✦ High Court of India · 19 Jun 2025

The High Court · 2025

Case Details High Court of India · 19 Jun 2025
Court
High Court of India
Decided
19 Jun 2025
Length
1,380 words

titution of lndia praying that in the herewith, the High Court may be larly one in the nature of writ of rder or orders declaring the inaction g land alternate to land bearing , Situated at Kajjarla Village of s allotted in the year 201 1 as being rtlcles 14, 16 and 3004 of the principles of Natural Justice and nd 5 to allot land to the petitioner to an extent of Ac.s - 00 Gts alternate to land bearing Sy.no.139/107 admeasuring Ac.5 - 00 Gts, Situated at Kajjarla Village of Talamadugu Mandal, Dist. Adilabad. 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 Respondent No.4 and 6 to not to interfere with the possession of the petitioner over land bearing Sy.no.139/108 admeasuring Ac.5-00 Gts, Situated at Ka11arla Village of Talamadugu Mandal, Dist. Adilabad pending disposal of the above writ petition. Counsel for the Petitioner : SRI KONDADI AJAY KUMAR Counsel for the Respondents No.1to3,5: GP FOR REVENUE Counsel for the Respondents No.4&6 : GP FOR FORESTS The Court made the following: ORDER A1 ORDER: THD HOT{'BLE SRI Jt,STICE C B DY UTRIT PETIT N No.l 25 of2ol25 This writ petition is fiIed seeking follo ng relief: "For the reasons stated in the accompanyrng davit, it is hereby prayed that this Hontrle Court may be pleased to issue a writ o order more ParticularlY one in the te writ or order or orders declaring nature of writ of mandamus or any other appro land altemate to land bearing the inaction of Respondent No 2, 3 & 5 in all Sy.no.139/ 108 admeasuring Ac 5-00 Gts' Situa d at Kajjarla Village of Talamadugu the year 201 I as being arbitrary' Mandal, Dist. Adilabad which was allotted in d 300A of the Constitution of India vindictive, illegal, violative of Articles 14, 164 and against to the princiPtes of Natural J stice and consequentlY direct the titioner to an extent of Ac.5-00 Gts Respondent No.2, 3 & 5 to allot land to the easuring Ac.5-00 Gts, Situated at altemate to land bearing Sy'no l39/ 107 Kajjarla Village of Talamadugu Mandal, Dist Adi bad and to pass such other order or orders as this Hon'ble Court may deems ht just proper in the circumstances of the case."

2. an ex-serviceman, retired from It is stated that Petitioner is urther stated that the Petilioner Indian Army after serving 17 years' It is was allotted la-rtd admeasuring to an exte t of Acs. 5.0O guntas in SurveY ugu Mandal, Adilabad District No.142, situated at Kajjarla Village, Tal by the Government as per the policy en ciated by the Governmelt uide G.O.Ms.No.743, dated 30.04.1963 and as p€r the said G.O. "each Jawaan will be eligible for the grant of an extent of cs.2.50 wet or Acs.s.0o dry land y owned bY him Plus the land provided that the total extent of land assigned to him, shall not exceed Ac'2'50 wet or Ac.5.00 dr5/. It is further ified to SurveY No.139 uide stated that tJre SurveY No' 142 was .2011 issued bY the Revenue proceedings No.B/ f 6/20r7 dated 3O'O Divisional Officer. It is further stated that .the Sfr resPondent issued 2 CVBR, J W.P.No.16825 of 2025 pattadar passbook and title deed to the petitioner uide No.T1316OO9O444 dated 04. 10.2018 and Patta No.865. It is further stated that when respondent Nos.4 and 6 tried to interfere with t1le subject land of the petitioner, he filed a suit urZe O.S.No.69 of 2013 on the file of Senior Civil Judge, Adilabad seeking perpetual injunction against respondent Nos.2, 4 and 6 and the said suit was decreed on lO.O7.2Ol4 restraining the defendants therein not to interfere with the peaceful possession of the petitioner and the same is in force till today. [t is further stated that in the year 2024, respondent Nos.4 and 6 forcefully entered into the subject land and tried to plant trees and aggrieved by the same, the petiLioner submitted an application dated O8.O7.2024 to the District Collector requesting him to allot alternate land to the land bearing Survey No.139/ 108 and the petitioner also submitted a representation to the Forest Divisional Officer, Adilabad requesting him to permit him to cultivate the subject land till alternate land is allotted and subsequently, the District Forest Officer addressed a letter to the District Collector uide RC No.3277 l2Ol3/S8 dated

25.06.2024 with a request to allot alternate land since the land in Survey No. 139 is falling in Reserve Forest Area of Mavala RF. The grievance of the petitioner is that on 13.06.2025 some of the forest ofhcials forcefully entered into the subject land of the petitioner and tried to dig trenches with the help of JCB. Hence, the present writ petition. 3 CVBR, J W.P.No.16825 of 2O25

3. Considered the submissions e by the learned counsel for the parties and with their consent, this wri petition is disposed of at the admission stage.

4. Learned Assistant Governmen Pleader for Forest appearing for respondent Nos.4 and 6 fairly submitte that the land allotted to the petitioner in Survey No.l39 is falling in Re rve Forest Area of Mavala RF.

5. In view of the said submission, since it is stated that the Reserve Forest lands are not meant for allotment either for cultivation or for any other purpose and as the petitioner made representation dated Oa.O7 .2024 to the District Collector to allot alternate s itable land of equal extent to the petitioner, the ends of justice would be et if the 2"d respondent-District Collector is directed to consider the case f the petitioner for allotment of alternate suitable land of equal extent wit in the District within a period of six (06) months from the date of receipt of a copy of this order.

6. With the above observations, he Writ Petition is disposed of There shall be no order as to costs. Miscellaneous applications pending, i any, shall stand closed. *',3$Stf*"I#3't+H[A- /ITRUE CO I SEGTI FFICER to'1. ,n. Principal Secretary Revenue Depa Hydefabad ent, Secretariat State of Telangana S b Ad 2 The D trict Co ecto r Ad a ad Dis A labad D strict 3 The Revenue D slona ffice f Ad I D S Ad abad t 4 The D s ona Fo rest officer Ad a D st Ad labad 5 The TahS dar Ta mad ug U Ta amadu u Man d Ad a vocate OP Uc 6 The Ad 7 one cc to SR KoNDA D AJA KU for the State o Te ansana Cou rt P 8 I t?,1*rr"*ees= FeRFQrs-, r:r is Court for the State of Telangana at Range office( Ad abad D Two CC to G FoR RE EN U E H a FoIes s h t t HIGH COURT DATED:1910612025 \ \ --s\_ rE s 14 r\\. . to\ ( otr C) o 11AUE M \( f' * 9t'. -. i. .l ORDER WP.No.16825 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?t- t a-f-

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