ORDER I l lr TIIE HON'BLE SRI JUSTICE C v. BHASKAR RI

Petition under Article 226 of lhe 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 one in the nature of Writ of ...RESPONDENTS 7 Mandamus, decraring the action of the respondents herein and their subordinates in interfering with possession and enjoyment of the petitioners over the rand bearing sy'No 2166/4 (as per onrine records 2166ruu), totar admeasuring 5602 (3787 + 1815) Sq' yards ie' Ac .l-06 Gts., situated at Nizamabad shivar, Nizamabad Mandar' Nizamabad District, that too without forowing the procedure as contemprated under raw' is highry iregar, arbitrary, unjust, unconstitutionar, vioration of principres of naturar justice and arso in vioration of Articres .r 4, 21 and300-A of the Constitution of lndii subordinates not to ntele:'#T::::ilrr:::::.::; j".JlH:Ji:,,TI petitioners over subject rand, without forowing the procedure as contemprated under IA NO;10F 2025 petition under section 151 Cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents herein and their subordinates not to disposstss the petitioners by way of interfering with their laMul possession and r sy.No.2.r66/4 (as per onrine records 2166/uu),;:i:H:::JilH:.,I#": 1815) Sq. yards i.e, Ac..1_06 Gts., situated at Nizamabad Shivar, Nizamabad Mandar' Nizamabad District, without forowing the procedure as contemprated under law, pending disposal of the writ petition Counset for the petitioner: SRt. MOHD MOIN AHMED eUADRt COUNSEI fOrthE RESPONdENT NOS. 1tO3: SRI L. RAVINDER, AGP FOR REVENUE Counset for the Respondent Nos.4&S: SRI T. NITHENDER SINGH_ AGP FOR FORESTS The Court made the following: ORDER I l TIIE HON'BLE SRI JUSTICE C. V. BHASKAR RI.]DDY WRIT PETITION No.3ll6 OF 2025 ORDEII: The writ petition is filed seeking following relief: "... to issue a writ, order or direction more particularly one tn the nature of Writ of Mandamus declaring the action ol the respondents herein and their subordinates in interfering with possession and enjoyment of the petitioners over the land bearing Sy.No.2166/4 (as per online records 2166/UU), total admeasuring 5602 (3787 plus l8l5 Sq yards) i.e., Ac. l-06 Gts situated at Nizamabad Shivar, Nizamabad Mandal, Nizarnabad District, that too without following the procedure as conternplated under law is highly illegal, arbitrary, unjust unconstitutional violation of principles of natural justice and also in violation of Articles 14,21 and 300,{ olthe Constitution of India, and consequently direct the respondents and their subordinates not to interfere with peaceful possession and enjoyment of the petitioners over subject land without lollowing the procedure as contemplated under law, and to pass..."

2. lt is stated that petitioners are owners and possessors of the land admeasuring 5602 (3787 + 1815) square yards i.e', Acs. l-06 guntas in Survey No.216614 (as per online records 2l66lUU), situated at Nizamabad Shivar, Nizamabad Mandal and District lt is l stated that initially father of petitioner No.5 was the pattadar and possessor ofthe subject property along with other lands and his name is recorded in revenue records and he was issued pattadar passbook I 2 vide Khata No.606. After the death of his father, petitioner No.5 succeeded to the above land and obtained NALA certificate from the Revenue Divisional Officer, Nizamabad, vide proceedings No.A3l27I 8/2013 dated 22.03.2013 for conversion of subject property liom agricultural to non-agricultural purpose under the provisions of the Telangana Agricultural Land (Conversion for Non- Agricultural Purposes) Act, 2006 (for short .Act 2006'). It is stated that after obtaining NALA certificate, petitioner No.5 sold the subject property to petitioner Nos. I to 4 through registered sale deed bearing document No.89l3 of 2023 dated25.08.2023.

3. It is further stated that as the land abutting to the subject property is the reserve forest area belonging to Forest Department, the Forest Officiats were interfering with the possession of the petitioners over the subject property, petitioners got sunyed the subject property in the presence of respondent authorities in File No.Al/15.{0/2023 and panchanama dated 30. 12.2024 was also prepared in the presence of Forest and Revenue ofhcials. Grievance ofthe petitioners is that when the petitioners tried to fence the subject property liom the illegal encroachments, the respondent authorities 3 tried to interrupt the work undertaken by the petitioners, without issuing any notice and procedure contemplated under law.

4. Mr. L. Ravinder, learned Assistant Govemment Pleader lor Revenue, has not disputed to the proceedings issued by the Revenue Divisional Officer, Nizamabad, vide No.A3/271812013 dated

22.03.2013 for converting the subject property from agricultural to non-agricu ltural use.

5. Mr. T. Nithender Singh, learned Assistant Govemment Pleader for Forests, submitted that the land claimed by the petitioners is a patta land and abutting to the reserve forest area. Therefore, taking l advantage of the sale deed executed in favour of petitioner Nos.l to 4 by petitioner No.5, petitioners are making efforts to encroach into the reserve lbrest area abutting to the subject land. The said action has been resisted by the respondents, in fact, they are not interfering with the peaceful possession of the petitioner over the subject property.

6. Mr. Mohd. Moin Ahmed Quadri, leamed counsel for the petitioners, vehemently contended that as there was dispute with regard to the identification and localization of the subject property, a joint survey has been conducted in the presence of respondents and 4 panchanama tlated 30.12.2024 was also prepared in the presence of ForestandRevenueofficials.DespitetheSame'respondent authorities are interfering with the peaceful possession and enjoyment of the petitioner over the subject property'

7. Since, it is the case of the petitioner that respondents are frequently interfering with the subject property and the case of the respondents is that the petitioner is trying to encroach into the reserye forest area abutting to the land ctaimed by the petitioners' this Court deems it appropriate to dispose of the writ petition' directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the land admeasuring 5602 square yards i.e., Acs.l-06 guntas in Survey No'2166/4 (as per online records 2l66lUU) situated at Nizamabad Shivar, Nizamabad Mandat and District, in any manner. lf the respondents are having any claim over the subject property or the petitioners are trying to encroach into the reserve tbrest area, respondents are at liberty to initiate appropriale action, by following due process of law' 8 Wirh the above observations, the writ petition is disposed of' There shall be no order as to costs. I 5 As a sequel thereto, miscellaneous petitions, if any, pending in the rvrit petition, shall stand closed. //TRUE COPY// SD/.A.V.S. PRASAD ASSISTA T REGISTRA S N OFFICER To,

1. The Principal Secretary Revenue Department, Secretariat, T.S.,Hyderabad. 2. The District Collector, Nizamabad District 3. The Tahsildar, Nizamabad (South) Mandal, Nizamabad District. 4. The District Forest Officer, Nizamabad District. 5. One CC to SRl. MOHD MOIN AHMED OUADRI, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at

7. Two CCs to- GP FOR FORESTS, High Court for the State of Telangana, at Hyderabad [OUTI Hyderabad [OUT] B. Two CD Copies B.M BS Y*' HIGH COURT DATED:0410212025 ORDER WP.No.3116 of 2025 IHE SI4 14: o tl rts zm t s PAT cH 6-O a -d .t * DISPOSING OF THE WRIT PETITION WITHOUT COSTS o-c"d"I \?- 6I{'s