High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed the.rewith, the High Court may be pleased to issue writ of Mandamus by declaring the action of the respondents in not taking any action or passing any orders on the representation dated 10.10.2024 for providing alternative land to the equal extent or to acquire land under new land Acquisition Act for the purpose of paying compensation for utilization of lands for public purpose is illegal and arbitrary and contrary to Article 21 and 3004 of Constitution of lndia and consequentially declare that the petitioners are entitle for alternative land to the equal extent or to acquire the land under land Acquisition enactment lA NO: 1 OF 2025 Petition under Section '1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue an interim direction directing the respondents pass orders on my representation dated 10.10.2024 tor providing alternative land to the equal extent or to acquire land under new land Acquisition Act for the purpose of paying compensation for utilization of our lands for any public purpose pending disposal of the Writ Petition Counsel for the Petitioner: SRl. SNEHA BACHANABOINA Counsel for the Respondents: AGP FOR FORESTS The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA TP TIT ON o 47 2 o DE R.: Heard Smt. Sneha Bachanaboina' learned counsel appearing on behalf of the petitioners' learned Assistant Government Pleader for Forest' appearing on behalf of respondent Nos.1 to 3' The petitioners approached the Court seeking prayer 2 as under: "...to issue a writ of Mandamus by declaring the action of the respondents in not taking any action or passing any orders on the representation dated lO-lO-2O24 for providing alternative land to the equal extent or to acquire land under new land Acquisition Act for the purpose of paying compensation for utilization of lands for illegal and arbitrary and contrary to public PurPose ts 300A of Constitution of India and Articles 2l and consequentially declare that the petitioners are entitle for alternativelandtotheequalextentortoacquiretheland under land Acquisitions enactment and pass"'"'

3. The case of the petitioners in brief is that the petitioners had inherited the land to an extent of Ac'13'00 guntas in Sy'No'l of (Kancha Chilikur) Chilukur Village' Hyderabad West taluk' The 2 wP 2477 2025 Forest authorities under notification declared as reserved forest only to an extent of Ac.1211 acres. The Forest Department wants the land of the petitioners for the public purpose' The petitioners earrier fired w.p. No. 11081 0f 2000 wherein this Court directed the forest officials to follow due process of law. On LO.lO.2024, the petitioners submitted representation to the respondents for providing arternative Iand to them to the equal extent or to acquire their land under new Land Acquisition Act. But the respondents did not consider the.same. Aggrieved thereby, the petitioners filed the present writ petition.

4. It is the specific case of the petitioners that earlier, the petitioners approached the court by firing w.p. No.11oB1 0f 2000 wherein this Court passed orders dated 2L.08.2024 by observing as under: "7. Recording the above submission made by the learned Assistant Government pleader for Forest and without going into the merits of the case thas writ petition is disposed of directing the respondent authorities to follow due process as contemplated under taw before initiating action on the subject property,,. tr?; SN,' wP 24't7 2025 5. Learned counsel appearing on behalf of the petitioners submits that in pursuance to the orders of this Court dated )

21.08.2024 passed in W.P. No. 11081 ot 2000, the petitioners made a detailed representation dated lO.lO.2024 to the respondent Nos.2 and 3 herein and requested the respondents to consider the grievance of the petitioners for providing alternate land to the petitioners to the extent of Ac.21.00 guntas of petitioners' land at Chilkur Village, which according to the Forest Department had been declared as reserve forest on 28.02.1956 by paying certain amounts to Nizam. It is further the case of petitioners that the Forest Department acquired the land to an extent of Ac.1211.00 guntas. Therefore, the Forest Department cannot claim the total extent of Ac.74l7-15 guntas as forest land without there being notification issued in this regard. The petitioners made representation requesting the respondent Nos.2 and 3 to consider the said subject issue and provide alternate land to the petitioners to the equal extent or to acquire their land under the new Land Acquisition Act enactment and pay compensation for utilization of their land for public purpose.

6. Learned Government Pleader for Forests brinos on record the written instructions dated 29.O1.2O25 disoutino the oleas out forth bv the oetitioners herein and contends 4 to an extent wP 24',7'7 202s that th ere is no excess area und er the DOSSeS ion of the Forest Deoartment and the are Ac.1211.0O quntas hadbeen notifi ed as forest and the said subiect la n een in continu ous Dos session and Drotection of the Forest Department srnce 1965 as Der Section 4 notification with well defined boun arv. The petitioners have to approach the Revenue authorities for demarcation of the land which was cultivated by the petitioners. Instead of approaching the Revenue Department with relevant documents, the petitioners had approached this Court by filing the writ petition with a request to give direction to the respondent Nos.2 and 3 to consider the grievance of the petitioners as put forth by the petitioners vide representation dated lO.lO.2024 addressed to the respondent Nos.2 and 3 within a reasonable period.

7. Takinq into consid ration (a) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Government Pleader for Forests appearing on behalf of respondent Nos.1 to 3, (b) The written instructaons 5 wP 24',7't 2025 SN, J Rc.No.1333/2OL7 15,6, dated 29.01.2025 submitted to the Cou rt, The writ petition is disposed of directing the respondent Nos.2 and 3 to consider the grievance of the petitioners as put forth by the petitioners vide representation dated LO.LO.2O24 in accordance to law, within a period of four (4) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioners herein. However, there shall be no order as to costs. The miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/- T. TIRUMALA DEVI ASSISTANT REGISTRAR To, B. R. Ambedkar T. S. Secretariat, Hyderabad. ECTION OFFICER 1. Ihq Principal Secretary to Govt. Energy, Forest, Science and Technology, Dr. 2. The Chief Conservator of Forest, Aranya Bhavan, Saifabad, Hyderabad. 3. The Divisional Forest Officer, (Wild Life) Ranga Reddy District, Saifabad, 4. One CC to SRl. SNEHA BACHANABOINA, Advocate [OPUC] 5. Two CCs to GP FOR FORESTS ,High Court for the State of Telangana at 6. Two CD Copies Hyderabad [OUT] Hyderabad. BM GJP ry, HIGH COURT DATED:2910112025 CC TODAY STA TE oA 1 1$ \\hh Ntl f o )) * \) ORDER WP.No.2477 of 2025 I r r.AI f j:\ o DISPOSING OF THE WRIT PETITION WITHOUT COSTS bl 2/