High Court · 2025

Petition under Articre 226 of rhe 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 [\.4andamus declaring the action of the respondents in interfering with peaceful possession and enjoyment of Petitioners' land admeasuring Ac.2.00 in Sy.No. 3'12l6/E1 situated at Thadkul Village, Banswada Mandal, Kamareddy District belongs to 1st Petitioner and land admeasuring Ac. 3.00 situated in Compartment No. 284 of Borlam Village, Banswada Mandal, Kamareddy District belongs to the 2nd Petitioner, without following due process of law is illegal, arbitrary, highhanded and unconstitutio nal and violation of Art. 14, 19, 21 and 300-A of the constitution of lndia and consequenfly direct the respondents not to interfere in any manner and dispossess the Petitioners from their respective above said.lands. I I i ; i ' lA No: 1 oF 2o2ti Petition rr',Jerr 3ection 151 CPC praying that in the circLrmslances stated in the affidavit fil-.c in ;upport of the petition, the High coud may be pleased to direct the respCnrl lnts not to interfere with the pe;acef rl p:ssession and enjoyment of lh,r F ertitioners' land admeasuring Ac. 2.00 n S 7 No' 312l6/El situated at Thadl ul /illage, Banswada Ir,4andal, Kamaredc y D stric: belongs to 1st Petitioner and la r,: :rdmeasuring Ac. 3.00 situated in ccmparlrrent No. 284 of Borlam Village : Bar swada [t/andal, Kamareddy Distrirrt belon ]s to the 2nd Petitioner in ary rnit rner. Counsel for the Pet tioners: SRI S.GANESH Counsel for the l:les pondent Nos.1 TO 5: GP FOR FORESTS Counsel for the rile s.J>ondent No.6: GP FOR REVENUE The Court made th€ following: ORDER THE HON'BLE SRT JUSTICE PULLA KARTHIK WRIT PETITION No.16666 0F 2025 ORDER: With the consent of parties, this Writ petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed, under Articl e 226 of the Constitution of India, seeking the follou,ing relief: "...,o issue a Wit, Order or _direction nore pert.i(:ularlg one trt the ndture of Wnt of Mandarnus declanng the octiott of the. respordeits in interfeirq witit peace-ful possessiott cl (i enJoAme t ol' petitioners' land adrrtt:asuring Ai. 2.OO n SA. No.312/6/81 sitllated at ,t ha.lkul Village, Bansuada Manddl, Katnaredd.g Disti(:t belonqs to lst petitioner and lind ad.measunng Ar'.3.OO situated in ConLpdtliLent No.2B4 of Borlam Viltage, Bansutada Martdal, Karnare<Ldg District be.Longs to tlle 2"d petitioner, uitll;ut fo owing due proc4ss o! layo ts itlegdl, arbitrdry, highhanded ancl unconstitutional and wofatron of Art. 14, 19, 21 and 3OO A of tle Con_stitution of India and cor-sequently direit. the respotldettts nol to irlerkre in artg ,nan,ei and dlspo.s-sess the petitioners froDt tlLeir respe.ctiue aboue so.icl lanTds and pas.s... "

3. Heard Sri S.Ganesh, learned counsel for the petitioners and learned Government pleader for Forest for the respondents.

4. Learned counsel for the petitioners submits that the petitioners are father and son respectively, they are landless poor persons and agriculture is their only source of livelihood. Therefore, the petitioners have requested the authorities to assign agricultural lands for their livelihood. Considering their case, the Government assigned total extent of Ac.4.10 guntas 2 PK, u p 16666 2025 n

1.,, of land n Sirrrvev Nos.312l12 1A,312/6lEI , 145 I lAl and 146 Ia at 'f :r,luko1e Village, Balsuu.ada Mandal. i(irmareddy District. tr r-,r:r.itioner No.1 about more than tl-rrer cle,:ades ago and pet.t:rll-1,: - No.1's name r.vas mutated in the revenue records. l. s; further submitted that per,itioner No.2 is cultivating 1h: forest land for about two decarles and he made a claim f(,r' Irant of ROFR patta. Accord;ng1,., t-re forest departmen, {ranted ROFR patta ulde ROFRO221OO0268g5 to an exter,t ol Ac.3.0O situated in Compartrncr t No.2B4 of Borlam v'tilzL11,:, Banswada Mandal, Kamarr:cld.. D strict to petitione" ',trr' 2 . Ever since the date of assignmtnr n favour of the p:titir:rLers, they are in continuous pos sesr.lion and enjovmerrt :[ :'reir respective 1ands. While things, stc od thus, respondenr s .rios.2 to 5 are trying to dis,ross ess the petitroners r-r- rm the subject lands without fc lLou ing due process of 1\\. Therefore, learned counsel pre1.s his Court to direct thi' r es;r)ondents not to dispossess the petition ers from the subje:t 1;,.rrds.

5. Lea:'n,:r-l Government Pleader for the resptr-rd )nts, on instruction-. srrbmits that the respondents aro nct tn-erfering u,ith the pre'Lc:e f r-rl possession of the petitioners. i: &. 3 PK,J Wp 16666 2025

6. Having regard to the submissions made by learned counsel for the respective parties, this Writ petition is disposed of directing the respondents not to interfere with the peacefui possession of the petitioners from the subject lands without following due process of law. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/. M. NAGAMANI ISTANT REGISTRAR S SECTION OFFICER To riat, Hyderabad, State of Telangana.

1. The Principal Secretary, Forest Department, Se z fne oiitrict Forest Officer, Kamareddy Reddy District, Kamareddy' 3. The Forest Security Officer, Banswada, Kamareddy District' 4. The Forest Beat Oificer, Banswada Division, Kamareddy District' 5. The Forest Range Officer, Banswada ltv'lanCal, Karnareddy District' 6. The Tahsildar, danswada Mandal, Kamareddy Diskict. 7. One CC to SRI S.GANESH, Advocate [OPUC] 8. i*; CCs to GP FOR FORESTS, High Court for the State of Telangana, at g. fri,o-Cds to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Hyderabad. [OUT]

10. Two CD Copies PSK. GJP w HIGH COIJI?T DATED:18106t2025 ORDER WP.No.16666 of 2025 C C TODAY -4- .411. lAt 9'-'' ,( :S t I i-: t) i r-!. r 1, Uli 2M5 .n . . ,.. :. ;,, {. .l^t ' t DISPOSING (]'F THE WRIT PETITION WITHOU] ISoSTS ,#4 \\- rcr- -("w