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 nature of writ of mandamus declaring the action of the respondents herein in trying to dispossessthepetitionerfromtheagriculturelandadmeasuringAc4.00gtsin Sy.No.1/l2situatedatLakshmidevipallivillage,PalonchaMandal,Bhadradri Kothagudem District as arbitrary, itlegal, without jurisdiction and violation of Article 14, 21 and 300-4 of the Constitution of lndia and consequently direct the respondents not to dispossess petitioner from the agriculture land admeasuring Ac 4.00gts in Sy.No.1/12 situated at Lakshmidevipalli village, Paloncha lvlandal, Bhadradri Kothagudem District. IA NO: 10F 2025 Petiti.n under section 15'1 cPC praying that in the circums;tances stated in the affidavit filed ir support of the petition, the High court ma,,, be pleased to direct the responderrs not to interfere with peacefur possession c,f the petitioners agriculture land admeasuring Ac 4.00gts in . Sy.No.1/11,r situated at Lakshmidevipa'i vi'age, paroncha Mandar, Bhadradri Kothaludem District without due p,166s55 of law, pending disposal of writ petition. Counsel for the petitioner : SRI MOHD SUBHAN pASHA Counsel for the Respondents: ASST.Gp FOR FORESTS The Court made the following: ORDER HON,BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No .14989 0F 20 25 ORDER: Heard Sri Mohd Subhan Pasha, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests appearing on behalf of the respondents.

2. The Detitioner aDD ached the Court seekinq oraver as under: "....It is prayed that this Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in trying to dispossess the petitioner from the agriculture land admeasuring Ac 4.0Ogts in Sy.No.U12 situated at Lakshmidevipalli village, Paloncha Mandal, Bhadradri Kothagudem District as arbitrary, illegal, without jurisdiction and violation of Article 14. 2l and 300-A of the Constitution of India and consequently direct the respondents not to dispossess petitioner from the agriculture land admeasuring Ac 4.00gts in Sy.No.1/12 situated at Lakshmidevipalli village, Paloncha Mandal, Bhadradri Kothagudem District, and pass such other order or orders as thls Hon'ble Court may deem fit and proper in the circumstances of the case..." 2 - SN,J W.l'>.tr-o. I4989 2025 The case of the Detitioner in brief as . Der the 3 averm n It-filed-Ev the oetitioner in suooo rt of the Dresent Writ Petition is in the affi h as under:- It is; the specific case of the petitioner that the petitioner is owner and possessor of agricultural land admeasurinE Ac.4.00 guntas in Sly.No.1/12 situated at Lakshmidevipalli Village, Paloncha Miandal, Bhadradri Kothagudem District having succeeded from her father Yesob. It is fL rther the case of the petitioner that petitioner,s father was as;s;igned the said subject land by the then Revenue Authorities and his name was duly mutated in th€ revenue record:; and p,ahanles also were issued in his favour arrd he was in peaceful pcssession and enjoyment of the subject land duly cultivating th,t same and upon the demise of petitioner's father, petitioner herein succeeded to the said land as the l;ole legal h eir. It is fu rther the case of the petitioner that the l)etitioner even constru(:ted a small house thereon in the said sutrject land and Lakshmidelvipalli Grampanchayat had assigned Dor:r No.7-4 to the petitior)er for the said house and the petitioner l.rad been paying the house tax regularly to Laksh nridevipa lli -) SN,J W.P.No.l4989 2025 Grampanchayat. On an earlier occasion, when Forest Officials attempted to dispossesses the petitioner herein from the subject land in Sy.No.1/12, situated at Lakshmidevipalli Village claiming that the subject lands fall within Forest limits petitioner approached this Court by filing Writ Petition No.23877 of 2020 and this Court vide its order, dated 24.12.2020 directed that the status-quo existing as on the said date to be maintained until further orders. While the said orders are still in force on 03.05.2025, the respondent Nos.3 to 5 entered into petitioner's land and attempted to dispossess the petitioner Aggrieved by the same, petitioner filed the present Writ Petltion PERUSED THE RECORD:-

4. The interim order, dated 24.L2.2O2O Dassed i n favour of the petitioner in W.P.No.23877 of 2O2O filed by the petitioner on an earlier occasion is extracted here nder. "The case of the petitioner is that her father was granted patta in respect of the subject land, along with other landless poor persons in the year 1958, and that when the assigned land was sought to be resumed, one of the assignees filed W.P.No.4B99 of 2020, and this court allowed the same vide order dated 15.11.2008. That when the petitioner was denied the pattadar pass book in respect of the ,, 4 SN,J W.P.No 14989 2025 subject land, she filed W.p.No.19930 of 2019, and this r:ourt c irected the authorities to consider the cl,aim of the petitioner and take necessary steps. In purs:uance r:f the :;aid directions of this court, when the Tahsildar, Palonch;r Mandal, issued memo dated 19.1Cr.2019 intimating the petitioner that the subject land is ourely a Govr:rnment land, and that the request of the petitior,e:r for grant of pattadar pass book canrrot be consid€,red, she filed W.p.No.2089 of ZO2O, ard the s;ame is pending adjudication. The grievance cf the petitior er is that though she has been in posses:, ion of the sub-ect land, the respondents forest authorities, lvithout following the due process of law. are interfering with her possession on the ground that the s;ubject land is forest land. L:arned counsel for the petitioner submit:; that the petitioner has also constructed a small house and living l.here, and that presently the petitiorer is cultivat ng the land, but the respondents arr: not allowin(t the same. A ong with the writ petition, filed to show that cultivating activity subject land. photographs are is going on n the Lt:irrned Government pleader for Forest:;, on \^/ritten instructions, submits that the subject letnd is notified ;ls reserve forest in the year 1944 and i,rt the time of such notification, no objections were filed. Learned Government pleader submits that no patta can be granted in the reserve forest land. That when the petit oner tried to plough the forest land ille3ally, crime vvas registered against the petitioner r.rnder forest larrus. Referring to the photographs filed ,llong with the written instructions, learned Government Pleader submits that in the subject land there are full of bushers;, and no cultivating activity is taking plar:e. 5 SN,J W.P.No.14989 2025 The photographs filed by both the pafties are at variance. In view of the above averments, matter requires filing of counter affidavit. he counsel ner constru roner a nd liv therein, status ouo existino as on todav with reqard to Dossession, shall be mai tained until further orde List after four weeks filing counter affidavit." The sa id order dated 24.I2.2O2O as in force as on date. DISCUSSION AN D CONCLUSION:. DISCU SION:-

5. Learned counsel appearing on behalf of the petitioner submits that the interim order of this Court, dated 24.12.2020 passed in W.P.No.23B77 of 2020 is in force as on date, yet the respondents herein are trying to dispossess the petitioner from the agricultural land in Sy.No.1/12, admeasuring Ac.4.00gts., situated in Laxmidevipally village, Palvoncha Mandal, Bhadradri Kothagudem District, without following due process of law. 6 ned Assi v rnment Pl r For appearin on behalf of the resoondents brinos on record written instructions and t er elevant oortio n of the written instructi ons rs extracted he reu nder: i 6 o SN.J \\t.l'.llo.I4989 2025 n Furthe iti Itiv c. -oo s. sub itted that the Deti oner nev r un der r (! i oc u lt b o ( 3 ) of _TGloreE!_AcL_1 9_OZ Further it is submitted that, the contention of the petitrcner that she is n possession of Ac.4_00 gts. is a blatant lie, The Iand craimeJ by the petitioner is covered with Forest grovrrth which form part of Urban Forest park area which is located, \ ell within the bc,Undaries oF Suraram Reserve Forest block of paloncha Ranqe,,, 7, Learned Assistant Government pleader for Forests appearing on beharf of the respondents pracing reriance on the written instructions placed before this Court(referred to and extracted above) contends that the petitioner is liable to be evicted from the subject house for which ctue procedure wiil be followed as per the rutes made u/s 20 (3) ofTG Forest Actt Lg67. c NC SI N 8' This court on perusar of the written instructions furnished hy the learned Assistant Governmeni: pleader for Forests appearing on behalf of the respondents takes note of the, fact as borne on record that the petitioner admittedly, is residing in an old buitding, but however a plea is taken by the respondents that the said brrilding is located in Forest land and the petitioner is in illegal occupation of the same and due procedure would be , / 7 SN,J W.P.No.l4989 2025 followed as per law for eviction of the petitioner from the said subject house situated in Forest land.

9. This Court opines that in view of the admitted fact that the petitioner is residing in a building located in Forest land and duly taking into consideration the earlier orders, dated 24.L2.2O2O passed in favour of the petitioner in W.P.No.23877 ot 202O (referred to and extracted above) where under this Court directed status- quo existing as on 24.L2.2O2O to be maintained in respect of land admeasuring Ac.4.OO guntas in Sy.No.1/12 situated at Lakshmidevipally Village, Paloncha Mandal, Bhadradri-Kothagudem District and the said orders are in force as on date, the respondents herein are bound to follow the due procedure under law and cannot dispossesses the petitioner from the subject land admeasuring Ac.4.OO guntas in Sy.No.1/12 of Lakshmidevipalli Village, without following due procedure as per the rules in force. 1O. Takinq into consideration:- a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the 1 li, t 8 SN,J W.t']Nc.l4989 2025 learned Assistant Government pleader for Forests appearing on behalf of the respondent c) The interim order. dated 24.12.2O20 passed in farrour of the petitioner in W.p.No.23g77 ot 2O2O filed by the petitioner on an earlier occasion , which is in force as on date_(referred to and extracted above) d) The written instructions on behalf of the respondents placed on record by thel tearned Assistants Government pleader (referrr::d to and extracted above) The 'Writ petitaon is disposed of directing the respondents to follow due procedure under law in respect of the subject land admeasuring Ac.4.0O guntas in Sy.No.1/'12 of Lakshmidevipalli Village. It is however observed that if the petitioner attempts to encr.oach the Forest land, the respondents are at liberty to take appropriat€) action against the petitioner as per the provisions rcf the Telangana Forest AcL tg67. l{owever, there shall rbe no order as to costs. I I I I I r1 9 SN,J W.P.No.14989 202s Miscellaneous applications, if any, pending shall stand closed. To, //TRUE COPY// SD/- P. PADMANABHA REDDY , DEPUTY REGISTRAR ,/ i, TYPfi OFFICER SEC

1. The Principal Secretary, Forest Department, secretariat, State of Telangana, Hyderabad.

2. The District Forest officer, Bhadradri Kothagudem District, At Kothagudem. 3. The Forest Divisional officer, Kothagudem Division, Bhadradri Kothagudem District.

4. The Forest Range Officer, Palvoncha, Bhadradri Kothagudem District' 5. The settlement officer, Laxmidevipally Forest Limits, Palvoncha, Bhadradri Kothagudem District.

6. One CC to SRI MOHD SUBHAN PASHA, Advocate' [OPUC] 7. Two CCs to GP FOR FORESTS, High Court for the State of Telangana' B. Two CD Copies. BSK GJP 4z HIGH COURT DATED:0710512025 I \ VACATION COURT (). l-.. .$ $* '!,' ,. , .// t, t' _+. |. |,-) \1.,. 1,,'L ORDER WP.No.14989 of 2025 DISPOSING ,OF THE WRIT PETITION WITHOUT COSTS ,?, /z /3/5,//5