The High Court · 2025

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 natuie of writ of mandamus declaring the action of the Respondents herein more particularly Respondent No.4 in interfering with the peaceful possession of agricultural land of the Petitioner to an extent of Ac.5-00g1s., in sy.No.273l451, situated at Rachakonda Sivar, Samasthanarayanpur Mandal, yadadri Bhuvanagini District, as illegal, arbitrary and violative of the petitioner's fundamental rights under Article 14, 19(1)(g) and 300-4 of the constitution of India and to consequently direct the Respondents not to dispossess the petitioner from peaceful possession and enjoyment of the agricultural land to an extent of Ac.5-009ts., in Sy.No.273145i, situated at Rachakonda Sivar, Samasthanarayanpur Mandal, Yadadri Bhuvanagiri District in the interest of justice. lA NO: 1 OF 2022 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 dispossess the Petitioner from peaceful possession and enjoyment of the agricultural land to an extent of Ac.5-00 gts., in Sy.No.2731451, situated at Rachakonda Samasthanarayanpur i\,4andal, Yadadri Bhuvanagiri District, i1 the interest of justice, pending disposal of the writ petition. lA NO: 1 OF 2023 Between:

1. The District Col ector, Yadadri Bhuvanagiri District (Erstwhile Nalgonda District).

2. The Tahsildhar, Yadadri Bhuvanagiri District (Erstwhile Nalgonda District). ...PETITIONERS/RESPONDENTS AND

1. Nallabothu Yadaiah, S/o Maraiah, Age about 40 years, Occ: Agricuiture, Rl/o. Thumbai Thanda, Narayanapuram lt/andal. Yadadri Bhuvanagiri District. ...RESPONDENT/PETITIONER 2 3 4 The State of Telangana, Rep. by its Prl Secretary, Forest Department, Secretariat, Hyderabad. The District Forr:st Officer, Yadadri Bhuvanagiri District (Erstwhile Nalgonda District), The Forest Range Officer, Choutuppal, Yadadri Bhuvanagiri District (Erstwhile Nalgonda Distrir;t). ...RESPONDENTS/RESPONDENTS (Respondent No.2 to 4 are not necessary parties to this petition) Petition under {lection 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to vacate the interim order dl: 2110212023 passed in W.P.No.18306 of 2022 and dismiss the writ petitic n. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent No.1,3 & 4: ASST. GP FOR FORESTS Counsel forthe Respondent No.2 & 5: ASST. GP FOR REVENUE The Court made the fcllowing: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.183O6 oF 2022 ORDER: Heard Sri Rapolu Bhaskar, learned counsel appearing on behalf of the petitaoner, learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos'1, 3 & 4 and Iearned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.2 & 5. 2, The petitioner approached the Court seeking prayer as under: ".-.to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents herejn more particularly Respondent No. 4 in interfering with the peaceful possession of agricultural land of the Petitioner to an extent of Ac'5-00gts in Sy.No. 273/451, situated at Rachakonda Sivar, Samasthanarayanpur Mandal, Yadadri Bhuvanagini District as illegal arbitrary and violative of the Petitioner's fundamental rights under Article 14, 19(rXg) and 300-A of the Constitution of India and to consequently direct the Respondents not to dispossess the Petitioner from peaceful possession and enjoyment of the agricultural land to an extent of Ac.5-00gts in Sy'No.273l451, situated at -- 2 Rachakonda Sivar, Samasthana rayan pur Mandal, Yadadri Bh uva nag iri District

3. ft is specific case of the petitioner that the petitioner is the pattadar for the land to an extent of Ac.S-OO gts., in Sy.No.273/451, situated at Rachakonda Sivar, Samasthanarayanpur Mandal, yadadri Bhuvanagriri District and the said land had been assigned to the petitioner in the year 19g3 vide proceedings No.B/,4L3/1998, dated 3O.O5.1998 and the revenue Authorities had mutated the petataoner,s name in all the revenue records and issued pattadar passbooks and title deeds vide No.645636 and patta No.1216 and the petitioner had been cuttivating the subject land without any interference from anybody in the village and there is a standing crop in the said subject lands. It is further the case of the petitioner that the 4tt, respondent without foltowing due process of !aw, is interfering with the possession of the petitioner and is trying to dispossess the petitioner from petitioner,s subject tands. Aggrieved by the same, J the petitioner approached this Court by filing the present Writ Petition,

4. This Court vide its order dated O9.LL.2O22 passed interim orders of status-quo in favour of the petitioner and the status-guo granted in favour of the petitioner had been extended from time to time.

5. The counter affidavit has been filed on behalf of the respondent No.3 denying the averments made by the petitioner in the affidavit filed in support of the present Writ Petition and a specific stand is taken by the 3'd respondent stating that as per the field verification and on survey of the land claimed by the petitioner, it is established that the land is part of notified Rachakonda Reserve Forest falling in compartment No.21O, situated in Sy.No.273 situated in Rachakonda (V), Narayanapuram (M), Yadadri Bhongir District and the said subject Forest Block was notified as Reserve Forest under Section 7 of erstwhile Hyderabad Forest Act, 1326 Fasli in the year 1326 F and 1 -a- was published in Ap Gaz.No.41, dated 09.11.1352F with an extent area of 52S9.4O1 ha (Ac 13243-03 Gts).

6. Learned Assistant Government pteader for Forests appearingl on behalf of the respondent Nos.l, 3 & 4 placing reliance on the averments made in the counter affidavit filed on behalf of the respondent No.3 submits that the petitioner is misleading the Court to grab valuable notified Reserve Forest land and is making an attempt to obtain favourabte orders under the guise of patta issued to the petitioner and therefore, the petitioner is not entifled for relief as prayed for by the petitioner in the present Writ petition.

7. Learned Assistant Government pleader for Forests appearing on behalf of the respondent Nos.1, 3 & 4 further submits that in view of the fact as borne on record that a notice dated 25.O2.2O2L vide letter No.L!7t/2O2O/S2, 54 had been issued by office of the Distract Forest Officer, yadadri Bhuvanagiri District to the petitioner herein as per the relevant provisions of the Telangana Forest Act, L67, hence the petitioner .\ may be directed to submit petitioner's detailed explanation with regard to the said notice and furnish all the required documents in support of petitioner's case in response to the notice dated 25.O2.2021 issued to the petitioner by the 3'd respondent herein within a reasonable period to enable the 3'd respondent to pass appropriate orders in accordance to law.

8. Learned counsel appearing on behalf of tl"ie petitioner does not dispute the said submissions made by the Learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1, 3 &4. Takin into n side rati i) The aforesaid facts and circumstances of the case, ii) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.l, 3 & 4. 6 The Writ Petition is disposed of directing the petitioner to submit a detailed explanation and the relevant legal documents as sought for through the notice of the 3'd respondent herein, dated 25.02.2021 issued to the petitioner within a period of four (04) weeks from the date of receipt of copy of this order and upon the petitioner submatting the said legal documents and also the petitioner's grievance as put- forth in the present writ Petition to the 3'd respondent herein through a detailed explanation by way of a representation duly enclosing all the relevant documents, the respondents shall consider the same in accordance to law in conformity with principles of natural .iustice by giving an opportunity of personal hearing to the petitioner and pass appropriate orders within a period of four (04) weeks there from and duly communicate the decision to the petitioner. Till the above exercise is initiated and concluded as per the directions as issued as above within the time period as stipulated as above, the interim orders of I 7 Status-quo granted on 09.11.2O22 shall remain force. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/.A. SRINIVASA REDDY T REGISTRAR ASSI ECTION OFFICER To, District), District). Hyderabad.

1. The Prl Secretary, Forest Department, The state of Telangana, secretariat, z. ffre-oLirCt Collector, Yadadri Bhuvanagiri District (Erstwhile Nalgonda e. ihe'tji;irict Forest Officer, Yadadri Bhuvanagiri District (Erstwhile Nalgonda +. if,u'F-o,iLst Range Officer, Choutuppal, Yadadri Bhuvanagiri District (Erstvvhile S. The"Tahsitdhar, Yadadri Bhuvanagiri District (Erstwhile Nalgonda District). O. One CC to SRI RAPOLU BHASKAR, Advocate [OPU-C] t. i*" CCs to Gp FOR FORESTS, High Court for the State of Telangana' e iwo CCs to GP FOR REVENUE, High Court for the State of Telangana' 9. Two CD CoPies Nalgonda District). touTl BN GJP $ HIGH COURT DATED:2910112025 I ORDER 11- S i^i 7 ( ,t .) -.) icl 20riB M ( v 2 a WP.No.1830€i of 2022 71,a\ il r,AT crr(-.$ DISPOSING OF THE WRIT PETITION WITHOUT COSTS orqo&- f,,tM