High Court · 2025

15.Vattam Venk&q.-d<shmi, w/o Srinivas, Aged about 30 years, Occ Agriculture, Rl/o H.No. 2'6I, .Shambunigudem, Settipalle village, Gundala Mandal, Khammam Dil*bt .

16.Payam Suguna, w/o Payam Shobhan Babu Aged about 23 years, Occ Agriculture, R/ o H.No. 2-10, Mamakannu village, Gundala Mandal, Khammam District /i- ' '17. Kalthi Ram Baliui:s/o Kalthi Kannaiah, Aged about 38 years, Occ Agriculture, Fi/o H.No. 1-2, Uamakannu village, Gundala Mandal, Khammam Distlict F,, AND ...PETITIONERS

1. The Station House Officer, Allapally police Station, Mama Kannu village, Yellandu Mandal;ffhammam District. 2. The Superintenddnt of Police; l(hammam., 3. The Director General of Police, State of Telangana, Lakdi-ka-Pul, Hyderabad. 4. The Tahsildar, Gundala Mandal, Khammam District., - 5. The Revenue Div'sional Officer, Kothagudem Division, Khammam District. 6. The District Collector, Khammam District., - 7. The Divisional Forest Officer, Kothagudem, Khammam District., 8. The Chief Conservator of Forests, Telangana State, Saifabad, Hyderabad. 9. The State of Telangana, Home Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary.

10. The State of Telangana, Revenue Department, Secretariat Buildings, 1 1 . The State of Telangqg, Forests Department, Secretariat Buildings, Hyderabad, Rep. by ib Principal Secretary. t_ Hyderabad, Rep. by id Principal Secretary. 'r'i ..RES'.NDENTS Petition under Article 226 of the Constitution of tndia 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 Mandamus to direct the respondents not to interfere with the enjoyment and possession of our land situated at Settipalli village Gundala Mandat, Khammam District set alt in the schedule, over which we are in possession and enjoyment from our forefathers as forest dwellers duly hailing from Scheduled Tribe community by declaring the action of the respondents in interfering with the lawful rights of the peiitioners for cultivation over the lands specified in the ! i I i schedule, on 24.9.2016 as illegal arbitrary, unjust apart from violative of principles of natural iusticg.,r311d contrary to the mandatory provisions of The Scheduled Tribes and Otheg.{raditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and pass s$.$h other order or orders as this Honble Court deems fit, proper and appropriate in the circumstances of the case. J?.,:j t.a. NO: 1 OF 2017IWPMP. NO: 10452 OF 2017) . . Petition unf;er 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 evict the petitioners from lands located in Settipally village, Gundala l$andal, Khammam District to the extent of lands specified in the schedule annexed to the writ petition, over which they are cultivating the same. Counsel for the Petitioner : SRI NANDTGAM KRISHNA RAO Counsel for the Respondents No.1to3,9: GP FOR HOME Counselfor the Respondents No.4to6,10: GP FOR REVENUE Counsel for the Respondents No.7,8,11: GP FOR FORESTS The Court made the following: ORDER I I : i : I i ; I I. t I I THE HON'BLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.8451 OF 2017 ORDER This Writ Petition is filed with the following relief: "To issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus to direct the.respondents not to interfere with the enjoyment and possession of our land situated at Settipalli village Gundala Mandal Khammam District set out in the schedule over which we are in possession and enjoyment from our forefathers as forest dwellers duly hailing from Scheduled Tribe community by declaring the action of the respondents in interfering with the lawful rights of cultivation over the lands specified in the Schedule on 24.09.2016 as illegal, arbitrary, unjust apart from violative of principles of natural justice and contrary to the mandatory provisions of The Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act 2006."

2. Learned Counsel for the petitioner submits that the present writ petition has been filed seeking a direction restraining the respondents from interfering with the petitioners' possession and enjoyment of the lands described in the Schedule dated 24.09.2016, situated at Settipally Village, Gundala Mandal, Khammam District.

3. Learned Assistant Government Pleader, on the other hand, contends that during the pendency of the writ petition, the Government issued Records of Forest Rights (RoFR) certificates in t 2 favor of the petitioners, thereby formally recognizing their rights over the tands in their possession, as detailed in Annexure-|. lt is further submitted that the respondents are not interfering with the lands so certified in the petitioners' favor, and therefore, the grievance of the petitioners does not survive for consideration.

4. I have carefully perused the materials available on record.

5. The contention of the petitioners, however, is that they were in continuous possession and enjoyment of the lands described below: Sl. No. Name of the petitioner 1 2

6. 7

9. 10 11 12

13. Vattam Ramaish Vaftam Dasu Kalthi Muthyalu Kalthi Prasad Vattam Saraiah Kunja Swami Mokalla Srinu Mokalla Ramanaiah Mokalla Ravi Mokalla Sandeep Vattam Sammaiay lrpu Borraiah Kalthi Bhadramma Extent of land over which petitioner is in possession AC.6.00 Ac.5.30 Ac.5.00 Ac.4.00 Ac.5.00 Ac.6.00 Ac.3.00 Ac.4.00 Ac.5.00 Ac.5.00 Ac.5.00 Ac.3.00 Ac.4.00 3 14

15. 16 17 Vattam Srinivas Vattam Venkata Payam Suguna KalthiRam Babu Ac.5.00 Ac.4.00 Ac. Ac.3.82 ln the written instructions, the Learned Assistant Government 6. Pleader has stated that Records of Forest Rights (RoFR) certificates have been issued under the provisions of the scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act' 2006 ("RoFR Act, 2006"), as detailed hereunder: ANNEXURE - I Statements showing details of No.845U2016 Petitione/s recognition completed Under RoFR act in W.P. Sl.No. Name of the RoFRTitle Deed No. Extent Remarks Title issued in the Minor as on cut-off date i.e., r3.12.2005 2023 issued 2023 Title 2023 Title deed issued in the Year 2023 in the in the 2023 I I in the Title deed issued on the name of Kalthi Vijay Kumar, 2023 Both petitioners common Title wife & husband 2023 Both 2008 petitioners 2023 P1 P2 P4 P5 P6 P7 P8 P10 P Pt2 P13 P14 P15 P P17

2. 3. 4.

5. 7

9. 11

13. t4 15. t7 Kalthi Prasad Mokalla Srinu Ravi Vatta Kalthi Bhadramma Vattam Venkata Lakshmi Ram

7.O4

4.24

7.t2

5.08 16 7

2.28

3.24 769 RoFR022100472898 RoFRO22100461067 I I ' : l i iI I l1 l:i

7. ln view of the submissions made and in light of the issuance of RoFR certificates in the year 2O23, covering the lands specified in Annexure-|, and the categorical assertion of the respondents that there is no interference with respect to the said extent of rand, this Court finds that the grievance projected by the petitioners stands substantially redressed. Nevertheless, it is clarified that, insofar as any residual disputes or claims may arise between the petitioners and the respondent authorities concerning the subject lands covered by the certificates, it shall remain open to either party to seek recourse to such remedies as are legally available to them under law.

8. Accordingly, the writ petition stands disposed of in the above terms, with no order as to costs. Miscellaneous petitions, if any, pending in the Writ petition, shall stand closed. //TRUE COPY//. d/.K.BHAVANI SWAMY SISTANT REGISTRAR SECTION OFFICER To, '1. The Station House Officer, Allapally police on, Mama Kannu vitlage, Yellandu Mandal, Khammam District.- 2. The Superintendent of Police, Khammam. 3. The Director General of Police, State of Telangana, Lakdi-ka-pul, Hyderabad. 4. The Tahsildar, Gundala Mandal, Khammam District. 5. The Revenue Divisional Officer, Kothagudem Division, Khammam District. 6. The Diskict Collector, Khammam District. 7. The Divisional Forest Officer, Kothagudem, Khammam District. 8. The Chief Conservator of Forests, Telangana State, Saifabad, Hyderabad. 9. The Principal _Secretary, State of Telangana, Home Department, Secretariat Buildings, Hyderabad.

10.The Principal. ..secretary, state of Telangana, Revenue Department, Secretari at Buildi ngs, Hyd-erabad

11.The Principal Sec.retary, State of Telangana, Forests Department, Secretariat - Buildings, Hyderabad.

12.onecc to sRl NAND|GAM KRISHNA RAo, Advocate. topucl 13.Two ccs to G.LFOR HOME, High court for the state of relangana at -:' - Hyderabad.tOuTj

14.Two ccs to GP FoR REVENUE, High court for the State of relangana at Hyderabad. [OUTI 1s.Turo ccs to cP FoR FORESTS, High court for the state of relangana at . Hyderabad. [OUT] 16.T-woCD Copies. BSK tv PMK \ h;-. HIGH COURT DATED i0410912025 ORDER WP.No.8451 of 2A17 -.,:-b\ i..l i ' 20ali ZW ;r! n,.-.-. t( r-. * DISPOSING OF THE WRIT PETITION WTHOUT.COSTS ?c v5 \ t t I II { t "'-4.