The High Court · 2025

Petition under Section 15'1 CPC praying that in the c rcumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to STAY of dispossessron of the petitioner from the agricultural lanC situated in Sy No. 1 '167 to an extent of Ac.0.01 gts situated at Ashwaraop,:ta Village and Ivlandal, Bhadradri Kcthagudem District by the respondents without following due process of law [renrl ng disposal of the main writ petition. Counsel for the Petitioner: SRI PENUBALLI RAMESH BABU Counsel for the Respondent No.1 & 3 to 6: GP FOR FORESTS Counsel for the Respondent No.2: GP FOR REVENUE The Court made the following: ORDER 'n HON'BLE MRS JUSTICE SUREPALLI NANDA WRITPE ON No.6 95O of 2o25 ORDER: Heard Sri Ramesh Babu Penuballi, learned counsel appearing on behatf of the petitioner, learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.l, 3, 4, 5 and 6 and learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.2.

2. The petitioner filed the writ petition seeking the following relief : "... to issue a Writ, order or direction more in the nature of Mandamus declaring the action of the respondents officials in trying to dispossess the petitioner from the lands situated in Sy. No'1167 to an extent of Ac-0'01 guntas situated at Ashwaraopeta Village and Mandal. Bhadradri Kothagudem District without issuing any notice or proceedings trying to dispossess the petitioner from his land alleging that the land belongs to the Forest Department, is highly illegal and avoid and opposed to Articles 14, lg, 2l and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the lands in question without following due process of law in the interest of justice and to pass...". I I I I i i i i l t, , 2 SN, J vP 6960 2025 The ,:ase of the petitioner, in brief, is that the petitioner is

3. the absolute lwner and possessor oF the land situated in Sy.No.116)', to an extent of Ac.0.01 guntas situated at Ashwaraopeta Village and Mandal, Bhadradrl Kothagudem District havingr purchased the same through registered r;ale deed vlde document No.4516/2017, dated 08.11.2017 for a valuable sale consideration from the original owner one Tagaram Venkateswara Rao. The petitioner had been in ctlntinuous possession of the subject land since the date oF pur(:hase i.e. 08.11.201r'. It is further case of the petitioner that the petitioner's name is reflects in Dharani portal and also in revenue records, howerrer the official respondents had been irrterfering with the peacr:'ul possession of the petitioner's subject property and are tryirq to evict the petitioner from the subject land contending that the subject land belongs to Forest Der)artment, without follovring the due procedure and without issuing any notice. Aggrieved by said action of the respondents the present writ petition is; filed.

4. Learned Assistant Government Pleader for Fores;ts places on record thr: Proceedings vlde Rc.No.B/1065/2024, dated . .- .::- 3 SN, J wP 6960 2025

28.12.2024 of the Tahsildar, Aswaraopeta addressed to the Deputy Executive Engineer, (R&B) Sub-Division' Aswaraopeta and in particular para No.2 of the said proceedings and contends that the subject land to the extent of Ac'0'11 guntas is patta land recorded in the name of "Forest Checkpost" as enjoyer in pahanies. PERUSED THE RECORD he Pro n s at .L2 2 h ilda ara ooe ad re dt oth eD outv Ex cutiveE olneer, 5 A Su -Di a 2 extractid hereunder "2. On perusal of Revenue Records and as per report of the Mandal Girdawar-I and Mandal Surveyor' Aswaraopeta' the land in in Sy'No. t24g to an extent of Ac'3'05 gts is Government land, whlch is being located at adjacent to Khammam to Devarapally road and adiacent compound wall of ZP Hlgh School towards Pollce Station of Aswaraopeta and lt is implemented in pahanies as v .o. h s r o 16 n h na o h 4 SN, J 'NP 6960 2025 6 The learned Assistant Government Pleader for Forests submits that the resDondents would fo pies the forest land approDriate action asainst the p herein would be initiated.

7. Takinq into consideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions of the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, appearing on behalf of respondents, (c) The contents of the Proceedings vide Rc.No.B/1O65/2024, dated 28.12.2O24 ol the Tahsildar, Aswaraopeta addressed to the Deputy Executive Engineer, (R&B) Sub-Division, Aswaraopeta, The writ petition is disposed of directing the respondents to follow due procedure under Iaw with respect to the petitioner's subject land. Howevclr, there shall be no order as to costs. I I 5 SN, J \\ry 6960 2025 As a sequel, the miscellaneous petitions' any pending, in the Writ Petition shall also stand closed' //TRUE COPY'/ S /-T. TlRUMALA DEVI UTY REGISTRAR SECTTO N OFFICER \ To, ;iliI.ii}$jfl:gffi Li.*H,:*l#ff fr sl'{rft':,,:l'uri,tn*'"- I *l'a[i{:f-:Xg"trricer' Forest Depa rtment' Aswa raopet B had rad ri ?q*-€f.iltr},ffi'pi.[','#lf i#tt*$r*,*iti;**:""" ,. i"-'"]J", to GP FoR REVENUE' High court for the state of relangana' ,o fo*llr.oo'"' BN. BS HIGH COURT DATED:0610312025 I I ORDER WP.No.6960 of 2025 .:/ {!* J l 'r) 2 b l\Af; 2i25 -t. c s 2 o A * DISPOSING OF THE WRIT PETITION WITHOUT COSTS lrW I I I I I I