'1 . Chaganti Sampath S/o Buchaiah v. The State of Telangana

Petitlon 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, direction, or order more particularly one in the nature of Writ of Mandamus or any other Writ or order/direction commanding respondent No 3 and 4 declaring the action of making attempts to dispossess the petitioners without any laMul authority as illegal and consequentially direct the Respondents not to dispossess the petitioners from land in Sy.no 48 of extent of Ac.20-00 situated at Mothe revenue village, Pinapaka Mandal, Khammam District. l.A. NO: 1 OF 20 15(WPMP. NO: 26197 0F 2015) 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 pass interim orders directing the Respondents not to dispossess the petitioners from land in Sy.no 48 an extent of Ac-20-00 situated at Mothe Revenue Village, Pinapaka lvlandal, Khammam District in interest of justice. Counsel for the Petitioners: SRl. S RAJ KUMAR Counsel for the Respondent Nos.1&4: AGP FOR HOME Counsel for the Respondent NO.2&3: AGP FOR FORESTS The Court made the following: ORDER HON,BLE MRS JUSTICE SUREPALLI NANDA WRIA PETITION No. 20338 0F 2015 ORD ER: Heard Sri S. Raj Kumar, learned counsel appearing on behalf of the petationers, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos.l and 4 and learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.2 and 3.

2. The petitioners approached the Court seeking prayer as under: " ...to issue a Writ, direction, or order more particularly one in the nature of Writ of Mandamus or any other Writ or order/direction commanding respondent Nos.3 and 4 declaring the action of making attempts to dispossess the petitioners without any lawful authority as illegal and consequentially direct the Respondents not to dispossess the petitioners from land in Sy.No.48 to an extent of Ac.20-00 situated at Mothe revenue village, Pinapaka Mandal, Khammam District...".

3. The case of the petitioners, in brief, is that the petitioners have been cultivating podu lands admeasuring Ac.20.00 cents in Sy.No. 48 situated at Mothe Village, Pinapaka Mandal, Khammam District. The forest beat officer and the police authorities are 2 wP 20338-20 t5 with procla iners to boundary dispute The respondent trying to enter into their land and dig pits obstruct the petitioners from cultivating. Nos.3 and 4 are claiming that there is a between Revenue and Forest Department. The petitioners submitted a prajavani complaint to the project Officer, ITDA, Bhadrachalm, who in turn issued letter 11.05.2015 to the Divisional Forest officer, palvancha to conduct a joint survey of forest oFficials. However, the respondent Nos.3 and 4 are trying to evict the petitioners from the subject lands. Aggrieved.thereby the petitioners approached the Court by filing the present writ petition. R D THE RE ORD

4. Thi Cou a der on o P P N 2 97 f2 5in n 3 1 erv! u d r a "It rs submitted by the learned counsel for the petitioners that the petitioners are the owners and pattadars of land in Survey No.4B in an extent of Ac.20.00 situated at Mothe Revenue Village, pinapaka Mandal in Khammam District and they are having pattadar pass books also. >7 3 wP 2013E 2015 In the circumstances, the respondents shall not interfere with the possession of the above land without following due process of law".

5. The learned Assistant Government Pleader for Forests appearing on behalf of respondents submits that the writ petition could be disposed of in terms of the interim orders dated O6.O7.2O18 passed in W.P.M.P. No. 26L97 of 2015 in W.P. No. 20338 of 2015 which are in force as on date and the respondents may however be directed to initiate appropriate action against the petitioners as per the provisions of the Telangana Forest Act, L967 in the event petitioners encroach forest tand under the guise of the present orders to be passed in the present Writ Petition.

6. The learned counsel appearing on behalf of the petitioners does not dispute the said submissions made by the learned Assistant Government Pleader for Forests, appearing on behalf of respondents.

7. Takinq into nsideration (a) The aforesaid facts and circumstances of the case, I I 4 wP_20338-2015 (b) The submissions made by appearing on behalf of the petitioners and the tearned Assistant Government pleader for Forests, appearing on behalf of the respondents, learned counsel (c) The interim orders of this Court dated 06.07.2015 passed in W.p.M.p. No. 26197 of 2O1S in W.p. No. 20338 of 2O15 which are in force as on date, The writ petition is disposed of directing the respondents not to interfere with the possessaon . of the land to an extent of Ac.2O.OO guntas in Sy.No. 4g situated at Mothe Revenue Village, pinapaka Mandal, Khammam District without following due process of law. It is however, observed that under the guise of present orders if the petitioners encroach the forest land, the respondents are at liberty to take appropriate action against the petationers as per the provisions of Tetangana Forests Act, 1967. However, there shafl be no order as to costs. As a sequel, the any, pending in the Writ petition miscellaneous petitions, alsg styd ctosed. Thall //TRUE COPY// SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR CTION OFFICER T o,

1. The 2. The 3. The 4. The Dist Prl. Secretary for Home for Telangana Secretariat, Hyderabad Prl. Secretary for Forests for Telangana, Secretariat, Hyderabad Forest Beat Officer, FSO, Rangapuram, Pinapaka Mandal Khammam S.l of Police, Karakagudem Police Station Pinapaka Mandal Khammam r E 6 7 One CC to SRl. S RAJ KUMAR Advocate [OPUC] Two CCs to GP for Forests, High Court for the State of Telangana at Hyderabad. [OUTI Two CCs to GP FOR HOME, High Court for the State of Telangana [OUT] I \ B. Two CD CoPies KKS CJP HIGH COURT DATED:2810212025 I t CC TODAY n t ( l o d 1 t\e STAIE ? (-) 18 lr\t\H ?f5 + olJ t t: ::a> ORDER WP.No.20338 of 2015 DISPOSING OF THE WRIT PETITION WITHO UT COSTS (* td g e)