✦ High Court of India · 28 Feb 2025

The High Court · 2025

Case Details High Court of India · 28 Feb 2025
Court
High Court of India
Decided
28 Feb 2025
Bench
Not available
Length
1,233 words

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.2 to 6 to consider and dispose of the application vide ROFR0221 00413656 of the petitioner submitted in respect of land in Survey No.4521 11N3,452111N3/1 situated at Dharmapuram Viilage, Bayyaram Mandal, Mahabubabad District, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SUBBA RAO VAOREVU Counsel for the Respondent Nos.1 TO 4: AGp FOR FORESTS Counsel forthe Respondent Nos.S & 6: GP FOR REVENUE The Court made the following: ORDER -7/ 1 HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.5987 of 2025 OR DE R: Heard Sri Subbarao Vadrevu' learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests' appearing on behalf of the resPondents' 2 as under: r c t e "...to issue Writ or direction preferably Writ of Mandamus, declaring the action of Respondents No'4 in considering and disposinq my application vide ROFR022100413656, submitted in respect of land in Survey No.452/1lA/3, 452irlAl3/1 situated at Dharmapuram Village, Bayyaram Mandal' Mahabubabad District in part, which was registered in the claim register S1.No.102712-No'201, page No'26' dt.l7.ll.2OZl, as illegal, arbitrary and violative of Principles of natural justice and consequentially direct the Respondent Nos.2 to 6 to issue Recognition of Forest Right Patta in favour of petitioner in respect of land to an extent of Ac 2'00 guntas in Survey Nos.452luAl3, 4521!lA/3/1 situated at Dharmapuram Village, Bayyaram Mandal, Mahabubabad District and pass such other or further orders as this Hon'ble Court 2 may deem fit and proper in the circumstances of the case. " SN. J wP_59E7 ?025

3. The case of the petitioner, in brief, is that the petitioner is in possession and enjoyment of the land to an extent of Ac.4.00 guntas in Sy.Nos.452l1 /A/3 and 452/l/A/3/t at Dharmapuram village, Bayyaram Mandal, Mahabubabad District and the petitioner is a member of the Schedule Tribe (Koya). The petitioner has been living in Dharmapuram Village since decades and dependent on forest land for his livelihood. The petitioner had registered in the craim register at seriar No.102712_No.201, page No.26, dated 17.11.2021 for issuance of Recognition of Forest Rights (RoFR) patta in respect of the land to an extent of Ac.4.00 guntas in sy.Nos.452/L/A/3 and 4s2/1/A/3/t at Dharmapuram Village, Bayyaram Mandal, Mahabubabad District, which is in possession and enjoyment of the petitioner since many decades. However, the respondent authorities have only rssued a patta for an extent of Ac.2.O0 guntas of land in Namalapadu Village, leaving the remaining extent of Ac.2.00 guntas pending. Aggrieved by the same, the petitioner filed the present writ petition. 3 SN. J wt 59{i7 2025 A

4. It is the specific grievance of the petitioner that inspite of registration of the petitioner in the claim registrar at serial No.102712-No.201, page No.26, dated t7.tL.202t, no orders I had been passed by the respondent Nos.2 and 5 as on date.

5. Learned Assistant Government pleader for Forests, appearing on behalf of the respondents submits that the writ petition could be disposed of directing the respondent Nos.2 and 5 to consider the application of the petitioner dated L7.LL.?O2L in accordance to law and pass appropriate orders within a reasonable period.

6. Takin into consideration: a) The aforesaid facts and circumstances of the case, b) The submissions put-forth by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, appearing on behalf of the respondents and, c) The fact as borne on record that no orders had been passed on petitioner's application dated L7.tt.ZO2L 4 SN. J wP 59E7 2025 which had been registered in the claim register at serial No.1O2712-No.2Ol, page No.26 dated L7.LL.2O2L pertaining to issuance of Recognition of Forest Rights (RoFR) patta, an respect of the land to an extent of Ac.4.OO guntas in Sy.Nos.4Szl1lAl3 and 452/t/Al3lL ot Dharmapuram Village, Bayyaram Manda!, Mahabubabad District, The writ petition is disposed of directang the respondent Nos.2 and 5 to consider the application of the petitioner dated 17.11.2O21 which was registered in the claim register at serial No.1O2712-No.201, page No.26 seeking assuance of Recognition of Forest Rights (RoFR) patta in respect of the land to an extent of Ac.4.OO guntas in Sy.Nos.452/L/A/3 and 452/LlA/3/L of Dharmapuram Village, Bayyaram Mandal, Mahabubabad District and pass appropriate orders on the said application within a period of four(4) weeks from the date of receipt of a copy of this order in accordance to Iaw in conformaty with the principles of natural justice, by providing an opportunity of personal hearing to the petitaoner. However, there shall be no order as to costs. 1 \ To 5 SN, J wP i987 2025 As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/. L. VIJAYA LAXMI STANT REGISTRAR SECTION OFFICER . Ambedkar Secretariat 2 3 4 5 6 7 8 1 . The PrinciPal Secretary, Forest DePartment, Dr Buildings, At Hyderabad, State of Telang ana The District Forest Officer, Mahabubabad, Mahabubabad District The Divisiona I Forest Officer, Mahabubabad, Mahabubabad District. The Forest Rang e officer, BaYYa ram, Mahabubabad District The Revenue Divisio nal Officer, trilahabubabad , Mahabubabad District m Mandal, Mahabubabad District Bayyara The Tahsildar, I SUBBA RAO VADREVU, Advocate [OPU One CC to SR Two CCs to GP FOR FO RESTS, High Court for the State of Telangana, at Hvderabad' [OUTI , t\il"bc;i,; 6-p-r'6n REVENUE, High court for the State of Telansana, at 10.Two CD Copies Hyderabad. [OUTI PSK. GJP (J4L HIGH COURT DATED:2810212025 ORDER WP.No.5987 of 2025 t I HE1 o o( 0Z "iurr Zm > C i DISPOSING OF THE WRIT PETITION WITHOUT COSTS I i I I ! i I (D'#o*'

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