reddy, Iearned counsel appearing on behalf of the petitioner, learned Governntent Pleader for Forest, appearing on behalf of respondent Nos.l, 2, 4, and 5 and learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.3.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent authorities in taking action with r.egard to the illegal encroachment of the forest land situated beside Sivalayam temple, within Paloncha Municipality, Paloncha Forest Range, Paloncha East Beat and constructed the RCC building and doing business in the name of "Indu Parupula Factory" and doing real estate business, inspite of the written representation dated 6-2-2024 followed by personal visits, as being illegal, arbitrary, unjust and u nconstitutiona I and consequently direct the respondent authorities to , I I I l I I 2 ** ,?05:il;i forthwith remove the entire encroachments and to resume the entire land by taking action against the culprits as per Law and to grant...".

3. The case of the petitioner, in brief, is that the petitioner submitted written representation dated 06.O2.2024 addressed to the respondents and sought initiation of action against illegal encroachment of forest land situated at Paloncha Municipality, Paloncha Forest Range, Paloncha East, Bhadradri Kothagudem District. It is further the case of the petitioner that vide said representation dated 06.02.2024 petitioner intimated to the officials concerned with regard to the encroachnrent and RCC buildings being constructed illegally and unauthorisedly and conducting business in the name of "Indu Parupula Factory" and also real estate business and inspite of the said written representation of the petitioner addressed to the 2nd respondent herein and others, yet, there has been no action on the said representation as on date. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition. 4 ernment er for F brino s on reco rd writte n instructions ated 3O.Ol .2025 3 SN, J wP 2705 2025 an Dlacin O relia nce on the s id in uctions, submits a h een ini o e n f he e ff cial r e rth ru! eno utry.- a a 6 o24 nd r r r e e f 5 Learned counsel appearing on behalf of the petitioner submits that the respondents may be directed to take appropriate action, within a reasonable period.

6. Takano into consideration (a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government pleader for Forests, appearang on behalf of respondent Nos.1, 2, 4 and S, (c) The contents of the representation of the petitioner dated 06.02.2024 addressed to the 2nd respondent herein and, 4 SN, J \'/P 270i 2025 (d) The contents of the written instructions vide Rc.No.239l2O24/P8, dated 3O.O1.2025 placed on record by the learned Government Pleader for Forests, The writ petition is disposed of directing the respondents to conclude the enquiry already initiated on petitioner's representation dated O6.O2.2O24 in accordance to law, and pass appropriate orders, within a period of two (2) weeks from the date of receipt of a copy of this order and duly communicate the action initiated in pursuance to the petitioner's representation dated O6.02.2024 as per the outcome of the enquiry atready initiated pertaining to initiation of appropriate action against all concerned involved in the illegal encroachment and construction in the forest land situated beside Sivalayam Temple, Paloncha Town and Mandal, Paloncha Forest Range, Paloncha East beat, Bhadradri Kothagudem District. However, there shall be no order as to costs. 5 SN, J \vP 2705 2025 The miscellaneous applications, if any, shall stand closed. To, //TRUE COPYII SD/.P. PADMANABHA REDDY STANT REGI SECTION OFFICER 1 . The Principal Secretary, Forest Department, Secretariat, Hyderabad, State of Telangana.

2. The Principal Chief Conservator of Forests, (Vigilance), Aranya Bhavan, Saifabad Hyderabad

3. The District Collector, Bhadradri Kothagudem District at Kothagudem. 4. The District Forest fficer, Bhadradri Kothagudem District. 5. The Forest Divisional Officer O/o the Divisional Forest Office Paloncha, Bhadradi Kothagudem District.

6. One CC to SRI KARUNAKAR REDDY, Advocate [OPUC] 7. Two CCs to GP FOR FORESTS, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUTI

9. Two CD Copies BSR BS w HIGH COURT DATED: 311A112025 CC TODAY ( J ,J E STrl,f 6 1t{ ? o 1 B l,lrH 2[25 * arF!D,\-1r i\ ei) + ORDER WP.No.2705 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6 o\2 \