The High Court · 2025

NO' E3/149612oo9t24 for cancetlation of pattedar pass books and tile deeds in respect of lands in Sy.no.17 of Laxmidevipally(v) Kothagudem(M) of Khammam District, concerning the writ petitioners as illegal, arbitrary, contrary to record, without jurisdiction and violative of principles of naturat justice and consequenly set aside the said show cause notices dt.1 1_g-2016. 1 OF Petition Under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to grant stay of all further proceedings pursuant to the show cause notices dt.11-g- 2016 issued by the respondent no.2 in respect of lands in Sy.no.17 of Laxmidevipally(v) Kothagudem(M) of Khammam District, concerning the writ petitioners, pending the disposal of writ petition in the interest of justice. counsel for the Petitioners : sRl KowruRU PAVAN KUMAR counsel for the Respondents : Ms. D.HARITHA KIRAN, AGp FOR REVENUE The Court made the following ORDER t D a-; H Between: AT IIYDERABAI) N I Dr. Thotakura Seetharamaiah s/o. venkatappai"h. d;;;; r"*", Occ: Profession, R/o.H.No.6_ t _gg, Flat No.204, Chandra Classic Towers, VDOs Colony, Khammam Town, Khammam District and three others . Petitioners And The State of TelangT., R"p., by its princiiral Secretar5r, Revenue Department, Secretariat, Hyderabad and four others .. Respondents ORDER: This writ petition is filed seeking the fo,owing relief: o... to issue writ or direction preferably Writ of Mandamus declaring the show cause notices dated 11.08.2016 issued by the respondent No.2 i.e., bearing Rc.lto.BS / t4g6/2OO9/41; Rc.No.E3 / 1496/2oo9 /a2; Rc.No.E3 / L4g6/26os / 42; Rc.No.E3 / t4g6 /2OOg / 43 and Rc-No.E3l 1496/2009/24 for cancellation of pattedar pass books and title deeds in respect of lands in Sy.No.l7 of Laxmidevipally (V), Kothagudem (M) a \ I 4 2 JAK. J w.P.No.29612 ol20l6 of Khammam District, conceming the writ petitions as illegal, arbitrary, contrary to record, without jurisdiction and violative of principles of natural justice and consequently set aside the said show cause notices dt.1l.O8.2O16 and pass such other or further orders as this Honble Court deems fit and proper in the circumstances of the case."

2. Heard Mr. Kowturu Vinay Kumar, learned counsel for petitioners, Ms. D.Haritha Kiran, learned Assistant Government Pleader for Revenue for respondents.

3. It is brought to the notice of this Court by learned counsel for petitioners that petitioner No.4 is no more and representation, if any, to be made, the same shall be made by the legal heirs of petitioner No.4, hence, sought indulgence of this Court to grant liberty to the legal heirs of petitioner No.4 to approach the authorities to file objections/explanation/representations to the show cause notice. No I.A. is filed bringing legal heirs on record.

4. Petitioner Nos. 1 to 3 and also the legal representatives of petitioner No.4 are permitted to offer their objections/explanations/representations to the show cause notices dated ll.0g.2016 issued to them, (Ex.pl, a J JAK, J W.P.No.29642 oJ20l6 page No.15 of the writ affidavit) by the Superintendent (B-Section), Collectorate, Khammam.

5. Learned counsel for petitioners submitted that the subject matter in the present writ petition is similar to the subject matter in W.P.No.2B467 of 2OL6 and by order dated 09.12.2025, this Court disposed of the said writ petition, hence, similar orders be passed in this writ petition also. \ t \

6. Learned Assistant Government Pleader for Revenue does not dispute the aforesaid submissions.

7. Representations, if any, made by petitioners shall be disposed of as directed by this Court in W.P.No.28467 of 2016, dated 09.L2.2O25.

8. Collector, Bhadradri-Kothagudem is suo motu impleaded as party respondent in W.P.No.28467 of 2016. a The same is applicable in tJ'is writ petition. Collector, Bhadradri-Kothagudem is impleaded as party respond.ent. 4 JAKJ W.P.No.29642 of 2016 g. For reasons alike, as stated in the order, dated O9.L2.2O25, in W.P.No.2B467 of 2016, and in terms thereof, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in tl is Writ Petition shall stand closed. //TRUE COPY'/ SD/-P. PONNA KRISHNA ASslsraNT REGISTRAR secrtkoFFrcER I To l.ThePrincipalsecretary'.RevenueDepartment,secretariat,stateof Telangana at Hyderaba-d' -- t./taamam r-'ri 2. The District Uiileli;;' Rrt'*'"*' Khammam'District' 3. The Joint Co'ileitor, XnamT.am' (hammam District' 4. The Revenrt"oiu]il6n"l om""i' (dtn"g'dgf' Khammam District' 5. The Tahasiida. &tl&g991l, Khammam District' 6. rwo ccs t; 6;j 7. BIl"StilJRift*ruRU pAvAN KUMAR, Advocate toPUCI 8. Two CD CoPies 'roCHEneNiJE, Fiisi"tbutt ioi in" state of relansana at SABSy t n n t .& r '- . j fr. d{r*.1 *&*ri* :'. -". '+;':' "'"'',.;:.";' ,i*-'" i. il .,..*i': r "'t*l I HIGH COURT DATED i1011212025 ORDER WP.No.29642 of 2016 D ISPOSING OF THE W.P WITHOUT COSTS. \,{,\ t ll.b {HE SR ( C) 0 I JAN 202fi !. B t' AT ITYDERABAI) rfiTq SHRI JUSTICE ANIL JUKANTI IIIRIT PETITION -2A467 of 2016 DATE OF ORDER 09.12.20/25 Between: 1. Vattikonda Sambasiva Rao and 6 others

1. State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and 4 others. And ORDER: petitioners ...respondents This Writ Petition is filed seeking the following relief: i.e. respondent No.2 o... to issue writ or direction preferably writ of mandamus declaring the show cause notices dt11-8-2016 issued by bearing Rc.No.E3/ 1496l2OO9l25 (addressed to the late father of petitioner nos.l to 3); Rc.No.E3/ 149612009/55 issued to the petitioner no.4; Rc.No.E3/L49612OO9/54 issued to the .petitioner no.5; and Rc.No.E3/749612OO9/23 addressed to the late father of the petitioner no.6; and Rc.No.E3lL49612OO9/44 issued to the petitioner no.7 for cancellation of pattedar pass books ?nd title deeds in respect of lands in Sy.no.17 of La:rmidevipally(v) Kothagudem(M) of Khammam District, concerning the writ petitioners as illegal, arbitrar5r, contrary to record, without jurisdiction and violative of principles of natural justice and consequently set aside the said show cause notices dt:11-8-2016 and pass such other or further orders as this Honble court deems fit and proper in the circumstances of the case...." t. D 2 JAKJ W.P.No.28467 of 2016

2. Heard Mr. Hanumantha Rao learned counsel representing Mr.Kowturu Vinaya Kumar, learned counsel for petitioners, Ms.Dara Haritha Kiran, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 5 and learned Assistant Government Pleader for Forests appearing for respondent Nos.6 and,7-

3. It is submitted by learned counsel for petitioners that show cause notices, dated 1i.08.2O16 (Ex.Pl annexed at Pg.Nos.l5 to 19) were issued by Office of Superintendent (B-Section), Collectorate, Khammam. The following are tJre contents of show cause notices:- t . "In the reference cited, the Revenue Divisional Ofncer, Kothagudem has submitted the report stating that, the land in Sy.No.l7 measuring to an extent of Acrs.2194.OO gts in l.axmidevipalli Village of Kothagudem Mandal was notified in the Chatakonda Reserve Forest Area vide Notification Gazette No.l dt:03.01.1355 Fasli U/s 18 of Hyderabad Forest Act, 1326 Fasli and the then Tahsildars issued pattas and PPBs/TDs irregularly in the forest land and requested to cancel the PPBs/TDs. Further vide reference 2"d cited, the Tahsildar, Kothagudem has reported that (63) persons were issued PPBs/TDS in Sy.No.l7 La:cnidevipalli Village -assuming that these lands are treated as patta lands and requested to cancel the pattadar passbooks and Title deeds issued in favor of them. Sri Vatekonda Nageswara rao S/o. Papaiah is one among them and he was issued PPBs/TDs in Laxmidevipalli Village for the lands to an sitent of Acrs.8.00 gts in Sy.No.17lllu/2 by the then Tahsildar, Kothagudem. Hence, Sri Vatekonda Nageswara rao S/o.Papaiah is directed to submit written explanation as to why the entries made in Revenue Records and Pattadar pass books and title deeds for 3 JAK,J W.P.No.28467 of 2016 the above mentioned lands should not be cancelled and also directed him to attend personal hearing on at 4.00 PM on 18.08.2016 at Collectorate, Khammam along with evidences to support your claim. If no appea.rance is made on your behalf, by yourself or by your pleader or by someone authorized to act for you in this appeal, it will heard and decided in your absence as per the material available on record."

4. copies of representations submitted to the office of Tahsildar, Kothagudem Mandal on 19.08 .2oL6, are placed on record (Ex.P3 annexed at pg.Nos.2l to 35). pattadar Adangals/Pahani copies, Form 18, Form L3 B and Form 13 C Namunas are annexed (Exs.p4 to p8, annexed at Pg.Nos.37 to LL6l.

5. It is the specific case of petitioners that they have been enjoying the subject lands by cultivating the same for decades unintermptedly and that they have also been issued pattadar pass books in respect of the same. That they received show cause notices with contents stating that in Sy.No.17 of Laxmidevipatli Village, an extent of Acs.2194.00 gts., was notified in chatakonda Reserve Forest Area vide Notification Gazette No.r dated 03.01.1gs5 Fasli under section 18 of Hyderabad Forest Act, LB26 Fasli. Respondent No.S-Tahsildar reported that 63 persons were t I 4 JAK,J W.P.No.28467 of 2016 issued pattadar pass books treating these lands as patta lands and requested to cancel pattadar pass books and title deeds issued in their favour.

6. As noted from the contents of show cause notices, it is observed that pattadar pass books were issued in respect of different extents of lands in Sy.No. 17 by the then Tahsildar, Kothagudem, but, in spite of pattadar pass books being granted,, the said land is being claimed to be reserved forest land. It is brought' to the notice of this Court that 7. petitioners' representations made in this regard are still pending before the concerned offices of Tahsildar- t g. Learned counsel for petitioners invited attention of this Court to interim order, dated 26.08.2016 passed by this Court in W.P.M.P.No.35245 of 2016, by which interim I stay as prayed for was granted and same is still operating. g. Learned Assistant Government Pleader for ForestS appearing for respondents No.6 and 7, suo mohtimpleaded as party respondents (by this Court), submitted that land being claimed by petitioners is part of Reserved Forest and 5 JAK,J W.P.No.28467 of 2016 it is for the Forest Department to decide whether land in occupation by petitioners forms part of Reserved Forest as per the notification issued und.er section 4 of the Telangana Forest Act, 1967 (for short The Act, Lg6T").

10. counter-affidavit is filed by office of Tahsildar- respondent No.S. Relevant paragraphs of the counter- affidavit containing the details pertaining to each of the petitioners are as follows: "Para No.2:- In reply to the averments made at pT" ryo.? of the petitioner's affidavit, it is respectfully submit that, it is a fact that the District CioUectoi Khammam has issued a Show Cause Notice in the nerme of Sri Vattikonda Nageswar Rao who is the father of writ petitioners l, 2, arrd.3 herein and the said Vattikonda Nageswar Rao was died. on 09_04_ 2Ol3 basing on the report of the then Revenue Divisional Officer, Kothagudem in which it was stated that the land in Sy.No.l7 measuring to an extent of Acs-2194-00 gts in Laxmidevipally village of Kothagudem Mandal was notifiea in the ChatJkonda Reserve Forest Area vide Notification Gazettee No. I dt.03.01.1355 Fasli U/s 18 of Hyderabad Forest Act, 1326 Fasli and the then Tahsildars issued pattas and PPBS/TDs irregularly in the forest land and requested to cancel the PpBs/TDs. Further the Tahsildar, Kothagudem vide Rc.No.B/728/2Ot6, dt. 08.08.2016 has_ reported that (63) persons were issued ppBs/TDs in Laxmidevipally village assuming that these lands are treated as patta lands and requested to cancel the Pattadar Pass books and Title aeeas issued in favour of-them. Sri Vattikonda Nageswar Rao S/o papaiah is one among them and he was issued pfBsfTOs in La:<rnidevipally village for the lands to an extent of Acs. 8_.O0gts in Sy.No.t7/t/u/2 by the then Tahsildar, Kothagudem. Hence, Sri Vattikonda Nageswar Rao who is the father of the writ petitioners 1, 2 and 3 herein was issued a Show Cause Notice directing him to submit written explanation as to why the eitries made in Revenue Records and ppBs and TDs for the above mentioned lands should not be cancelled. Therefore, the contention of the petitioner in this para r. l I 6 J,\K'J W.P.No.28467 of2016 that the respondent no'2 has issued notice without iurisdiction il not correct and not tenable' tn reply to the averments made at para 'r:^;;;il.i:- trre petitio'nir's affidavit' it is respectfully il;3;i that, ii is contended that, the petitioner nos.l "*ULi legal heirs of late Vattikonda Nageswar Rao ,, S i" ,t " *t. *"" own"er of the land admeasuring Ac'-8-!0Sj;'.i1t situated Laxmidevipally(v)' iv.N..iil llvu/2 il.il;g"d"ri, Cuq of Khammam Dist' After his death' iir" S"ra ,;a was succeeded by Vattikonda SLU""ir"tao. Joint survey has been- done by Forest and tnspector-6f st'T:y' s&LR' Bhadradri ;;;;;""t f"it"g"a.m on O+'OZ'ZOZS and they concluded that i""J.f V"ttikonda Sambasivarao i'e'' extent Ac'8'OO St", SyN;.V1|1W1Z is 19t :ov:red in Reserve Forest. L,ater in Bhubharathi the land was digital signed to Vattikonda Sambasivarao' S."p.r" No. 4:- In reply to the averments made at para No.+ of the petitionir's affrdavit' it is respectfully submit that, it is contended that' the petitioner-No'4 t...in is owner of Ac-2'2Og!s', in Sy'No'17 ll/vt2 and vu3situatedatLaxmidevipallyvillage,Kothagudem Mandal of Khammam Disirici and he is also the rfi"i.t a CPA holder of the petitioner No'S who owns Iand in the same village admeasurilg Ac'l'OO^gts in ll.N".izi i/vul- But ihe Revenue Divisional Officer' Kothagudem and Tahsildar' Kothagudem - have submitted reports that the then Tahsildars issued eieSTtOs irregularly in the forest land in p"tt* Sv.No.l7 of La:<rnidevipatty viUage and requested to "ii".ilt. PPBS/TDs' Forest Department & Inspector oi irr*"y, S&LR, Bhadradri Kothagudel h1s. not certificaie that petitioner No'4's & petitioner ;i;;; 5's tands are not covered in Reserve Forest' Therefore rrtion of the petitioner in this para is not it e tenable. g. p"r" No. 5:- In reply to the avefments made at para it is contended that' No.S of the petitionttt "ma"'it' It"-gt"taf"in", of the petitioner No'6 herein has prri"fi"""a the hni in sy'No' 17 / | /.aal to an extent of ';.;-;; gts of Larmidlvipally village' {olhasuder.n Mandal oIKh"**"tt' Dist', by a registered document' Laterthefatherofthepetitionerwasissuedpatte{ar p""l u".f.s and iitte aeeas and after death of his i;ih;t the petitioner No' 6 name was incorporated tn" aeattr oitri" Grandfather basing upon the will "fil, deed. But the Revenue Divisional Oflicer' Kothagudem t"n"itdar, Kothagudem have submitted reports that the then iJsil?ars have ' issued Pattas and "rrJ PPBS/TDs itt"guf"tfy in th9 forest land in Sy'No'17-of and reqrre-sted to cancel the La:<rnidevip"Uy "iU"g" FeEsTfOs. Forest Dipartment & Inspector of Survey' iar,it, Bhadradri rottragudem- has not given any certificate that petitioner I'[o'6's land is not covered in ""a "o.rt t l --i 7 JAK,J W.P.No.28467 of 2016 "grrdem -;;#;;:: Reserve Forest. Therefore the contention of the petitioner in this para is not tenable 10. Para Nos. 6,-2 and g:_ tn ,epty to the averments made at para Nos.6, Z and, s ir ih" alfidavit, it is contended that, the petitioner No.7 h.erein have purchased the ""f;."t land from some others and he is in posses"ion irra "r,ioy_Lrri ;'d; land Ac.2-oo ets in Sv.{o.Lzli; rf L;**id;vip;, revenue village and pass book'and title deeJs ;;il; issued to him. The eirlier ofiicers have issued pattadar pass books and title deeds to the p"tiU"rr". erro-neously' or wrongly. When there is a doubt/suspicion on issue-if patta fass books and title deeds in the forest lands 1..., ir- the Government propert5r to others, it is the bounden a"tv .i- tt. concerned Government oflicers to make ."qrriria" again and again to find the genuinity of the matter. Moreover, the subject lands "rr" io"at.d in notified Scheduled Agency area.. The Revenue Divisional -Xott Officer, Kothagudem and Tahsild"., submitted reports dated that the ttren Tahsildars have issued Pattas and_ppBS/TDs irregularly in the forest land in Sy.No.IZ. ..of _1,"*rnia".r'iputty village and requested to cancel the ppBs/TDs. ^Forest Department & Inspector of Survey, S&LR, Bhadradri Kotir"gu;;; 1"":9, given any ceriificate ti,"t p.iitioner No.7,s land rs not covered in Reserve Forest. Therefore th; contention of the petitioner in this para is not correct and not tenable. 11. Para Nos.9, 1O and 1l:_ In reply to the averments made at para Nos.9, tO and f i if, tfr" p"titiorrlr;l 1{fi-d:*, it_is'respectfully_ submit that,' auring di;;r; 2016 the Government of Telangana-has created new districts by bifurcating th; districts. Accordingly, the erstwhil-e Khammam District was lirur-cat9a and, a new District with the name of Bhadradri Kothagudem was for-"J. in" glthg writ petition was came under the jurisdiction of "rrUi""i-i"rJ phljradri Kothagudem District. i" i" rega.d- i; is further submitted that, in tne meanwfrile in pursuance of the instructions issued by the Dlstrict Collector, P.h:*^{t -{gthagudem vide' cii.rr"r,"" petition No. LM2300OOO2Z2, dt.tO. LO.2O23 A, i.pr.""rrtations of Sri Vattikonda SamblsiuTlo S7o ftagJswara Rao(late), Tummala Koteswara Rao S/o D;;;Ah" Ramaiah and Smt.Patibandla Jhansi W/o Venkateswaralu (late) in the grievance with a request for issuance of eppBs in Sy.No.l7/t/VU/2 to an extent of ac.S.OO gts in the name of Vattikonda SamasivarLo, the Sy.No.17/1/W/l to an exrent of Ac.9.t5 gts in the I*".o1 Thmmalapalli Koteswara Rao S/o dasaradha Ramaiah and the Sy.No.t7/t/W/i: to an extent of 4c.7.25 gts in the name of Smt.patiU"rraU .ltransi-W7o Venkateswaralu(late) situated "i- f,ott rr"g, Gp, Laxmidevipalli Village and MandJ. ft. Inspector of -existing -it i n 8 JAK,J W.P.No.28467 of 2016 Survey, Survey & Land Records, Bhadradri Kothgudem along with Forest officials in presence of petitioners (writ petitioner herein) have conducted joint survey on 04.07.2023 along with concerned records covering the writ subject land. During verification the joint survey team has observed that the following persons (the writ petitioners herein) are in possession and cultivating the lands in their numbers. Sl.No. Name & Address Village Sy.No. 1 2 3 Vattikonda Sambasiva Rao S/o Late Nageswar Rao, R/o Srinagar Colonv. Kothagudem Patibandla Jhansi W /o Venkateswarlu, R/o Gajularajam basthi. Kothasudem Tummala Koteswar Rao S/o Dasaradha Ramaiah, R/o Sanjay Nagar, Laxmidevipally Laxmidevipaly tT ltla/ 2 I"axmidevipaly Laxmidevipaly t7 / rlal

7.25 3 LT lrla/

9.15 1 Total

25.00 Extent of Acres.Gts 8.OO In this regard it is further submitted that, on verification of Teensal Pahani (1955-1958) of Laxmidevipalli revenue village the land in Sy.no.17l35 extent Ac.2S.OO gts was recorded in the name of Smt.Mirajunnisa Begum as Pattadar and enjoyer of the said land and it was not mentioned that it is Patta land and this column was kept blank in Teensal pahani. In the Pahani for the year 1960-61, the land in Sy.no.l7l@ to an extent of Ac.2S.OO gts was recorded in the narne of Sri Mirjahussian Al Beg. His n€une was recorded as Pattadar and enjoyer of the said land and it was not mentioned that, it is Patta land. From the pahani 1962-63 to Pahani 2OL4-2O15, thLe land in Sy.No.17es (L7ll/Vu) to an' extent of Ac.25.00 gts was recorded as Patta Iand. In this regard as per the enquiry report submitted by the Girdawar-l, Laxmidevipally and as per the Joint Survey report, it is revealed that, Smt. Mirajunnisa Begum, W/o Basheeruddin R/o Hyderabad is having patta land of an extent of Acs 32O.OOgts. in Sy.No.72 situated at Tungaram village of Chandrugonda Mandal of Bhadradri Kothagudem District. As there was no -Bancharai land for Common grazing purpose of animals and for usage of villagers of T\rngaram Village of Chandrugonda Mandal of Bhadradri Kothagudem District, the villagers have requested the Revenue authorities to provide land to an extent of Acs.2Oo.OOgts of Bancharai land for the said village. On the request of the villagers of T\rngaram, the then Collector/Revenue officials have initiated proposals to acquire land of Smt.Meerajunnis Begum W lo Basheeruddin and thereupon the offrcer of the then t l 9 JAK,J W.P.No.28467 of 2016 board of Revenue agreed for the proposals of the revenue officials concemed and obtained the consent of the pattadar Smt. Meerajunnis Begum and taken over possession of the land Ac.2OO.OOgts from the possession of the pattadar promising her to allot similar land at another place on compensatory ground for which the pattadar has given her consent. Later, the revenue offrcials have identified the Government land in Sy.No.365 to an extent of Ac.175.0ogts situated in Penagadapa Viltage of Chunchupally Mandal and balance extent of Ac.25.00gts in Sy.no.17 of Laxmidevipalty Village and allotted to her in the year 1956. Out of the land allotted to her, some of the extent of land was illegally occupied by one Sri Vemula Raghaviah and his sons. They have filed O.S.No.67l1966 along with IA No.173/f966 against Pattadar Smt.Meerqiunnisa Begum before the Principal District Munsiff Court at Kothagudem which was finally ended due to compromise between the parties and a compromise decree was pd.ssed in favour of Pattadar to an extent of Ac.15.25 gts eind the balance Ac.9.15gts was allotted to the defendants. Thereupon a survey was conducted and land divided in between Pattadar and Defendants as per decree. Further, one Smt. Pendurthi Saradhamba W/o Srinivasa Rao has purchased the land to an extent of Ac.15.25gt in Sy.No.17 from Smt. Meerajunnisa Begum W/o Basheeruddin vide Regd.Doc.No.315/K dt.l6 lOSl 1969 at Sub Registrar, Yetlandu. Later on 1810911969, Sri Vattikonda Nageswara Rao S/o Papaiah father of Sri Vattikonda Sambasiva Rao (the writ petitioner-l herein) has purchased the land in Sy.no.l7 /l to an extent of Ac.8.00 gts from Smt. Pendurthi Saradamba W/o Srinivasa Rao. Sri Vattikonda Nageswara Rao was issued old PPB for the land in Sy.No,17/l/Vu2 to an extent of Ac.8.OOgt situated in Laxmidevipatly (V) vide Khata no.39 vile PPB No.l87OO8. Later he uras expired on 09/O4/2O13 Petitioner No's.1 to 3 are the successors of Sri. Vattikonda Nageswararao (Late). In Joint survey report submitted by the Inspector of Survey, S&LR, Bhadradri Kothagudem along with Deputy Inspector of Surveyor, Kothagudem Division, - [andal Sunreyors, Forest Best Officer, (I/c) Lothuvagu Beat, Deputy Range Officer, Chathakonda Section, Forest Range .Offrcer, Kothagudem Range it was concluded that the petitioners (writ petitioner no.l herein) land is existing outside Reserve Forest and it was mentioned in tt " Forest Gaz.ette there is mentioned about the some land is excluded from the Reserve Forest Chathakonad at common boundar5r of La:nnidevipatli ft, Karukonda (V) which coincides with the land in question, q l i I t, {: ,l' I l0 JAK-J W.P.No.28467 of 2016 The Inspector of Survey, S&LR, Bhadradri Kothagudem has submitted report to Collector & District Magistrate, Bhadradri Kothagudem vide Rc.No.A3/ 149 12O23dt.O4.O8.2O23 stating that, on verification of ground position as per Village Map, Revenue Pahanies and fixed the Revenue land boundaries in Sy.No. 17 of Laxnidevipally Village and Mandal. The survey team has taken the coordinates of physical Forest pillars which are shown by the Forest department oflicials in ground possessio4, fixed the Forest l"and boundaries, conducted tJle enjo5rment survey of petitioners shown their land boundaries in ground. Sri Vd.ttikonda Sambasiva Rao S/o Nageswar Rao(late) has shown his land boundaries to an extent of Ac.8.OOgts in Sy.No.17/P2. The petitioner is cultivating and enjoying this land and the petitioners lands not covered in the Reserve Forest, that land covered in Revenue land in Sy.No.17 of Laxmidevipally Village and Mandal. The same was prepared in the form of Location Sketch. The Joint Survey team has finalized the Joint Survey report that the petitioners (writ petitioner herein) land not covered in the Reserve Forest, those lands are within the Revenue boundary of La:<rnidevipalli Revenue village and comes under the Sy.No. 17.l,ater, in Bhubharathi portal, the land in Sy.No.l7 to an extent of Ac.8.OO gts was Digitaf signed in the name of Sri. Vattikonda Samabasivarao."

11. On perusal of contents of counter aflidavit fiIed by it is observed that the office of Tahsildar, Tahsildar (Laxmidevipally Village), stated that.as per the joint survey report submitted by Inspector of Survey, land of petitioner No.1 is existing outside the Reserve Forest area. I t L2. Written instructions are received and placed before this Court from the office of Forest Divisional Officer, Kothagud.em, dated O1.L2.2O25. Conients of written instructions are as follows:- 11 JAK,J W.P.No.28457 of 2O16 "In this connection, the averments made by the petitioners in the above writ petition. it is submitted that, the Sl No. L, 2, and 3 where submitted a representation to the District Collector & District Magistrate, Bhadradri Kothagudem in Grievance with a request for issuance of ePPBs for the land in Sy.No.|7/LlW/2 for an extent of Ac. 8.00 gts situated at Lothuvagu GP, Laxmidevipalli village and Mandal. The District Collector & District Magistrate, Bhadradri Kothagudem has addressed a letter to the A.D.S.L. R. & District Further it is,submitted that, the A.D.S.L.R, has letter addressed to the under signed and requested to supply the Gazette Notilication of Laxmidevipalli village for conducting of the Forest and Revenue land joint survey in Sy.No.l7 of I"axmidevipalli village & Mandal. A copy of the Forest Gazette Notification is communicated to the A.D.S.L.R. Kothagudem. Further, It is respectfully submitted that the land claimed by the petitioners 4 to 7 falls within tll'e Cltatakonda Reserue Forest Block, which was duly notified as a Reserve Forest under Section 18 of the Hyderabad Forest Act, 1355 Fasli. vide G.O.Ms.No.1083, dated 27.12-1354 F, published in Gazette No.l dated 03.01.1355 F, Laxmidevipalli Get Sy.No.17 to an extent of Ac. 2,155.20 gts. The said area forms part of Lethuvaen & Chatakonda Beats of Chatakonda Section of Kothagudem Forest Range, under the administrative control of the Forest Divisional Oflicer Kothagudem. Hence, the land in question is Reserve Forest land. As per the settled position of law, no private individual can cl4m ownership, possession, or cultivation rights over any portion of notified Reserve Forest land, except through the lawful process ofde-reservation. In view of the foregoing facts and submissions, grving opportunity of impleaded in writ petition as party respondents (Suo-moto) to the Forest Department, this Hon'ble High court, it is requested to Government Pleader for Forests to bring notice before the this Hon'ble Court and may be pleased to prayed for grant of (1) month time for filling detailed counter Allidavit in the above writ petition." . !. a

13. On a perusal of written instructions, it is evident that lands claimed by petitioner Nos.4 to 7 fall within Chatakonda Reserye Forest area notified under Section 18 of the Act, 1355. G.O.Ms.No.1083, dated 27.12.1354 F t2 JAK,J W.P.No.28467 of 2016 speaks of an extent of Acs.2,155.20 0f land in Sy.No.17 is reserved Forest block and it is und.er administrative control of the Forest Divisionar officer, Kothagudem. In other words, as per the instructions presented to the court, rand claimed by petitioner Nos.l to 3 is not falling within the reserye forest area.

74. This court is not incrined to enter into arl these factual aspects, representations of petitioners are still pending before the concerned officer.

15. Section 4 of the Telangana Forest Act, 1967 is as follows . .u4. Notiticatioa by Government:- (l) Whenever it is proposed to constitr_te .rry frrJ j" " ,"""*ud Forest, the Government shall i"Ufi"tr l notification in lhe Telangana Gaz,ette and in tt . Oi"tri.t Gazette concerned, if any; -"rrv]" - rvvv'v'v' (a), specifting, as .r.Try as possibre, the situation and limits of such land; (b) declaring that it is proposed to constitute such land as reserved forest; (c) appointing a Forest Settlement Oflicer to consider the obiections, ii "Srjrr"t the declaration under" clause'&t a:i'';o enquire into and determine the existence, ""i"r."""a extent of any rights claimed by, or "Ul,e.Ai"Gst in favour of, any person in or over any tana comprised within such limits, or to any foresi ;;;;;f such land, and to deal with tt. .r*.'.1pr""ia.d in this Chapter. Explanatioa:- {11 For-the purpose of clause (4, it shall be suflicieni to descrite fir. ii*ir" of the Iand by any well known or readily intelligible t T / 13 JAK,J W.P.No.28467 of 2016 boundaries, such as roads, rivers, bridges and the like. (2) A person appointed to be a Forest Settlement Officer under clause (c) of sub-section (1) shall be an oflicer of the Revenue Department not below the rank of a Revenue Divisional Offrcer. (3) Any forest offrcer may represent the Forest Department at the inquiry conducted under this Chapter." L6. Section 6 of the Telangana Forest Act, L967 is as follows u6. Proclamation by Forest Settlement Officer:- (1) Where a notification has been issued under section 4, the Forest Settlement Officer shall publish in the main language of the district, in the District Gazette concerned or where there is no such Gazette, in the Telangana Gazette, and in the regional language in every town and village and at the headquarters of each taluk and at the office of the Gram Panchayat, in which any portion of land included in the said notification is situate, a proclamation,- (a) specitying, as nearly as possible, the situation and limits of the land proposed to be included within the reserved forest; (b) setting forth the substance of the provisions of section 7; (c) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and (d) fixing a period of not less than six months and not more than one year from the date of publishing such proclamation at the headquarters of the taluk, and calling for objections, if any, within the period so fixed from any person interested against the declaration under clause (b) of sub-section (1) of section 4, and. requiring every person claiming any right in such land either to present to the said officer, within the period so fixed, a written statement speciffing, or to appear before him within the said period and state, the nature of such - rights, and in either case to produce all documents in support thereof. (2) The Forest Settlement Officer shall also serve in the manner prescribed, a copy of the proclamation on every known or reputed owner or occupier of any land included in or adjoining the land proposed to be constituted as a reserved forest, or on his recognised agent or manager." |" n l: l4 r. JAK,.F W.P.No.28467 of2016 L7. Once a notification is issued under Section 4 of the Act, L967, it is deemed that entire extent of the land notified falls under the ambit of Forest Department. No other entity of State Government, in whatsoever manner, can interfere with the land notified by the Government, by virtue of Notification issued under Section 4 of the Act, L967. This law is applicable to every parcel of land notified under Section 4 of the Act, 1967. It is for the office of Forest Department to protect the entire parcel of land notified in G.O.Ms.No.1O83, dated 27.12.1354 F issued under Section 4 of the Act, 1967.

18. Representations/objections/explanations offered by petitioners in reply to show cause notices, dated !- LL.O8.2016, are pending consideration before the concerned Tahsildar. Copies of the same shall be forwarded to, the District Forest Oflicer and also to the office of the n Collector concerned for consideration and disposal.

19. A request is made on behalf of petitioners to fonvard a copy of this order through the office of the learned Government Pleader to the office of Collector, Bhadradri- 15 JAK,J W.P.No.28467 of 2016 / Kothagudem, so as to ensure that the grievances of petitioners are redressed at an earliest date.

20. Collector, Bhadradri-Kothagudem is suo motu impleaded as part5r respondent. 2L- Interim stay granted by this court by order dated

26.08.2016 in w.P.M.P.No.35245 of 2016 shall continue till disposal of the representations/explanations/objections of petitioners.

22. The office of collector in co-ordination with the Forest department, if necessary, the police department shall enquire into the entire issue including the pattas issued by the Revenue department, by following due process of law and shall initiate steps, if any person or persons are in occupation of forest lands, they shall be evicted, if they are in occupation of forest land, so as to protect the forest land. A report shall be submitted to the office of chief secretar5r, on the entire issue, who shall take note of it and request for further action, if necessar5r. The report shall be submitted within six (6) months. Needless to state that interference by any shall be dealt with in accord.ance with law. t a l6 JAK,J W.P.No.28467 of 2016 23 with the above observations, writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Date:O9.12.2025 SSM ANIL KUITIAR JUKANTI, J D. l