The High Court · 2025

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstanies 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 high handed action of the respondents particularly, the respondents 3 and 4 and their officials in trying to interfere with peaceful possession and enjoyment of the petitioners by way of dispossessing them from the land total admeasuring Ac.4-32 gts., bearing sy.nos.2285, 2286, 2287, 2288, 2289, 2250, 2291 ,2292, 2293, 2294 and 2295 of Nizamabad Village and Mandal, Nizamabad District, on the assumption of encroaching neighboring Government land without issuing any prlor notice or without following the procedure contemplated under law, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also in violation of Articles 14,21 and 300-4 of Constitution of lndia, and consequently direct th€ respondents not to interfere with peaceful possession and enjoyment of the letitioners over the subject lands, without following the procedure contemplated u rder law l.A. NO: 1 OF 2016(WPMP. NO: 14699 oF 2016) Petition under Section 151 CPC praying that in the (ri cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with peaceful posset; ion and enjoyment of the petitioners by way of dispossessing them from the larrr total admeasuring Ac.4-32 gts., bearing sy.nos.2285, 2286, 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2294 & 2295 of Nizamabad Village and Mandal. llizamabad District, without following the procedure contemplated under the law, rending disposal of the writ petition Counsel for the Petitioners: SRl. MOHD MOIN AHMED QUA: Rl Counsel for the Respondent Nos. 1to3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR FORESTS The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 11680 of 2O16 ORDER: This writ petition is filed seeking the following prayer:- "...declaing tLrc high handed action of the respondents particularlg the respondents 3 and 4 and their offictals in trying to interfere u.tith peaceful possession and enjogment of tte petitioners bg utag o/ dispossessing them from the land total admeasuring Ac.4-32 gts bearing Sg.Nos.2285, 2286, 2287, 2288, 2289, 2290, 2291, 2292, 2293, 2294 and 2295 of Nizamctbad Village and Mandal, Nizamabad District on the assumption of encroaching neighboring Gouernment land u,tithout tssuing ang pior notice or uithout follouing the procedure contemplated under lant as illegal arbitrary unjust unconstitutionctl uiolation of principles of natural justice and also in uiolation of Articles 14, 21 and 30OA of Constitution of India and consequentlg direct the respondents not to interfere with peaceful possession and enjogment of th.e petttioners ouer the subject lands utithout follou-ting the procedure contempLated under lauL. . . "

2. The facts of the case in brief as stated are that petitioners made application before respondent No.3 for mutation and incorporating their names in re ven ue records, accordingly respondent No.3, after dure enquir,y, issued mutation proceedings incorporating their names in the revenue records. Thereafter, the petitioners rvere also issued r,r,ith pattadar passbooks and title deeds. [t is submitted that on 04.O4.2016, the officials of respondent Nos.3 and .1 Lrred to 2 interfere r,r,ith peaceful possession and ett oyment of the petitioners over the subject lands by wa1l r f dispossessing them along r.r,ith other neighboring land )wners without issuing any prior notice and without followirL, ; due procedure as contemplated under law. However, due to the local elders and social workers, the petitioners protested rr lainst thc illegal action of respondent Nos.3 and 4 and resist rd them for the time being. Learned counsel for the petitionet- further submits that there is every chance of responder,r Nos.3 and 4 interfering with the possession of petitioners Questioning the said highhanded action of respondent Nos.3 ar d 4, the present u'rit petition is liled

3. This courr on 13.04.2016 in W.P.M.P.ll r.14699 0t 2016 has passed order directing respondent au horities not to interferc u,ith the peaceful possession of the petitioners r,vithout follorving due procedure as contemplal:d under lar,r'

4. A coltnter aflidavit has been filed by reslt rndent No.3 i.e., the Tahsilclar, Nizamabad Mandal stating t rat the subjecl lands arc classified as patta lands and the pel i ,ioners ou'ns old title deeds and that the revenue staff have never in tcrlered 3 with the said area. It is further submitted that during the physical survey report done by the Mandat Surveyor, Nizamabad along with Forest Beat Officer reported that the subject lands are patta lands and Sy.Nos.22gl, 2292, 2294 and 2295 are covered wittr Reserve Forest, but on verilication of the records and as per Gazette notification and area statement of Sarangpur Reserve Forest, the total Sy.No.2295 is Ac.O-27 gts., out of which Ac.O-14 gts., was included in Sarangpur Reserve Forest which is notified under Section 4 of Telangana Forest Act, 1967 uide G.O.Ms.No.1820, Food and Agriculture (Forest-III) dated 10.09.1968. It is further submitted that in the subject land, there is good forest growth with important species tike Teak, Ippa, Maddi etc., along u'ith endangered species and wildlife movement is a-lso found in the said forest land and that petitioners are trying to encroach the forest land. It is further submitted that the subject land is Protected Forest Land and is maintaining proper boundary lines and having dense forest and wildlife movement.

5. A counter affidavit has also been filed by respondent No.4 i.e., Divisional Forest Officer, Nizamabad District with ' of simiiar submissions as was madc in the counter -rc'' 4 respondent No.3. Learned Government plearl :r for Forest dranvs attention of this Court to Area statement rf Sarangapur Block Survey included in Reserve Forest and t,r _lance land of Revenue of Arapally, Sarngapur, Ser.ipur tr rd Nizambad Villages of Nizambad District wherein in Sy.No.:2 295 (new) out of total area of Ac.O-22 gts., Ac.0-14 gts., wit i included in Resene lorest.

6. Heard learned counsel for thc p,: .itioner and Ms.T.Swetcha, leat-ned Assistant Govenrment pleader for Revenue for respondcnt Nos.I to 3 and I\I ..y.Randheer, Iearned Assistant Governmcnt pleader for Foresi perused the record.

7. In vieu. of the submissions rnade by learnr d counsel cn either side and since the dispute is only u i -h regard to Sy.No.2295, this Court deenrs it appropriate to ri r,vrit petition ',r,ith a direction to respondent z spose of this uthorities to conduct survey and demarcation on the subjecl lands in the presence of petitioners by issuing notice to the pt titioners and hear their objectionAand thereafter take appropr iate steps in accordance to larv rvithin a period of six (6) w: :ks from the ::5 date of receipt of a copy of this order. It is rnade crear that this Court had not expressed any opinion on the merits to the extent of title and possession of both petitioners and respondents on their subject lands. The aggrievecl parties may seek appropriate remedy as available under law.

8. Accordingly, with the above directions this writ petition is disposed of. Miscellaneous applications, if aly pending, shall stand closed. lrlo order as to costs. //TRUE COPY// SD/-P.C.SULEKHA DEVI ASSISTANT ts.GISTRAR (>' SECTION OFFICER To,

1. State of Telangana Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Nizamabad District at Nizamabad. 3. The Tahsildar, Nizamabad Mandal, Nizamabad District. 4. The Divisional Forest Officer, Nizamabad District at Nizamabad. 5. One CC to SRl. MOHD MOIN AHMED QUADRI Advocate IOPUCI 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana.

7. Two CCs to GP FOR FORESTS, High Court for the State of Telangana, at Hyderabad {OUTI B. Two CD Copies BM J HIGH COURT 'DATED:281071202s .-FV. ,31n' I I (, 2 7 j\t2[16 ?_ -') t '.}? ORDER WP.No.11680 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ .,r o