High Court · 2025

PetitionunderArticle226of|heConstitutionoflndiaprayingthatinthe fif"a tfrerewitfr' the High Court may be pleased circumstances stated in tft" di;;;;;'';or" par.tic'tar.ty onJin th" nature of writ of "iiO""it to issue a writ, order "' ine respo,ndenis in interfering with petitioner mandamus declaring tn" '"ii"" "t an extent of Ac 7-18 Gts and possession of land it s;-N;' -i:fl+tanbtz 454l4lAAl2l1 an extent of Ac. 6.-o7 Gts. totaring an extent of Ac. .r3-25 Gts. situated in Burgampadu Virase and Mandar, sr,iJrioii-K;inagudem District as iregar, 1?it*ry and against to principtes ot nrtriailr.ti"J'rno consequen.y direct the respondents not to interfere with the possession ano of petitioner rand in sy. No. 454r4rAAr2r2 an extent of Ac. 7-18 Gi.. ;n; extent of Ac. 6-07 Gts. totarins an extent of Ac. 13_25 ct.. ,itr"Li-i, E;;#oilr'il;:;: ;, Mandal, Bhad radri-Kothagudem District -45414rAN2r1an "n;oym.nt IA NO:'t oF 2024 Petition under Section '151 cpc praying that in the circumstances stated in the affidavit filed in support of the peiitio;, if," Hign Court may be pleased to extend^interim order granted in l.A. No. I ot'zOiS in"w.p. r.fo. 9258 of 2023 dated 04-04-2023 and extended from time to time, *tir rr.*r". orders pending disposar of writ petition lA NO: 2 OF 2024 Petition under section 15'r..cpc praying that in the circumstances stated in the affidavit fired in support or tne peiitio'n. ir'L nign cou( may be preased to extend interim order qranted in I.A. Nb. r o,t zoil in"w p. r.ro. 9258 0f 2023 dated :ff.t;'irii#"d extended rrom time to ti'elurt]r'ir.tt,",. o..a"o p!"or"g drrp"r"r lA NO:1 O F 2023 Petition under Section.l.Sj CpC praying that in the circumstances stated in the affidavit fired in support of the petition,l'h""r-rlgil'i"r.t may be preased to direct the respondents not to interfere wi*r *re p"1."irr "possession and enjoyment of petitioner land in sv. No. 4s4r4rAN2Lz ,n ert-"n-t J'd". rla Gts. and 4s4t4rAAr2t1 an extent of Ac. 6-07 Gts. totaling ,n ert"ni oi- Ac. 13_2s Gts. situated in Burgampadu viilage and lVrandar, Bh;d;drii(o"i;aiuoem District pending disposar of the above writ petition IA NO: 2 oF 2023 Petition under Section cpc praying that in the circumstances stated in the affidavit fired in support of,the petition, ir'"-riigh* dor.t may be preased to bring petitioners on record as regar representatives or" th" o""urred 1st petitioner i.e, Maremalla Ujwaranath as petitioners 2 and 3in ft,u uoo* writ petition IA NO:4 OF 2023 -151 Petition under Section- 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, tnu Corrt may be preased to extent interim order sranted in r.A. No. 1 of 2023 ii w.p. no.'szsd Li-iozJ J"Lo o4ro4r2023 and extended from time to time, untir furtner orders pending disposar of writ petition -nitri lA NO: 3 oF 2023 Between: ? 4 5 1 2 AND

1. The State of Telangana' Rep' Py its Principal Secretary' Forest ' D6;ti#"-iat SecYetariat' Hvderabad' 2. The Principal Chief Conservator of Forests' Aranya Bhavan' Saifabad' Saifabad' HYderabad' The Conservator of Forest, Khammam' Khammam District' Divisional Forest Officer, Palvancha Bhadradri-Kothagudem District' The Forest Range Officer' Mahadevpur Range' Palvancha' Bhadradri- Kothagudem District' ..PETITIONERS/RESPONDENTS M a re m a r r a U jwelu n el! : .s-lorliJ [1-l1tl3T;,,]9if d:,i,Xi J l*,LSf "' o ""' cloth Merchant Resident ot ...RES'.NDENT/PET,rI.NER The Revenue Divisional Officer' Bhadrachalam' Bhadradri-Kothagudem District 3 The Tahsildar, Burgampadu, Burgampadu tvlandal' Bhadradri- Kothagudem District ...RESPONDENTS/RESPONDENTS "i petition under Section 151 cpc praying that in the circumstances stated in i# pit'*l ifi" irignco"t mav be pleased to vacate the affidavit filed in support the interim order dated 04-01-;b;5' i; t'to t oizozs in w P' No 9258 of 2023 in ii; ili;;;;;i;rotection of iorest lands from being encroached Counsel for the Petitioner: SRI' R R KALYAN Counsel forthe Respondent Nos'1 to 5: GP FOR FORESTS Counsel forthe Respondent Nos'6&7: GP FOR REVENUE The Court made the following: ORDER . :..-:., ,,::_-\. .!t/ . ;r. // -r-, THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.9258 oF 2023 ORDE R: This Writ petition is fiied under Articl e 226 of the in thr norutp of Constitution of India, seeking the following relief: "_. t: is:u? a rurit, order or directron morc pan;(_ulorlu I txnt of mot.tlomu\ io"lannn rhe ot_Lion or rhp rcspondc-nt,)nc pptttto,pt / oss.ss,o,r ot toia in. ", ,:" iii')i)iXi';T;,:,,i,,,,.:,iil:;;r,y,!I Ct'. and 4.,4/ t/A,Ltit on extc, of Ac. oOZ CLs. Lotulti Bu'sampirlu i"'"nJ"""?-'iio^;;',,'-E;:;li; '-:.'1L:;:,,, i,',1!,Xli,o,"'i, ,:.-,::1rJ:l;;;,:;::,+:'!i:::!;'::;if :;:":,:";f :u::,.:t;;,;;ii: :i;::;::;;,";!,;Z::ffi' ""!.91""o""' r""a '" s):' iiosa/a/AA/2/2 an a,t extent ot Ac t:) 2s 2,1t,!,i,1#!r.1, :.,:_::::"; ,! n:.6 07 Gts totauirlq ehoa,a,ta.i:ur']tus,;;";; ,,i_'r:;.:':::'f:r1/',8,.,.sampadu viualle and Morulit 2. During the pendency of this Writ petition, petitioner No. t had passed away. Therefore, his wife and son were brought on record as his regal heirs to contest the matter viz., petitioner Nos.2 and 3 respectively, uid.e order dated 27.07.2023 in I.A.No.2 of 2023.

3. Heard Sri R.R.Kalyan, learned counsel for the petitioners; learned Government pleader lor Forests for respondent Nos. 1 to 5; and iearned Government preader for Revenue for responcient Nos.6 and. Z .

4. Learned counsel for the petitioners submits that while the petitioners were in peaceful possession and enjoyment of 2 PK,J Wp 925a,2o23 agricultural land in Sy'Nos'454/4 lAAl2ll to an extent of Ac.6-07 guntas and. 454 l4lAAl212 to an extent of Ac'7-18 guntas situated in Burgampadu Village and Mandal' Bhadradri-I(othagudem District' the respondents were interfering with their peaceful possession without following due process of law' Therefore, petitioner No 1 along with his brother approached this Court by fiiing W'P No'7369 of 2OiB' which was disposed of uide order dated OB'03 2018 directing the respondents not to interfere with the private property of the petitioners. Despite the same' in 2OL9 ' the forest officials once again started to interfere with peaceful possession of the petitioners over the very same subject land' Therefore petitioner No'1 along with his brother filed a Contempt Case uide C.C.No'1451 of 2019, which was closed uide otder daled 1.6.12.2022 d.irecting the respondents not to interfere with the private property of the petitioners till the demarcation of the boundar5r of the forest land' Thereafter' a survey was conducted and a report was submitted to the District Collector, Bhadrad,ri-Kothagudem District' wherein it was stated that the subject land' of the petitioners is not covered by the boundaries of the Forest land" Nevertheless' the ..', @,, - I i I i I 3 PKJ lvp 925a 2023 respondents are once again interfering with the peaceful possession of the petitioners, subject land without following due process of law. Therefore, learned counsel prays this Court to pass necessary orders in this Writ petition.

5. Learned Government pleader for the respondents submits that the Inspector of Survey, SLR, Bhadradri_ Kothagudem District, has unilaterally submitted a joint survey repon to the District Collector, Bhadradri_Kothagrrdem Disrrict, horcring that the rand in question is not covered under the Forest lald. However, on a perusal of the said that the Inspector of Survey, SLR, Bhadradri-Kothagudem District, has submitted the aforesaid report without actually conducting a joint inspection of the entire area in Kistasagar Ext_l Reserve Forest. report, it is observed

6. Having regard to the submissions made by learned counsel for the respective parties, this Writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the subject land in S.y.Nos.454l4 /AAl2lI and. 454/4/AA/2/2, admeasuring an extent of Ac.6.O7 guntas and Ac.7.1g guntas 4 PK,J Wp 9258 2023 situated in Burgampadu Viilage and Mandal, Bhadradri- Kothagudem District, without following due process of law' Miscellaneous petitions pending, if any' shall stand closed. There shall be no order as to costs' SD/.C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTI OFFICER To, HYderabad' 1 . The Principal Secretary' Forest Department' Secretariat' Hyderabad 2. The Principal Chief Conservator of Forest' Aranyna Bhavan' Saifabad' 3- The Conservator of Forest' Khammam' Khammam District' 4. Divisional Forest Officer' Palvancha Bhadradri-Kothagudem District- 5. The Forest Range Officer' Palvancha' Bhadradri-Kothagudem District' 6. The Revenue Divisional Officer' Bhadrachalam' Bhadradri-Kothagudem District.

7. The Tahsildar' Burgampadu, Burgampadu Mandal' Bhadradri-Kothagudem District. One CC to SRl. R R KALYAN Advocate [OPUC] Two CCs to GP FOR FORESTS 'High Two CCs to GP for Revenue' High Court for the State of Telangana at Court for the State of Telangana 8 o 10 Hyderabad. IOUTI

11.Two CD CoPies KKS BS M. HIGH COURT DATED:01 tOBt2O2S ORDER WP.No.9258 of 2023 RO t l'.. -r x t2stPzffi * I I I I l I i i t l l I I I I I I i DISPOSING THE WRIT PETITION WITHOUT COSTS 1 i7