1. Sunnam Ramulu v. 1. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the inaction of the Respondents No.2 and 3 in taking any action on the Representation dated Q1 .Q4.2Q24 submitted by the Petitioners against the joint survey report dated 22.08.2022 and Panchanama dated '16.08.2022 conducted by the Respo.rdents No.S to 8 as illegal arbitrary violative of Principles of natural justice of A rticlesl4, 21 , 244 rlw Fifth Schedule of the Constitution of lndia, Telangana Scheduled Area Land Transfer Regulation 1959 ,and Telangana Survey and l)oundaries Act 1923 consequently set aside the joint survey report 22.08.2O )-2 and panchanama dt.16.08.2022 and further direct the Respondent Nos. 1 to 3 lo conduct denovo Enquiry afresh survey by Respondents Tand I jointly witl their personal field visit. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High CoL rt may be pleased to suspend the jo nt sJrvey report dated 22.08.2022 and Panchanama dated 16.O8.2022 conclucte,l by the Respondents No. 5 to I perrding disposal of Writ Petition lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to direct the Respondents 6 and 7 not to interfere in the Sy.N,.r.19 ,1911, 1gl2 and in Sy.No.213, 213t1, 21312, 213i3 Peddireddygudem Villar;e Annapureddypally Mandal Bhadradri kolhagudem District which the petitioners and other tribal are in possession pendinll disposal of the writ petition. Counsel for the Petitioner: SRI T.V.RAMESH Counsel for the Respondent No.1 to 3: GP FOR SOCIAL WELFARE Counsel forthe Respondent No.4, 5 & 8: GP FOR REVENUE Counsel forthe Respondent No.6 & 7: GP FOR FOREST The Court made the lbllowing: ORDER / ..,/ THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAJ{A WRIT PETITION No.17762 OF 2o.24 ORDER:

1. This Writ Petilion is filed seeking the Court to issue Wnif of Mandamus declaring the action of respondent Nos.2 & 3 in not taking any action on the representation dated O1.O4.2O24 submitted by the petitioners against the joint survey report dated 22.08.2022 and Panchanama dated 16.08.2022 conducted by the respondents 5 to 8, as illegal and arbitrary and consequently to set-aside the same and direct the respondent Nos. 1 to 3 to conduct denovo Enquiry afresh survey by the respondents 7 & 8 joinfly witJl their personal held visit.

2. Heard learned counsel for the petitioners as well as the learned counsel for the respondents.

3. Learned counsel for the petitioners would submit that the petitioners are cultivating Government lands situated in Sy.No.19, 19/l/ 1912, 213/2, 2t313, 213 situated at Peddireddygudem Vilage since generations and the forest offrcials and revenue authorities are interfering with their peaceful possession and enjoyment. Hence, they have submitted a representation dated OI.O4.2O24 to the respondent Nos.2 & 3 against the joint survey said to be have been 2 NB(,] w .P.No.11162jo24 conducted b'r the respondent Nos.S to 8 anr.[ requested to conduct a fresh enquiry in the presence of petitioners and Gramsabha. But the respondent authorities d:.d not take any action or-r the, said representation till today ald had not taken any steps eLgainst the false joint survey rrtport filed by respondr:nt No.8. It is also stated that responde:rt No.7, who is not at all ,:oncerned to subject lands, cane along with henchmr:n al:ng with JCB machines and created havoc. Since the petiLoners have threat of dispossession lrom the respondent No.7 relating to Sy.No. 19, 19 ll, 19/2 and Sy.Nos.213,2l3lI, 213/2, 213i3, Peddireddygudem Vilage, Annapureddypally Manda, Bhaclradrikothagudem district, as such they filed the present '.rrit petition seeking to set-aside the joirrt survey report dated 22.08.2',022 and panchanama dated L6.O8.'.2O22.

4. Respondent No.4/Revenue Divisional Olficer frled his detailed courrter contending that as per revenr te records, the names of thr: petitioners were not recorded in pahanies since 1954-55 (Kasra Pahani) and present Dharani online portal and the survey terrm deployed by the Inspector of Str:tvey, Bhadradri Kothagudem District, has reported that the petitioners were not in posst:ssio;r and are not cultivating the land situated in Sy.Nos. 19 and 213 of Peddireddygudem Re:venue Village, \ 3 NAK,' w.P.No.71162 2024 Annapureddypalli Mandal which was covered with forest growth and said forest and was under the control of Forest Department and hence prayed to dismiss the Writ Petition.

5. Respondent No.7/Forest Range Officer'filed his counter contending that the suit land being claimed by *re petitioners is absolute possession of Forest Department and the said land forms part of Kanakagiri Reserved Forests notihed under Section 18 of Hyderabad Forest Act, 1326 Fasli under the Government of Hyderabad and published in the state Gazette vide No.26, dated 26.07.1943 Fasli ald section 10 published in Gazette No.7-11-1343 F and the said area is absolutely under the administrative control of Forest Department.

6. Learned Government Pleader for Social Welfare has submitted that the petitioner has alternate remedy of filing an Appeal against the orders under Section 9 or 10 as per the Telangana Survey and Boundaries Act, 1923. The same is not seriously disputed by iearned counsel for the petitioners. Section 11 of theTeiangana Survey and Boundaries Act, 1923, is as under :-

11. Appeol dgainst orders under Section 9 or 7O:- (1) Ang person affected bg a decision under Section 9 or 7O tnag appeal to the prescribed oJficer. The decision of the appellate duthoitA uith t t t t 4 NBKJ W .P.No.17767_2024 reas)ns tlLere for shall be recorded in uriting and r.otice of such deci:;ion shalt be gtuen in the prescribed manner to '.he parties to the appecl. Ang modi-ftcation of the surueA officer's decision, orde,ed b.',/ the appeLlate authoitg, shtrll be noted in the record prepared under Section 9 or 10 as the case mag be. (2) A copg of the order and a copA of the map recording tl'.e boundaies as detemLined uftder Sectpn 9, 1O or 11(1) shalt b< furntshed to anA .Dersoit interested in strch order or map as the ca.;e mag be on his appliccrtion and at his cost. 7 . Since [he petitioners are having efhcar rious alternate remedy against the impugned order, this Court is, not inclined to entertair the Writ petition.

8. Accordingly, the writ petition is disposr:d of granting liberty tc, the petitioners to avail efhcacious alter nate remedy of frling an App,eal before the appropriate authority against the impugned orc.er. There shall be no order as to co{rts.

9. As a sequel to the disposal of this petition miscellaneous petitions, if any, pending shall stand closgd. ,TRUE COPY// AS I SD/-B. REKHA RANI STANT REGISTRAR ECTION OFFICER To, I

1. The Secretary,, Tribal Welfare Department, Dr.B.R.Ambedkar Secretariat Hyderabad, Strate of Telangana.

2. The District Collector and Agent to the Government, Bhadradri Kothegudem District At Kothagudem.

3.TheAdditionalAgenttoGovernment,andProjectofficerITDABhadrachalam Bhadradri Kothagudem District.

4. The Revenue Divisional officer, Kothagudem, Bhadradri Kothagudem District. 5.TheTahasildar,AnnapureddypailiMandalBhadradrikothagudemDistrict. 6. The District Forest Officer, Bhadradri Kothagudem District 7. The Forest Range Officer, Chandrugonda Range Bhadradri Kothagudem District.

8.TheAssistantDirectorSurveyLandRecords,BhadradrikothagudemDistrict. 9. One CC to SRI T.V.RAMESH, Advocate IOPUCI l0.TwoCCstoGPFoRSoClALWELFARE,HighCourtfortheStateof Telangana at HYderabad [OUTI ll.TwoCCstoGPFORREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUTI l2.TwoCCstoGPFoRFoREST,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

13.Two CD CoPies BSR LS HIGH COURT DATED:05108,t2025 I I ,.) ,:c .9 + '(:'\, 12 stP tM r- .i >i PAT ( HT-D * <l t { I t ORDER WP.No.17762 ot 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS "1 \ a-tlrf