The High Court · 2025
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Petition under Article 226 of the Constitution of lndia praying that in thd circumstanc,es 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 bf Writ of Mandamus to direct the respondents not to evict the petitioners from their ...RESPONOENTS lands located in l(omararam village, Yellandu Mandal, Khammam District to the extent of lands sprecified in the affidavit, as has been recognized by issuing forest rights passbooks under the provisions of The scheduled Tribes and other Traditional Foresl: Dwellers (Recognition of Forest Rights) Act, 2006 by declaring the action of the respondent authorities in waming them to vacate their lands, as specified in the schedule as illegal arbitrary, unjust apart from violative of principles of natural justice and against the powers vested in them t.A. NO: I OF 201 6(WPMP. NO: 34654 OF 2016) 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 direct the respondents not to evict the petitioners from their lands located in Komararam village, Yellandu Mandal, Khammam District to the extent of lands specified in the writ affidavit over which they are cultivating A NO: 1 OF 20lE Between: AND
1. The Divisional Forest Officer, Khammam District. Z. fne Cnef <)onservator of Forests, Telangana State, Saifabad, Hyderabad' 5. fne State of Telangana, Forests Department, Secretariat Buildings, "**t"o:..."=TrroNERsrRESpoNDENTs Hvderabad' Rep' by its Principal
1. Boda Sujatha, w/o Rama, Aged about.9Oyga5' Occ.Agricultur"".Y o Thontabaiu Thanda, Komararam village, Yellandu Mandal, Khammam District Z. .laioolfr klrvitha, w7o Bhikka, Aged-about 25 years, Occ Agriculture, Fyo Thontabalu Thanda, R/ o Komararam village, Yellandu Mandal, Khammam District g. Go6qiotn flanqi, w/o Hariya, Aged about 70 years, Occ Agriculture, Rl/ o +. dooqtoitr t;ukki,'do Bitcha, Aged about 45 years, Occ Agriculture, R/ o S. ginooth Sr.rnitha] w/o Shankar, Aged:about 32 years, Occ Agriculture, Rl/ o Kom-araram vili-age, Yellandu Mandal, Khammam District Kom-ararant village, Yellandu Mandal, Khammam District Komararant village, Yellandu Mandal, Khammam District ,.RESPONDENT'PETITIONER
6. The Statiorr House Officer, Komararam police Station, at Kachanpally village, Yellandu Mandal, Khammam District. 7. The Superintendent of Police, Khammam. A. fne Dirbctor General of Police, State of Telangana, Lakdi-ka-Pul, Hyderabad. 9. The Tahsiklar, Yellandu Mandal, Khammam District. i O. The Revenue'Divisional fficer, Kothagudem Division, Khammam District. 1 1 . The Districl: Collector, Khammam District. i Z. fne Stater of Teiangana, Home Department' Secretariat Buildings' Hyderabad, Rep. by its Principal Secretary.
13.The State of Telangana, Revenue Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary ...RESPONDENTS/RESPONDENTS (Respondents petition) /Respondents Nos. 6to13 are not necessary parties to this 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 vacate the interim orders passed on 19.08.2016 in W.P.M.P.No. 34654 of 2016 in W.p.No.2lg7z of 2O16 and dismiss the Writ Petition as devoid of merits Counsel for the Petitioners: SRl. NANDIGAM KRISHNA RAO Counsel forthe Respondent Nos. 1to3&9: SRI R. LAXMIKANTHR REDDY, GP FOR HOME Counsel for the Respondent Nos. 4,5,6,10: GP FOR REVENUE counselfor the Respondent Nos. 7,8&11: SRI NITENDER SIGNH , GP FOR FORESTS The Gouit made the following: ORDER 'ffi THEHoNoURABLESRIJUSTICEN.TUKARAMJI This writ Petition is filed under Article 226 0f the constitution of lndia seeking the following relief: ,,...fo iss,e a writ, order or Direction more patticularty one in the nature of Writ of Mandamus fo direct the respondents not to evict the petitioners from their tands located in Komararam village' YellanduMandal,KhammamDistict,totheextentoflands specifiecr in the affrdavit, as has been recognized by issuing forest rightspassbooks under the provisions of the scheduled Tribes and other Traditional Forest Dwelters (Recognition of Forest Rights) Act, 2006, by declaring the action of the respondent authorities in waming them to vacate their lands, as specified in the schedule' as ittegat, arbitrary, uniust, apart from violative of principles of natural justiceandagainsffhepowercvestedinthemandpasssuchother order or orders. - -" 2 None appeared on behalf of the petitioners'
3. r have, heard Mr. R. Laxmikanth Reddy, rearned Assistant Government Pleader for Home, appearing for respondent Nos' 1 to 3 and g and Mr. trlitendar singh, learned Assistant Government Pleader for Forests, appearing for respondent Nos' 7, 8 and 11' Learn,:d Assistant Government Pleader for Forests submits that' 4. during the pendency of this petition, the .process of recognition of the ' petitioners' r'ights under the Scheduled Tribes and Other Traditional ri- " 2 N7&/ W'.P. No. 27972 of 2016 Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter, 'l "RoFR Act, 2006") was completed, and title deeds were issued to the petitioners in the year 2023. Accordingly, nothing further survives in this petition for adjudication. I have perused the material placed on record
5. 6. From the submissions of both the petitioners and the respondents/Forest officials, it is evident that the petitioners have been issued passbooks recognizing their rights under the RoFR Act, 2006, as detailed hereunder: sl. No 1 2 3 4 Name of the petitioner Claim No Extent of land over which petitioners are in possession Boda Sujatha 221903004090035 4c.2.20 cents Jatooth Kavitha 221903004090010 Ac.3.90 cents Googloth Rangi 221903004010061 Ac.3.80 cents Googloth Sukki 221903004010028 Ac.1.33 cents
5. Banooth Sunitha 221W3004070004 Ac.1 .30 cents
7. Now, after filing of this petition, as per respondent Nos. 7, B and 1 1, the petitioners were granted lands as hereunder: cEtFrT :-' .' , '-.:-;-. -t-.. - tr- ., .T -. ' .:1" J Nr&/ IV.P. No. 27972 of 2016 Statements shovuing details of petitioners' recognition completed Under RoFR Act, in W.P.No.27972of 2016 st. No. Narne of the pertitioner RoFR Title Deed No. Extent (in Ac.) Remarks 1 2 P1 Boda Sujatha RoFR0221 0028341 3
4.37 P2 Jatool:h Kavitha RoFR022100350985
4.31
3. P3 Googloth Rangi RoFR022100299123
2.27
4. P4 Googloth Sukki RoFR022100472169
2.13
5. P5 Banooth Sunitha RoFR022100351000
3.51 Title deed issued to petitioner in the year, 2023 issued to Title d€ed petitioner in the year, 2023 Title deed issued to petitioner's family members in the year, 2023 Title deed issued to petitioneds son in the Yeat,2023 Title deed issued to petitioner's family members in the year, 2023 8 ln view of the foregoing submissions, this Court is of the opinion that nothing further survives in this petition for adjudication. However, it is E clarified that irr the event of any grievance arising in respect of allotment or atleged encroachment by either party, the respective parties shall be at liberty to avail appropriate remedies in accordance with law. g. With ther above direction, the Writ Petition is disposed of. There shall be no orcler as to costs. Pending miscellaneous applications, if any, shall d closed. //TRUE COPYII .REKFIA RANI OFFICER To,
1. The Station House Officer, Komararam police Station, at Kachanpally village, Yellandu Mandal, Khammam District. 2. The Superirrtendent of Police, Khammam 3. The Director General of Police, Slqle of Telangana, Lakdi-ka-Pul, Hyderabad 4. The Tahsildar, Yellandu Mandal, Khammam D-istrict 5. The Revenue Divisional Officer, Kothagudem Division, Khammam District. 6. The District Collector, Khammam District.
7. The Divisional Forest Officer, 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, Hyderabad, Rep. by its Principal Secretary.
11.The State of Telanljana, Forests Department, Secretariat Buildings' Hvderabad. Reo. bv its Princioal Secretary.
12.ohe cc to'SRi. NANDIGAM'KRISHNA FiAo Advocate {oPUcI 1 3. Two CCs to GP FOR FORESTS (TG) ,High Court for the State of Telangana. touTl Hyderabad IOUTj 1 4. Two CCs to GP FOR HOME High Court for the State of Telangana, at 1S.Tfro CCs to- GP FOR REVENUE High Courtforthe State of Telangana, at Hyderabad [OUTj 16.Two CD Gopies . BM HIGH COIJRT DATED t2310912025 ORDER WP.No.27972 of 2016 iHE Sr4 ',] 2 2 JAt{ 2026 * * DISPOSING OF THE WRIT PETITION WITHOUT COSTS %