Kethuri Bhagyamma v. 1. State of Telangana

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 or Order or orders or Direction mainly in the nature of Writ of mandamus by declaring the Notices issued by the Fordst Range Officer, Kollapur dated 21112025 and 161112025 addressed to the husband of the Petitioner Sri Kethuri Venkateswara Swami not to enter the land without specifying any particulars of the land or Village where the forest land is encroached by violating the Forest Act and not looking into the representation submitted by the Petitioner dated 241112025 duly giving particulars of assignment given by the then Government of Andhra Pradesh way back in the year 1996, as bad, illegal, contrary to law, violative of principles of naturat justice, violative of Article 300-4 of the Constitution of lndia and consequently set aside the Notices dated 21112025 and 161112025 by directing the respondents not to interfere with the Petitioner s land admeasuring Ac.3.00 guntas in Survey Nos. 87112711 and 2 of Chennampalli Village, Kollapur Mandal, Nagar Kurnool District. |.A.NO:1 OF 202s Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the Petitioner from the land admeasuring Ac.3.00 guntas in Survey Nos. 87112711 and 2 of Chennampalli Village, Kollapur lt4andal, Nagar Kurnool District, pending disposal of the writ petition. Counsel for the Petitioner : SMT A.ANASUYA Counsel for the Respondent Nos.1 & 2 : AGP FOR REVENUE Counsel forthe Respondent No.3 : AGP FOR FORESTS The Court made the following ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA w RIT PE TIO NN .45 9of20 5 ORDE . Heard smt. A. Anasuya, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent Nos.l and 2 and learned Asst' Government Pleader for Forests appearing on behalf of respondent No'3'

2. The petitioner approached the Court seeking prayer as under: "-..to issue a Writ or Order or orders or direction mainly in the nature of Writ af Mandamus by declaring the Notices issued by the Forest Range Officer' Kollapur dated 2/t/2O25 and L6/l/2O25 addressed to the husband of the Petitioner Sri Kethuri Venkateswara Swami not to enter the land without specifying any particulars of the land or Village where the forest land is encroached by violating the Forest Act and not looking into the representation submitted by the Petitioner dated 241U2O25 duly giving particulars of assignment of patta given by the then Government of Andhra Pradesh way back in the year 1996 as bad, illegal, contrary to law, violative of principles of natural justice violative of Article 300-4 of the Constitution of India and consequently set aside the Notices dated 2lt/2}25 and 16/l/2025 by directing the respondents not to interfere with the Petitioner's land admeasuring Ac'3'00 2 SN. J wP 4559 2025 guntas in Survey Nos.87/727/I and 2 of Chennampalli Village Kollapur Mandal, Nagar Kurnool District and pass...".

3. The case of the petitioner, in brief, is that the petitioner was assigned agricultural land to an extent of Ac.3.00 guntas in Sy.No.87l1 situated in Chennampally Village, Kollapur Mandal and was issued Final Patta Certificate in Proceedings No.B/F/ 1346/96, dated 25.03.1996 and the petitioner was also issued e- pattadar pass book for the subject land. The forest Range Officer, Kollapur served a notice addressed to the husband ofthe petitioner on 02.01.2025 stating that, from 09.01.2025 onwards the petitioner's husband shall not cultivate the subject land and the Forest Officers are having right over the same as per Forest Act, 1967 as the husband of the petitioner has violated the Telangana Forest Act, 1967 by doing agriculture in the forest land. It is the specific case of the petitioner that petitioner received notice dated 16.01.2025 issued by the 3'd respondent herein calling upon the petitioner to submit petitioner's I explanation alleging that the petitioner is violating the provisions of Forest Act and further calling upon the petitioner to cooperate with the Forest Range Officer to hand over the petitioner's land SN, J wP 45i9 202i to the Forest Department. rti furth r case ofthe Detiti on er L.2 n a .2025 d d not refer to anv Da iculars of the and o2.o1 which the etitioner had e ncroac hed up n illeqa llv, The petitionersubmittedadetailedexplanationtothesaidnotices v/de petitioner's representation dated 24'0l'2025, which was even acknowledged by the office of the 3'd respondent herein on

24.O1.2025. However, the same had not been considered by the respondents. Aggrieved by the said notlces dated 02'01'2025 and 16.01.2025 the present writ petition is filed'

4. The learned Assistant Government Pleader for Forests submits that the writ petition could be disposed of by directing the 3'd respondent to consider the explanation furnished by the petitioner in response to the notices dated 02'01'2025 and 16.01.2025 addressed to the husband of the petitionbr, within a reasonable Period. 5 The learned counsel aooearino on behalf of the e b e the Iea rned Assista nt Gove ment P leader for Fo sts. 4 SN, J wP 4559 2025

5. Takino into onsideration: (a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, (b) The contents of the notices dated O2.O1.2025 and 16.01.2025 issued to the husband of the petitioner, (c) The contents of the petitioner's detailed explanation dated 24.O1.2O25 submitted by the petitioner in response to the notices dated O2.O1.2025 and

16.01.2025 issued to the petitioner by the 3'd respondent herein, (d) The fact that admiftedly as borne on record, no orders have been passed as on date duly considering the petitioner's explanation dated 24.01.2O25 furnished by the petitioner to the respondents herein, The writ petition is disposed of directing the 3'd respondent to consider the explanation of the petitioner dated 24.01.2025 furnished by the petationer to the notices dated O2.O1.2O25 and 16.01.2025 issued to the husband of the petitioner by the 3'd respondent herein, within a period of four (4) weeks from the date of receipt I I 5 SN, J wP 4559 2025 of a copy of the order. in accordance to law, in conformity with principles of natural iustice by giving a reasonable opportunity of personal hearing to the petitioner herein and duly communicate the decision to the petitioner within two (2) weeks thereafter' Till the above exercise is initiated and completed by passing of appropriate orders by the 3'd respondent herein as per the directions as issued as above within the time period as stipulated as above, the respondents are directed not to initiate any action against the petitioner herein in respect of petitioner's land admeasuring land to the extent of Ac.3.OO guntas in Sy'No' 8711 situated in Chennampalty Village, Kollapur Mandal' However' there shall be no order as to costs. \ As a sequel, the miscellaneous petitions, lf any, pending in the Writ Petition shall a lso stand closed. I/TRUE COPY// SD/. P. GOWRI SHA KAR ASSISTANT REG SECTION OFFICER of Telangana at HYderabad- , . ,n" Principal Secretary, (Revenue) Department' Telangana Secretariat' State z. ifre oistiict Collector, Nagar Kumool District' ;. il; F";.in.ngu offi"ui Kollapur' Nagar Ku.rnool District' 4. Two ccs to Gp Fod'i#viirlilf,-riigh 6ourt tor the state of Telansana at 5. Two CCs to GP FOR FORESTS' High Court for the State of Telangana at 6. One CC io Sfvlf A'ANASUYA' Advocate [OPUC] 7',^Two CD CoPies HYderabad' [OUT] HYderabad. IOUTI r@* , ',^-,&.-e-tt-'-i HIGH COURT DATED:17 10212025 ORDER WP.No.4559 of 2025 C.C. TODAY o* -i i1t s14 I,c. ( )i zb tiB 26 * . ti:g j:" :e o.\ DISPOSING OF THE W.P WITHOUT COSTS. I I I ,