Heard Sri v. Ravi Kiran Rao, learned Senior Designated Counsel, appearing on behatf of petitio

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 lssue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus directing the Respondents particularly Respondents 3 and 5 not to interfere with the possession and enjoyment of the petitioners over the property in Sy.No. .l92 Extent Ac.3-00, Sy.No. 142 Ac. 3-00 and Ac.2-00 respectively situated at Kupkal village, Bheemgal Mandal, Nizamabad District without following any due procedure under law i.e. without any notice, without causing any enquiry and without conducting any joint survey along with the revenue authorities in their presence by duly declaring the action of the Respondent No.3 and 5 in interfering with the possession and enioyment of the petitioners over the above mentioned property on the ground that the above land is a forest land as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of lndia. l! I l.A. NO: 1 OF 201s(WPMP. NO: 37532 OF 2015) 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 direct the Respondents particularly Respondents 3 'and 5 not to interfere with the possession and enjoyment of the petitioners over the property in Sy.No. 192 Extent Ac.3-00, Sy.No. 142 Ac.3-00 and Ac.2-00 respectively situated at Kupkal village, Bheemgal Mandal, Nizamabad District pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V. RAVI KIRAN RAO Counsel for the Respondent No.1 to 3 & 5: ASST. GP FOR FORESTS Counsel for the Respondent No.4: ASST. GP FOR REVENUE The Court made the following: ORDER i HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION f{o.289 50F2o15 ORDER: Heard Sri V. Ravi Kiran Rao, learned Senior Designated Counsel, appearing on behatf of petitioners, learned Assistant covernment pleader for Forests, appearing on behalf of respondent Nos.1 to 3 and learned Assistant Governnrent pleader for Revenue, appearing on behalf of respondent No.4.

2. The petitioners approached the Court seeking prayer as under: "...to issue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus directing the respondents particularly Respondents 3 and 5 not to interfere with the possession and enjoyment oF the petitioners over the property in Sy.No. 192 Extent Ac.3-00 guntas, Sy.No. 142 Ac. 3-00 guntas, and Ac.2-00 guntas respectively situated at Kupkal village, Bheemgal Mandal, Nizamabad District without following any due procedure under law i.e. without any notice, without causing any enquiry and without conducting any joint survey along with the revenue authorities in their presence by duly declaring the action of the Respondent Nos.3 and 5 2 wP 28935 2015 in interfering with the possession and enjoyment of the petitioners over the above mentioned property on the ground that the above land is a forest land as illegal, arbitrary and violative of Articles 14 and 21 oF Constitution oF India and pass...".

3. The case of the petitioners, in brief, is that the petitioners were assigned Government land to an extent of Ac.3.00 guntas in Sy.No. 192 situated at Kupkal Village, Bheemgal Mandal, Nizamabad District in the year 19g6 and the 1st petitroner's brother Bajam Kuntanna was also assigned land to extent of Ac.1.00 guntas in Sy.No. 192 in the same year. The petitioners obtained loans for cultivating the said land from Farmers Service Cooperative Society Ltd., Bheemgal by mortgaging the said lands and dug a borewell and obtained electricity supply for the purpose of drawing water. In the 3.d week of July, 2015 the Forest Beat Officer, Bheemgal brought a proclainer and started trenching the petitioners, agricultural land claiming that it is a forest land. The petitioners submitted a representation dated 05.08.2015 to the forest authorities requesting not to interfere into their lands. However, the same was not considered. Aggrieved by the action of i 3 wP 28935 2015 respondents in interfering with the possession petitioners land, the present writ petition is filed' 4 This Court Dassed interim order in favou rof the ti n d edO 9 .No 53 5 P 2(J15inW. P. No. 28935 of ?.O 15 observin as under: "Prima facie this Court is satisfied that the petitioners are having title deeds in respect of the propertY claimed bY them. In the circumstances, the respondents shall not interfere with the land in respect of which the petitioners claim title, without following due process of law".

5. Sri V. Ravi Kiran Rao, learned Senior Designated Counset, appearing on behalf of petitioners submits that the writ petition coutd be disposed- as per the terms of interim order dated O8'O9'2O15 passed in W.P.M.P. No. 37532 of 2015 in W'P' No' 28935 of 2o15 since the orders are in force as on date since the year

2015. 6. The learned Assistant Government Pleader for Forests. appearing on behalf of respondent Nos'1 to 3 does not dispute the said submissions made by the Ii 4 wP_28e35 20"# appearing learned Senior Designated Counsel behalf of the petitioners, however submits that the respondents are at liberty to initiate appropriate action as per the provisions of the Telangana Forests Act, 1967 in the event the petitioners try to encroach into the forest land under the guise of the interim orders obtained in favour of the petitioners and the order to be passed now in the present writ petition, acljudicating W.P. No. 28935 of 2Ot5 itsetf finafiy 7,7 aktn rnto co nsiderat on (a) The aforesaid facts and circumstances of the case, (b) The submissions made by learned Senior appearing .on behalf of the learned Assistant Government appearing on behalf of the Designated Counsel petitioners and the Pleader for Forests respondents, (c) The interim order of this Court dated 08.09.2015 passed in W.p.M.p. No. 37532 of 2OtS in W.P. No. 28935 of 2Ol5 which iare in force as on date r 5 wP 28935 2015 The writ petition is disposed of directing the respondents not to interfere with the possession and enjoyment over the subject property of the petitioners i.e. land to an extent of AC.3.OO guntas in Sy.No. 192, lands to an extent and Ac.2.OO guntas in Sy.No. 142 respectively, situated at Kupkal Village, Bheemgal Mandal, Nizamabad Distract without following due process of taw. It is however, observed that under the guise of present orders in the event the petitioners try to encroach into the forest land, the respondents are at liberty to take appropriate action against the petitioners as per the provisions of Telangana Forests Act, 1967. However, there shall be no order as to costs, As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPY// SD/.MOHD.ISMAIL ANT REGISTRAR ECTION OFF]CER To, 1 The Principal Secretary, Forest, Environment, Science and Technology Dept., 2 3 4 5 6 7 State of Telangana, Secretariat, Hyderabad. The Divisional Forest Officer, Nizamabad., The Forest Range Officer, Kammarpally, Nizamabad District. The Tahsildar, Bheemgal Mandal, Nizamabad District., The Forest Beat Officer, Bheemgal, Nizamabad District' One CC to SRI V. RAVI KIRAN RAO Advocate IOPUC] TWo CCs to GP FOR FORESTS, High Court for the State of Telangana. IOUT

8. iwo CCs to GP FOR REVENUE, High Court for the State of Telangana tOUI

9. Two CD Copies BN BS(k t' l CC TODAY HIGH COURT DATED:2810212025 ORDER WP.No.28935 of 2015 1Ye STAT€ -n.( 1 t $l'r t''r't f, o o -,, , , DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?L