High Court · 2025

9. Smt. Aruna Jyothi, W/o: G.Amarnath, aged about 53 years, Occ: house wife rlo 2-23-244,'Plot No. 368 Sathavahananagar, Beside sathavanahan school KPHB colony, Kukatpally' Hyderabad.

10.Balke Jyothi, W/o Harinath aged about43 years Occ house wife r/o 4-88, WC Kallem,-Lingalaghanpur Warangal district.

11. M.Naqeshwari, Wo M.Radha krishna Aged about 45 years Occ house wife r/o H. No. 1 2-1 1 -7 921 1 0' Warasiguda Secunderabad

12. D.V.Krishna Rao, Sio late D.V.Narasimha rao Aged about 63 years Occ programme manager FVo H.No. 16'9-749146' Old Malakpet Rececourse road, Hyderabad ..PETITIONERS AND 1 State of Telan,lana, rep by its Principal Secretary, Forest Dt:p artment Secretariat Fh,derabad. 2 3 4 t) 7 8 The District Fc rest Officer, Medchal Malkajigiri Distrirl The Forest Range Officer, Uppal, Medchal lvlalkajigiri district The A,sst Dire r,tor, Survey and Land Records tUeObnat N/lalkajigiri District The Deputy ln:pector of survey and Land Recordsi ()ffice of the Revenue Divisional Off rr;er Keesara Division, Medchal Malkajiqirt Distirt t The Tahasild,: r, Ghatkesar Mandal,Medchal Malkajigriri District The Pocharart tt/uncipality, rep by its commissioner lVledchal Malkajigiri Distriot The Station Flouse Officer, Ghatkesar Police station lVledchal Malkajigiri Distrid ..RESPONDENTS Petition undr:r Article 226 of lhe Constitution of lndia przrying that in the circumstances stated in the affidavit filed therewith, lhe Higth Court may be pleased to rssue wr t order or direction more particularly one in the nature of writ of mandamus declarin,J lhe action of the respondents ir trying to demolish the houses of the pelirioner No. 1 bearing No. 6-161/1 , 6-153/A, house of the petitioner lrlo 2 b-.aring house No. 6-164A in sunrey Nr> 6o situated at lMahalaxmipuram, I"Jarapally village, pocharam [/uncipality, IVe,Jchal [\tlalkajigiri District and also tryirrg to disposses/evict the petitioners :l to 12 frcm the peaceful possession and enj ryment of the house site plot No. 1 63/4 easter'l plot extent '139 sq.yards. pbt No 150/A extent 250 sq.yards, Plot No. 159A extert 250 sq.yards, Plot No. 15BA extent 125 sq.yards, plot No. 149/A exterrt 175 s( .yards, Plot No. 148A extenl 220 sq yards, Plot No 157 extent 30o sq.yards, plot No. 165 and 1664 extent 515 sq.yards respectively all are in survey No. 6o situated at Mahalaxmipuram, l',Jarepally village, Pocharam Muncipality, Ghirtkesar Mandal, Medchal Malka.jigiri District on the ground that these plots are the part of forest land in survey No :il, without issuing any notice and following the due process of law as arbi:rary anri illegal and contrary to the notification vide No.20 dated 17.5.2O12 and in villation of the principles of natural justrce and ir violation of the Article 1 4, 16 and llooA of constitution of lndia and consequently to direct the L.: respondents not to interfere into the peaceful possession and enjoyment of the houses and plots without issuing any notice and following the due process of law. lA NO: 1 OF 2025 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 respondents not to demolish the houses of the petitioner No. bearing No. 6-161/'l , 6-153/A, house of the petitioner No. 2 bearing house No. 6- 1644 in survey No 6o situated at Mahalaxmipuram, Narapally village pocharam Municipality, Medchal Malkajigiri District and not to disposses/evict the petitioners 3 lo 12 from the peaceful possession and enjoyment of the house site plot No. 163/A eastern plot extent 139 sq.yards, plot No 16o/4 extent 250 sq.yards, Plot No. 159A extent 250 sq.yards, Plot No. 15BA extent 125 sq.yards, plot No. 149/A extent 175 sq.yards, Plot No. 148A extent 220 sq.yards, Plot No '157 extent 300 sq.yards plot No. '165 and 66A extent 515 sq.yards respectively all are in survey No.6o situated at [Vlahalaxmipuram, Narepally village, Pocharam IVunicipality, Ghatkesar IVIandal, t\/edchal Malkajigiri District without issuing any notice and following the due process of law pending disposal of the above writ petition. Counsel for the Petitioners: SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondent Nos.1 to 3: GP FOR FORESTS Counsel for the Respondent Nos.4 to 6: GP FOR REVENUE Counsel forthe Respondent No.7: SRI PUTTA KRISHNA REDDY, SC Counsel forthe Respondent No.8: AGP FOR HOME The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO.15)44 OF 2025 ORDER: Heard Sri G. Madhusudhan Reddy, learned counsel appearing ,f,n behalf of the petitioners, the learned Assistant Government Pleader for Forests appearing on behalf of respondent Nos.1 to 3, learned Assistant Governmentr Pleader for Revenue appearing on behalf of respondent Nos.4 to 6, Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.7 and learned Assistant Government Pleader for Home appearing for respondent No.8.

2. The petitioners aDDroached this Court seekino praver as under: ". .,to issue writ order or direction more particularly one in the nature of writ of mandamus declarinrt the action of the respondents in trying to demolislr the houses of the petitioner No l. bearinq No. 6-761/l 6-753/A, house of the petitioner No.2 bearing house Nro.6-164A in survey No.6o situate(l at M,ehalax rtipuram, Narapally village poch.aram Mtncipali:y, Medchal Malkajigiri District and also trying to d ispo ssess/ev ict the petitioners 3 to l2 fronr the pe:aceful possession and enjoyment of the housr,: slte plot No.163/A eastern plot extent 139 sq.yards, plot No.160/r\ extent 250 sq.yards, Plot No.159A e.{tent 250 sq.r,,ards, Plot No.15BA extent 125 sq.yards, plot No.149/r\ extent 175 sq.yards, plot No.14BA e:<tent 220 sq.vards, Plot No 157 extent 300 sq.yards and plot No:;.165 and 166A extent 515 sq.,r'ards 2 SN,J W.P.No.l5044 2025 respectively all are in survey No.6o situated at Mahalaxmipuram Narepally village Pocharam Muncipality Ghatkesar Mandal Medchal Malkajigirl District on the ground that these plots are the part of forest land in survey No.55 without issuing any notice and following the due process of law as arbitrary and illegal and contrary to the notification vide No.20 dated 17.5.20L2 and in violation of the principles of natural justice and in violation of the Arti'cle 14 16 and 300A of constitution of India and consequently to direct the respondents not to interfere into the peaceful possession and enjoyment oF the houses and plots without issuing any notice and following the due process of law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. "

3. It is represented by the learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleaders for Forests appearing on behalf of the respondent Nos.1 to 3 and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.4 to 6 respectively that the subject issue in the present case is squarely covered by the orders of this Court, dated 25.04.2025 passed in W.P.No'12947 of 2025 and therefore, the petitioners herein are entitled for the same relief as extended to the petitioners in W.P'No 12947 of 2025 and hence, the present Writ Petition could be disposed of in terms of the orders of this Court, dated 25'04'2025 passed in W.P.No.12947 of 2025.

4. Taki no into cons deration:- l SN,J W.l'No 15044 2025 a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing for the petitioners, the learned Assistant Government: Pleader for Forests appearing for respondent Nos.1 to 3 and the learned Assistant Governmenl Pleader for Revenue appearing on behalf of respondent Nos,4 to 6. c) The orders of this Court, dated 25.04.2O25 passed in W.P.No.12947 ot 2025. The present Writ Petition is disposed of directing respondent Nos.3 and 4 to conduct a joint survey and demarcate the lands of the petitioners as well as the Forest Department. In case, the petitioners' lands are found to be within the boundaries of the Forest lands, they shall be evicted, after following the due procedure established under law, The entire exercise shall be completed ,as expeditiously as possible, preferably within a period of six (O6) weeks from the date of receipt of a A copy of this order. Till such survey is conductecl and the demarcation is completed, both the parties are directed to maintain status quo in respect of house bearing No.6- LGL/L, 6-L53/4, 6-164A in Sy.No.6O, situated at Mahalaxmipuram, Narapally Village, pocharam 4 SN,J W.P.No.1 5044 2025 Muncipality, Medchal Malkajgiri District, and house site plot No.163/A eastern plot extent 139 sq'yards, plot No.16OlA extent 250 sq.yards, Plot No.159A extent 25O sq.yards, Plot No.158A extent L25 sq.yards, plot No.149lA extent 175 sq.yards, Plot No.f+gA extent 220 sq.yards, Plot No 157 extent 3OO sq.yards and plot Nos.165 and 166A extent 515 sq.yards respectively situated in survey No.6o situated at Mahalaxmipuram, Narapally Village, Pocharam Municipality Ghatkesar Mandal, Medchal Malkajigiri District' However, there shall be no order as to costs. I I I closed Miscellaneous applications, if any, pending shall stand //TRUE COPY/I SD/. P. PADMANABHA REDDY DEPUTY / REGISTRAR /, sec/r'6ru oFFrcER To, Hvderabad.

1. The Principal secretary, Forest Department secretariat, State of Telangana, Divisiorial Officdr Keesara DiviSion, Medchal Malkajigiri

2. The District Forest Officer, Medchal Malkajigiri District' e. tne Forest Range Officer, Uppal, Medchal tt/alkajigiri gigtr!.ct.. 4. The Asst Director, survey and Land Records rvledchallvlalkajlgln_ulstflct S. ffre Oeputy lnspector of iurvey and.Land. Re99r!s, Ofn19 of the Revenue - 6. The Tahasildar, Ghatkesar Mandal,Medchal Malkajigiri DisJIrq .. 7. The commissioner, The Pocharam ttilunicipality, Medchal MalKallglrl ulstnct A. ff,e Staiion House'Officer, chatkesar Polide stdtion Medchal Malkajigiri g. One CC to Sri Gudi Madhusudhan Reddy, Advocate [OPUC] iO.i*o CCs to GPforForests, High Court forthe State of Telangana' at r f . frfuo-C-C io tne Cp for Home. Hiqh Court for the State of Telanoana at Hyderabad [OUT] -Dislirct District ) J t .e "4:+r Hvderabad[ouT]

12. Two C'3 to Thr: GP for Revenue' High Court for the State of Te:'langana' at 13.oi,; cdi; s,.i=,ltt, Ktithn' Reddv' sc[oPUC] 14.Two CD Copies Hvderabad[OU1] TJ GJP h/ .i '':::i:rr.,r$i,'t., HIGH COURT DATED:0710512025 CC TODAY VACATION COURT 't : I I / /,v ''t'' 1it .9 s* ''",, ,. 'li , r') f \\ \.,. ,;\ \. \..-:'l' ._t,,-.. i ,. ORDER WP.No.15044 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/Z //<t-2 a -- 5