The High Court · 2025

Judgment

1. The District Collector, Adilabad District.

2. The Tahsildar, Gudihatnoor Mandal, Adilabad District.

4. The District Forest Officer, Adilabad, District Adilabad. The Forest Range Officer, Echoda, Mandal Echoda, District Adilabad. ...RESPONDENTS lA NO: 1 OF 2025

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 suspend the operation of the orders passed by the Learned Single Judge in W.P.No.3464 ot 2013 dated. 09-12-2024 in so far it relating to 2nd llmb of the Judgment i.e. remanding the case to the respondent no.1 for reconsideration, pending disposal of the above Writ Appeal for the interest of justice. Counsel for the Appellant : SRI S.CHANDRASEKHAR Counsel for the Respondents No.1&2 : SRI MURALIDHAR REDDY KATRAM, . Counsel for the Respondents No.3&4 : SRI E.POORNACHANDER RAO, GP FOR REVENUE GP FOR FOREST The Court delivered the following: JUDGMENT --.---7 THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE I|ON'BLE SMT' WSTICE RENUKA YARrc' WRIT APPEAL No.443 of2025 JUDGMENT l)\ r i 'z Hon'bte the Acting Chief Justicb Sujotl PorLll Sri S. ll 'r:rnd'rasekhar, learned counsel ior lhe rlppellant; Sri Muralidh rr tieddy Katram, learned Governmetrt F leader for Revenue, ftlr rr: ;.;'ondent Nos' 1 and 2 and Sri Fl Pl()rrlachander Rao, learnec ( r )\rerflfir€flt Pleader for Forest' fcr r::spondent Nos.3 and 4. 2 Heard < tL admission' TlrisirifatourtappeaJtakesexceptlonlotheorder a.) dated 09. 12 2t). t:'I passed by a learned' Single Judge of this Court in W.P.No.3'lltt i 2Ol3' Th e a r oellant/writ petitioner filed the it'r it petition 4 assailing th,: c :rier of respondent No' 1 dated 30'Cr 1 2r113 issued in exercise of :rower under Section 145 of Coclt cf Criminal Procedure (tr:,- )r.)). Learned Single Judge enterta nt,d the writ petition ani t-t t; given following findings: ( Aggrieved by the said orders, the respor de n-t No-'3 . ."J". l"tt". io the respondent No l on 7 1' ' 2 '2012 ar [tLr I I L 2 ald Ex.Sarpanch of the said village made represcntation to the respondent No.1. Basing on the sald lettLr made by the respondent No.3 and representation of the Ex.Sarpanch, the respondent No. 1, without giving any opportunity to the petitioner, passed impugned orders vide proceeding No.Es/6603 /2012, dated 3O.01.2O13, stating tJlat there is likelihood of breach of peace and directed the respondent No.2 to initiate proceedings, under Section 145 Cr.p.C. till further orders and the respondent No.2 is directed to take disputed land under cover of pancharnama.

5. Merely basing on the letter addressed by the respondent No.3 and the complaint made by one pawar Rqwindra Naik, Ex.Sarpanch, Gudihatnoor, the respondent No. 1 passed impugned orders without issuing notiCe to the petitioner and the same is in violation of principles of natural justice and the impugned orders dated 3O.O 1.2O 13 passed by tl-re respondent No. I is liable to be set aside.

6. In view of the same, the writ petition is disposed of, by setting aside the impugned orderi vide Proc.No.E5l66O3 /2Ot2, dated 30.01.2013 passed by t1.e respondent No.1 arrd remand the matter to the respondent No.1 for re-consideration of entire material arrd t}1e respondent No.1 is directed to issue notice to the pelitioner ard give an opportunity to the petitioner to submit his explanation and documents for supporting his claims. After hearing the petitioner and the respondent No.3, the respondent No. I shall pass appropriate orders as per law. There shall be no order as to costs. Pending miscellaneous applications, petition, shali stand closed." if any in this 5 l,earned counsel for the appellaxt raised a singular contention. He submits that in view of order of Executive Magistrate and Tahsildar, Adilabad District, dated. 07.12.2012 (Annexure-P4), the land in question belongs to the appellant and the Forest Department could not establish that it is a forest land. --:::==ir.=--ii! I I Thus, the p -)ceedings under Section 145 of CrPC are not 3 maintainalrlt:

6. Th: < t :rer side supported the impugned o -dr:r of learned Single Jr-rdger \

7. A p1 r n reading of order of learnecl Sirrgie Judge, { It reproduce<l h : reinabove, makes it clear that the sinrlular reason for interfere n r,:: was that the order dated 30.01.2013' was passed u,ithout fo 1:,' ,rng the principles of natural justice atld therefore, learned Sinl t,: Judge directed the competer-rt authority for issuance t' r r otice to the appellant, follow the I >rinciples of natural jul;t.r r r and pass a fresh order. When this c rurse will be adopted b1 ,l-Le competent officer, the appellrerlt \.r'i11 get an opportunit]' . : take all possible stands, inclu drnrl the stard founded. tL1>c l the aforesaid order of Tahsildrlr i md revenue records etc. Hence, we f,lnd no reason to inte rirre with the impugned or ier passed by the learned Singie .lt.dir;e wherein a plausib)e vie' ." u.as taken. Thus, interferenct' is declined by reservin6l li:r r iy to the appellant to raise all poss;ibLe objections in the repir r be filed to the notice which is yer- lo be issued to the appelliLrrl :,v the competent officer. -t -r8

8. Accordingly, this Writ Appeal is disposed of without 4 expressing any view on merits of the case. No costs. Interlocutory applications, if any pending, shall also stand closed. ,TTRUE COPY" 'i'diNf.t'"t5'ffi SECTION OFFICER To,

1. The District Collector' Adilabad District' 2. The Tahsildar' Gudihatnoor Mandal, Adilabad District' Adilabad, District Adilabad 3. The District Forest Offlcer' Echoda' Mandal Echoda' D 4. The Forest Range Officer' RASEKHAR, Advocate tOPUCl 5. One CC to SRI S'CHAND ENUE, High Court for the State of Telangana 6. Two CCs to GP FOR REV wo CCs to GP FOR FOREST, High Court for the State of Telangana at istrict Adilabad'

7.1 Hyderabad touTl

8. Two CD CoPies' (P- BSK LS '-t 'l t HIGH COURT DATED:221g4llCt2'5 '1 t'.E- ST.. '_\. "( \ '* e 53 26 r{it'r i0ill t D6'-sp/.1 ., \t\ ; ll i"'/ ./ JUDGMENT WA.No.443 of 20i:15 DISPOSING OF THE WRIT PETITION WITHOUT COSTSI; \ s