Sri Sandila Ramesh Kumar Goud v. 1. 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 order or direction more particularly one in the nature of Writ of Mandamus order or writ, under arlicle 226 of constitution of lndia, considering the uncalled, Unguided unsustainable, illegal, attempts by respondent No.5 and 6, from meddling with Petitioners Possession, over the writ Petition scheduled Property all that land, falling in admeasuring to an extent of Acre 4.00 Gunta, l situated at survey No. 31/E, situated at Tirumalapur Village, Turkapally Mandal, Yadadri Bhuvangiri, surrounded and bounded by North. Land of Agriculture Land of J. Narayana, South, Now being land of M. Ramreddy and others, East. Neighbors land and West Government land consequentially, direct the respondent No. 5 and 6, not to Meddle with Petitioners Possession, over the writ scheduled Property lA NO: 1 OF 2024 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 respondent No.5 and 6, not to meddle with writ schedule property, that is all that land falling in falling in admeasuring to an extent of Acre 4.00 Gunta, situated at survey No. 31/E, situated at Tiruma Village, Turkapally Mandal, Yadadri Bhuvangiri, surrounded and bounded by North. Land of Agriculture Land of J. Narayana, South. Now being land of M. Ramreddy and others, East. Neighbors land and West Government land lA NO: 2 OF 2024 Between: 'I . The State of Telangana, Represented bv its princiole secretarv to Government environment forest science And Technolbgy Departrirent, - Telangana Secretariat Buildings, Hyderabad 500022 2. The Principle Chief Conservator dnd Head of Forest Force Government of 3. The District Forest officer, Yadadri- Bhu:vanagiri yadadri Bhuvanagiri District. 4. The Forest Revenue Officer, Yadadri- Bhuvanagiri yadadri tshuvanagiri Telangana, Aranya Bhavan Saifabad Hyderabad SOOO04. District. AND .....PETITIONERS/RESPONDENTS R1,4,5&6

1. Sri Sandila Ramesh Ku_mar Goud, S/o S. Domadar Goud, Aged about 45 Year, 0cc. President of Toddy Tappers co- operative socielv Reoistered Under the Telangana, Co- opeiative Societies act 1964, R/o plot t..t6. S+n, 9.okul. Nagar Near Dr A.S. Rao Nagar, Hyderabad- 500062, Medchall Malkajgiri District

2. The District Collector, Yada_dri Bhuvanagin, yadadri Bhuvanagiri District. 3. The Mandal Revenue Officer, Turkas-pally Mandal , yad5dri Bhuvinagiri .....RESPONOENTS/RESPONDENTS R2&R3 District. ,..RESPONDENT/PETITIONER (are not necessary parties to petition) Petition under section i5i 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 lnterim order passed in w.p. No. 14337 of 2024, daled: 10.06.2024, and dismiss the Writ Petition in the interest of justice Counsel for the Petitioner: SRI. M. RATHAN SINGH Counsel forthe Respondent Nos. 1,4,5&6: Gp FOR FORESTS Counsel for the Respondent Nos. 2&3: Gp FOR REVENUE Counsel for the Respondent Nos.7&g: Gp FOR SOCIAL WELFARE The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o.L4337 of 2024 ORDER: Heard Sri M.Ratan Singh, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Forest, appearing on behalf of respondent Nos.1, 4, 5 and 6, learned Government Pleader for Revenue, appearing on behalf of respondent Nos.2 and 3 and the learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.7 and 8.

2. The oetitioner approached the Court seekinq praver as under: "...to issue a order or direction more particularly one in the nature of Writ of Mandamus order or writ, under article 226 of constitution of India, considering the uncalled, Unguided. unsustainable, illegal, attempts by respondent No.5 and 6, from meddling with Petitioners possession, over the writ Petition scheduled Property all that land, falling in admeasuring to an extent of Acre 4.00 Gunta, situated at survey No.31/E, situated at Tirumalapur Village, Turkapally Mandal, yadadri I t 2 5N,J W.P.No.14337 of 2024 Bhuvangiri, surrounded and bounded by North:Land of Agriculture Land of J.Narayana, South:Now being land of M.Ramreddy and others, East:Neighbors land and West Government Iand consequentially, direct the respondent No.5 and 6, not to Meddle with Petitioners Possession, over the writ scheduled Property and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. The case of the petitioner, in brief, is that the petitioner is the President of the Toddy Tappers Co- operative Society which is situated in Sai Nagar, Hyderabad and petitioner had obtained licence to sell toddy. As per the land Purchase Scheme, which was sanctioned by the Government of Andhra Pradesh, the petitioner purchased 4 acres of Iand vide Sy.No.31lE situated at Tirumalapur Village, Turkapally Mandal, Yadadri Bhuvangiri, with financial aid from the Andhra Pradesh Geetha parishramika Sahakara Arthika Sankshema Samstha. Despite attaching relevant documents, including the sale deed and pahanis, respondents 5 and 6 are interfering with their possession, claiming overlapping of the subject land. Aggrieved by the sa me, the petitioner filed the present writ petition. 4, PERUSED THE RECORD:- I 3 sN,l w.P.No.14337 of 2024

5. The counter affidavit has been filed on behalf of the respondent No.5 and the relevant paraoraoh Nos.10 to 13 of the said counter are xtracted here nd er:

10. It is pertinent to submit here that one W.P no.38164 of 2015 is filed by Sri Marri Rami Reddy, Slo Pochi Reddy and Sri Marri Prathapreddy, S/o Pochi Reddy, R/o Rangapur village, Bommalaramaram (M) of Yadadri Bhuvanagiri District claiming land 10 Acres 04 guntas i.e., each Acres 5-02 guntas in Sy nos. 3l/A, 37/AA, 3l/E, 3l/EE and now numbered the said survey numbers as 31/1 and 3Ll2 situated at Thirumalapuram village Thurkapalli mandal of Bhongir division Yadadri Bhuvanagiri District. As seen from online case status, the said W.P. is still pending finalization in the Hon'ble High Court as on date (Copy enclosed for the kind perusal of this Hon'ble court).

11. In view of the above, a letter has been addressed to the Addl. Collector (Revenue), Yadadri Bhuvanagiri by the respondent. No.5 in D.F.O, Yadadri Bhuvanagiri, Rc.No. L4O6/2023/55; Dt: 05.06.2023 &. 14.06.2024 with a request to address the Chief Commissioner of Land 4 sN,l W.P.No.14337 of 2024 Administration, Survey, Settlement and Land Records, Hyderabad to settle The issue (Copies enclosed for the kind perusal of this Hon'ble Court).

12. As per Gazette notiFication of the Veerareddypally-II Reserve Forest Block and village map of Veerareddypally, the land claimed by Sri. Marri Ramireddy and others is part and parcel of the notified forest block. The area is under the control, continuous possession, conservation, protection and management of the Forest Department till date and is coinciding with village map of Veerareddypally.

13. It is submitted that the allegations made by the petitioner is false and baseless. The respondent No.5 & 6 never interfered in possession of Petitioner's land. The respondent No. 5 & 6 only protecting the Veerareddypally-Il Reserve Forest within limits of notified Reserve boundaries and never interfered with any private lands at any point of time. The petitioner neither approached the respondents 5 & 6 claiming land stated to be situated in Sy.No.31/E of Tirumalapur Village with any documentary evidences nor received any notice From Revenue authorities for conducting joint survey for demarcation of land claimed by the petitioner. Further, without demarcation of the 5 SN,J W.P.No.14337 of 2024 land claimed by the Petitioner on the ground and without physical identity, interference of possession of the petitioner's land by the respondents 5 & 6 deserves no merits. The respondents No.5 & 6 are not aware of the location of the land claimed by the petitioner till date. As such, interference of possession of the petitioner's land by the respondents 5 & 6 does not arise."

6. Learned Govern ment PI eader for Socia I Welfa re nn on behalf r n ent draws attentaon of this Court to the Joint Insoection to Forest

28.O5.2018 oertainin reDort date DeDartment a nd Survev DeDartment and in oarticular. relevant oortion of the said report is extracted hereunder: "The subject land bearing Sy.No. 31 & 32 of Thirumalapur village are the patta lands prior to survey operation to till date. The Inspector of Survey and the Forest Range Officer Yadagirigutta observed that a cart track exists along the western boundary of Sy. No. 31 & 32 of Thirumalapur village passing from North West corner to south west corner. The natural valley (Nala) also exists in the above survey numbers as indicated in the village map, prepared in the year 1355 Fasli and **.- 6 SN,J W.P.No.14337 of 2024 the same has been observed in R.F Veerareddy pally-II as per Veerareddy pally Village map prepared in the year 1337 Fasli. Thus it evident that the lands claimed bv the aDplicants are overla ooin n the R.F. There is a consensus among the joint inspection officials on this issue' The necessary guidelines may kindly be sought from the Commissioner Survey Settlement, Hyderabad regarding procedure to be adopted in determination of correct village boundary. In the mean time, it may be brought to the notice of the Hon'ble Court as per the R.F gazette notification and village map of Veerareddy Pally, the claim of the applicants shall not be considered as of now. Howeve r. this case needs correction of under t e Drovtsto sof villaqe bounda Secti n9O&91 of A.P. (TA) L.R. Act 1 3t7 Fasli and in lioht of the circulars instructions of CCLA Rc.No. 51/1O93/2O11 (CSSLR) dt. resolve and determine 1a-5-2011 to boundarv disoute in between Thirumalapur and Veerareddvpatlv villaoes with a view to safe ouard the riohts of disputed lands of Th iru malaour vi llaoe- 7 sN.l W.P.No.14337 of 2024 Hence, the above fa cts are mutually agreed by both the Departments i.e., Forest Department and Survey Department.'

7. A bare perusal of the record indicates that a letter dated 05.06.2023 had been addressed to the Additional Collector (Revenue), Yadadri Bhuvanagiri by the District Forest Officer, Yadadri Bhuvanagiri vide R.C. No. 1406/2023/55, whereunder it was requested to address the subject issue to the Chief Commissioner of Land Administration Survey, Settlement and Land Records Hyderabad for taking necessary action in the matter.

8. A bare oerusal of the record further indicates the lotter dated 2O. nA ral 2A, at tlra I)ict r ir-+ E/r rec+ Yadadri Bh vanaoiri District addr sed to the Additional Col lector (Revenue), Yadadri- Bh uva nao iri and the relevant Dortion of the said I r is extracted hereu nde r: "In view of the above findings, it was requested to address the Chief Commissioner of Land Administration, Survey, SetUement & Land Records, Hyderabad to fix up the boundaries of 8 sN,l w.P.No.14337 of 2024 Veerareddypally-II R'F, Veerareddypally Village and Tirumulapur Village so as to settle W'P no.38164 of 2015 filed by Sri Marri Rami Reddy' S/o Pochi Reddy and Sri Marri Prathapreddy' S/o RangaPur village, Pochi ReddY, R/o (M) of Yadadri Bhuvanagiri Bommalaramaram District claiming land 10 Acres 04 guntas ie cach 5 acres 02 guntas in SY nos. 31/A, 3t/AA, 3l/E' 31/EE and now numbered the said survey numbers at Thirumalapuram of 2024 filed bY village ndila Ramesh Kumar goud' S/o S'Domadar Tappers Co-operative President Gokul nagar, near ao Nagar, Hyderabad claiming an area of Ac. 4.00 land situated in Sy'No'31/E of Tirumalapur Village, Turkapally Mandal' Yadadri Bhuvanaqiri District' and 3L/2 sltuated and W.P.No. t4337 of ToddY No.54l2, Dr.A.S.R Society, Sri. Sa Goud, EarlY action is requested'" Learned Government Pleader submits that in view of 9 dated 28.05.2018 and letter the joint insPection rePort District Forest Officer, Yadadri dated 05'06.2023 of the Bhuvanagiri addressed to the Additional Collector (Revenue) Yadadri Bhuvanagiri and the letter dated 20'06'2024 of the District Forest OfFicer, Yadadri Bhuvanagiri addressed to the -/ 9 sN,., W.P.No.14337 of 2024 Additional Collector (Revenue), Yadadri Bhuvanagiri, it is necessary to take appropriate steps for fixing up the boundaries of Veerareddypally-II R.F Veerareddypally Village and Tirumulapur village by giving due notice to the petitioner and the Forest Department and all concerned. 1O. Takinq into considerataon: a) The submissions put-forth by the learned counsel appearing on behalf of the petitioner, b) The submissaons put-forth by the Iearned Government Pleader for Forest appearing on behalf of the respondent Nos.1, 4,5 and 6, c) The contents of the letter dated 05.06.2023 I of the District Forest Officer, Yadadri Bhuvanagiri District addressed to the Additional Collector ( Revenue),Yadadri Bhuvanagiri Dastrict and, d) The contents of the letter dated 20.(J6.2(J24 of the District Forest Officer, Yadadri Bhuvanagiri District addressed to the Additional. Collector (Revenue),Yadadri Bhuvanagiri District, I ( ( I 10 SN,J W.P.No.t4337 oJ 2O)4 \ The writ petition is disposed of directing the respondents to forthwith initiate steps for fixang up the boundaries of Veerareddypally_If R.F., Veerareddypally Village and Tirumulapur Village, Joint rnspection Report dated 2g.o5.201g (referred to and extracted above) as indicated in tetter,s dated 05.06.2023, 20..06.2024 by giving due notice to the petitioner and the Forest Department and all concerned within a period of six(6) weeks from the date of receapt of a copy of this order. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any t pendlng in the-Writ petition ,hu]t u]:o :tul1lc!gr"d. //TRUE COPYII SD/. P. PAD ASSIs MANABHA RED DY T REGISTRAR T I l l I To, 1

5. 6.

2. 3. 4. 500022 c ION OFFICER The Princi ple Secreta ry to Government environment forest science And Technology Departme nt, Telangana Secretariat Buildings, T.S.,Hyderabad The District collector, Yadadri Bhu va nagiri Yadadri Bhuvanagiri District The Mandal revenue officer, TurkaPally Mandal Yadad ri Bhuvana giri District. The P rincipl e Chief Cons ervator and Head of Forest Force Go vernment of Tela ngana, Aranya Bhava n Saifabad Hyderabad 5000 04. The District Fore st officer, Yadadri- Bh uva na tfl Yadadri Bhuvana giri District. The Forest Re venue Officer Yadadri- B uvanagiri yadadri Bhuvanagiri District The Commiss IOner Chief Commissioner of Land Administration The Director, Survey Settlement and land records, Hyd erabad :iffi ;:";f #m'#.3i,",f, r#t%ixi"[??fl""1**orre,ansanaat FoR REVENUE, High court for the state of retansana, at l:.,ff#!:JiocP 13.Two CCs tb cp FoR wELFARE' Hish court ror the state or ;;ffitSt*31"""#rtt33]il

7. 8. 9. o h \ \ GJP J I I I HIGH COURT DATED:2710112025 IATE oF S s t:, (: ,l /,'-1c /i"' : iOio \.r^ ti-$ \\ n C a ORDER WP.No.14337 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @"T-t gp- -ro$ur