WRIT PETITION NO: 11066 OF 2026 v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances 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 of Writ of Mandamus declaring the action of the respondents in interfering into the peaceful possession and enjoyment of the Petitioners land in Sy.No.91l368lA an extent of Ac.4.0000 Gts existing House bearing no. 1-290, situated at Gangapur village shivar, chintalamanepalli Mandal, K.B.Asifabad District as illegal and arbitrary and unjust also violation of Articles 14, 19, against the principles of natural justice and violation of Article 300-4 of the Constitution of lndia and consequently direct the respondents No. 2 to 4 not to Dispossess the petitioner from peaceful possession and enjoyment of the land in Sy.No.91/368/A an extent of Ac.4.0000 Gts existing House bearing no. --rrlrr 1-290, situatec at Gangapur village shivar, chintalamanepalli Mandal, K.B.Asifabad District l.A. NO: I OF:1026 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 No. 2 to 4 not to interfere into the peaceful possession and enjoyment of the Petitioners land in Sy.No.9'l/368/A an extent of nc.i.oooo Gts existing House bearing no. 1-1190, situated at Gangapur village shivar, chintalamanepalli Mandal, K.B.Asifabad D strict pending disposal of the main writ petition. Counsel for thrr Petitioner: SRI RUDRESH DESHPANDE Counsel for tho Respondents: AGp FOR FORESTS The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE MRS. JUSTICE SUREPALLI NANDA DATE: 13.O4.2026 Mandal Aravind The State ofTelangana, tsorest Department Hyderabad & 3 others Petitioner And Respondents Heard Sri Rudresh Deshpande, learned counsel appearing on behalf of the petitioner, tearned Assistant Government Pleader for Forest appearing on behalf of Respondent Nos.1 to 4.

2. 2 5ll,J W.P.no.1lO56 o, rO26 ; ;,,; "...to issue a Writ, Order or: Direction more particularly one in the nature of Writ of Mandamus, der:laring the action of the respondents in interfering into ther peaceful possession and enjoyment of the petitioners land in Sy.No.91/368/A an extent of Ac.4.0000 Gts existing House bearing No.1-290 situated at Gangapur Village Shivar, Chintalamanepalli Mandal, K.B.Asifabad District as illegal and arbitrary and unjust also violation of Articles L4, 19, against the principles of natural justice an<l violation of Article 300-4 of the Constitution of India ancl consequently direct the respondents 2 to 4 not to Dispossess the petitioner from peaceful possession and enjcyment of the land in Sy.No.91/36B/A an extent of Ac.,1.0000 Gts existing House bearing No.1-290 situated at Gangapur Village Shivar, Chintalamanepalli Mandal K.B.Asifabad District and to pass such other order...,,

3. The case of the petitioner, in brief, is that the petitioner is the owner and possessor of agricultural land admeasuring Ac. 4.00 guntas in Sy. No. 9t/368/A, situated at Gangapur Village, Chintalamanepalli Mandal, K.B. Asifabad District. The petition()r's name was duly mutated in the revenue records, and the petitioner had been issued a pattadar passbook and Title Deed bearing patta No. 626342 and e-passbook No. T16030Ct90448. 3 5t{,1 W.l-xcl1056 o, 2025 On 09.06.2016, the forest officials had registered a case against the petitioner vide pOR No. 1335/27 for alleged offences under Sections 27(2)(ii) and 26(1)(b) of the A.p. Forest Act, !967, on the ground of encroachment into reserve forest land. The said case was tried as C.C. No. 293 ot 2Ol7 before the Judicial Magistrate of First Class, Sirpur-T, and by judgment dated 26.11.2025, the petitioner was acquitted, with a clear finding that the land was not forest land and that the construction was on assigned land. SubsequenHy, in 2026, Respondents 2 to 4 once again attempted to interfere with the petitioner's possession by digging trenches near the land, claiming it to be reserve forest land, lvithout issuing any notice or following due process of law. Apprehending dispossession ancl irreparable injury, the petitioner had approached this Court by filing the present writ petition seeking protection of petitioner's possession. 3

5. 4 s|l., W.P.l{o-11t,56 ol 2025 (i) The petitioner is the owner and possessor of the agricultural land admeasuring Ac.4.00 Gts., in Sy.No.!tU368/A situated at Gangapur Village Shivar, Chintalamanepalli Mandal, K.B. Asifabad District. (ii) The name of the petitioner has been mutated in revenuo records and the petitioner has been issued pattadar Passborrks and Title deed vide Patta No.626342 and Unique I.D.No.010212 by the Revenue Department. (iii) The petitioner had been peacefully cultivating the subject land by doing agriculture for his livelihood without any interruption, since more than a decade. (iv) The respondent Nos. 2 to 4 have been interfering with the subject land of the petitioner including the petition(lr's existing house and a false case had been register,:d against the petitioner vide POR No.1335/27 dated

09.06.2C16 on the ground that the petitioner had committed the offences under Sections 27(2) (ii) and Section 26(1)(b) of A.P. Forest Act, 1967. Though the petitioner had been acquitted vide Judgment dated 26.Lt.2O25 on the file of the learned Judicial Magistrate of First Class at Sirpur-T in 5 sta,,, W.P.t{o.ltO66 ol 2026 C.C.No.283 of 2017, the respondent officials continued to interfere with the peaceful possession of the petitioner. Based on he aforesaid submissions, learned counsel ooearino on behal f of the oetitioner contends that the oetitioner is entitled for the relief as oraved for in the oresent writ oetition.

6. Learned A stant Government Pleader brinos on record written instructions dated 10.04.2O26 of the Forest Ranoe Officer, Kariellv, and the relevant oortion of written instructions, is extracted hereunder: "It is further submitted that the petitioner is the owner and possessor of the land in Sy.No.9U368/A an extent of Ac.4.00 Gts situated at Gangapur Village, Shivar Chintalamanepalli Mandal KB-Asifabad District, and his name was mutated in the revenue records and issued patta passbooks and title deed vide Patta No.626342 and Unique ID No.010212 by the revenue department and e-pattadar pass books and issued vide Pass book No.T16030090448 vide Khatha No.922 the then Telangana Government during the year 2016. But the petitioner herein without having the subject Forest lands and any point of time, claiming rights over the subject Forest land and as such the question of granting right certificates under Sec.4(5) of RoFR Act,2006 does not arise. t) sl.|,J W-P.no.l1(,56 of 2025 ,: Further is submitted the, the Forest Range, Karjelly issued notice on 14.05.2015 to Sri Aravind Mandal S/o Anila Mandal, R/o. Ravindranagar regarding removing any building or other construction or anything growing or deposited on it from forest areas, and took the acknowledgment of Aravind Mandal S/o. Anila Mandal R/o. Ravindranagar. The copy is en,:losed herewith. Further it is submitted that a POR was registered vide L335127 dated 09.06.2016 for the offences under Section 27i2) (ii) of A.P. Forest Act, Section 26(1Xb) of A.P. Forest Act:, 1967. Further, the Forest Range Officer have filed a charge sh(:et against Sri Aravind Mandal S/o. Anila Mandal, R/o. Ralindranagar in the Hon'ble Court Sirpur-T. The courts have par;sed orders in this case as follows. "The accused is found not guilty for the offences punishable U/Secs 3.27(2)(ii) of A.P. Forest Act, Sec.26(1Xb) of A.P. Forest Act, 1967. Accordingly, he is acquitted under ser:.248( 1) of Cr.P.C., for the said offences. The bail bond of the accused shall remain in force for a period of six months as contemplated under Sec,437 Cr.P.C."

7. Learned Assistant Government Pleader submits that writ petataon could be disposed of directing the respondents to follow due procedure under law. A bare perusal of the wratten instructions indicate that thel petitioner is the owner and possessor of the 7 sn,, w.P-xo-t t 066., 2(,2C land in survey No.91/368/A to an extent issued at Ghanpur Village Shivar, Ac.4-0O Gts., Chintalamanepalli Mandal, K.B. Asifabad District and petitaoner's name had been mutated in'the revenue records. The Petitioner had been passbooks and titte deeds vide Patta No'625342 and Unique I.D.No.O1O212 by the revenue department and e-pattadar passbooks atso had been issued vide e-Passbook No.T16O3OO90448 Vide Khatha No'922' The written instructions also indicate that a case had been registered against the petitioner vide POR No' 1335127 dated O9,O6.2016 for the offences under Sections 27(2)(iil and 26(1Xb) of A.P. Forest Act, 1967 which ended in acquittal in favour of the petitioner herein, and the petationer had not been found guilty for the offences alteged against the petitioner.

9. case, a) The aforesaid facts and circumstances of the l.l s|l,., W-P-t{c11l,65 ot 2026 b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learrred Assistant Government pleader appearing on behalf of the respondents, c) The written instructaons brought on record dated 10.04.2O26 ot the Forest Range Officer, Karjelly (referred to and extracted above), The Writ Petition is disposed directing the respondents to follow the due procedure of taw as laid down in the Forest Act, 1967. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. /TTRUE COPY// To, A. SREENIVASA REDDY SISTANT REGISTRAR e SECTION OFFTCER 1' The Principar Secretary,.Forest Department, Dr. B.R. Ambedkar Terangana State Secretariat, Khairtabad, Hyderbbad, State of Telangana. 2. The Dis;trict Forest Officer, K.B.Asifabad, At. K.B.Asifabad District 3. The Dil,isional Forest Officer, Kagaznagar, K.B.Asifabad District. 4. The Forest Range Officer, Karjelly Range, K.B. Asifabad District. 5. One CC to SRt RUDRESH DESHPANDE, Advocate tOpUCl 6' Two ccs to GP FoR FORESTS, High court for the state of relangana at 7. Two CD,Copies Hyderabad [OUT] BSR GJP t$- HIGH COIJRT DATED: 1310412026 CC TODAY cY ,) f 2 0 APn 2U6 z 1r ORDER WP.No.11066 of 2026 DISPOSIT{IG OF THE WRIT PETITION, WITHOUT COSTS upR* -\,+,tr Dha