The High Court · 2025

Petition under Article 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 pr direction, particularly one in the nature of writ of Mandamus, declaring the action of Respondents 3 to 6 in trying to dispossess the petitioners from agricultural land admeasuring Ac.4.00gts in Sy.No.26.l (podu lands) situated at Billupadu Revenue Village, Thallada IVlandal, Khammam District by destroying the standing crops, despite the pendency of claims under the Scheduled rribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as "RoFR Act") as the same is illegal, arbitrary, and violative of Section 4(5) of the RoFR Act and Articles 14, 21 , and 300-A of the constitution of lndia and consequently direct the respondents not to dispossess the petitioners from the lands in Sy.No.261 Ac 4.00gts of Billupadu village until the recognition and verification of their rights under the Forest Rights Act is finally concluded. IA 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 3 to 6 not to interfere in the peaceful possession and agricultural operations of the petitioners in the land admeasuring Ac 4.00gts in Sy.No.261 of Billupadu Revenue village, Thallada Mandal, Khammam District, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI MOHD SUBHAN PASHA Counsel for the Respondent Nos.1, 3 TO 5: GP FOR FORESTS Counsel for the Respondent Nos.2 & 6: GP FOR REVENUE Counsel for the Respondent No.7: GP FOR TRIBAL WELFARE The Court made the following: ORDER THE HON'BLD SRI JUSTICD PULLA KARTHIK WRIT PETITION No.21317 OF 2o25 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: ' 1.) r.ss(e a bnt, order or drect@L, partlallarly one 1 tltc /Latw c oI Wnt ol. Lkrt&lnLus, declarutg the actiotr of Respo de,rls :, to 6 1i trltulg to disTroisc,ss r/re t)ctLttotrcrs Jiom agncultural land admeasuritq Ac 4.O1qts u ia No.26t lh,du tr.ndsj stulated at Dillupadu Reuenue Vrltage, Thatta.lo Maadal. khammanl Dstnct bll (lestroltulq the standng crops, dcspite the pende,rclJ oI cta/i.ts un.ter ttu, S<]Leduleal Tnbes and Other Troditionol Forest Duellers (Recagirtion of tbrest RqLtsl Act, 2006 (hereulafter rekrred to as "R1FR Act") ds th.r same is legal, arbtrary, o,td uolatwe ol. Sect,,tl 4(5) oI the RoFR Act dnd A,licles 14, 21 and SOO_A o1 n Co;Lsfitutlon oJ- hdn e'td co,lsequentrq direct the responclerlrs nor ro d^posscss the pettoaers fronL trLi lantts n: S!t. No.261 Ac 4 Oogts of Biuupadu urllaqe unnt irc .ecoqn @rL ..:.d uenfrcati(,tL oJ thelr nghts utrde. the Fbres, Righls Act rs fnoll! colcLuded anJ r., pa"._ _ "

3. Heard Mr. Mohd Subhan pasha, learned counsel for the petitioners; learned Government pleader for F.orests for rcspondent Nos. 1 and 3 to 5; learned Government pleader for Rcvenue for respondent Nos.2 and 6; and learned Government pleader for Tribal Wellare for respondent No.7.

4. Learned counsel for the petitioners submits that petitioner Nos. I and 2 are husband and wife respectively and are residing at Venkatramuni Thanda, Thallada Mandal, Khammam District. The petitioncrs are cultivating Podu lands in Sy. No.26 1 of Billupadu Revenue Mandal for the past twenty years for their livelihood by 2 PK.J Ii'p -? l-l l7 20.)5 carrytng out seasonal and permanent agricultural activities. While things stood thus, without lollowing the due process of law and without issuing an-v notice or providing an opportrtnitr.of hearing, respondents Nos.3 to 6 are trying to dispossess the pctitioners by destroying the standing crops in the subject land_ lt is further submitted that thc petitioners made a representatroll to responclent No'2 on 23'06'2025 requesting to issue patta for the subject land and the same is pending consideration. Therefore, learnccl counsel prays this Court to direct respondent No.2 to consider the representation, dzrtccl 23.06.2025, submitted by the petitioners and pass appropriatc orders thereon within a stipulatecl period of time and also to direct thc respondents not to dispossess the petitioners from thc subject lancl.

5. Pleader for the respondenLs submits consider the representation of the and pass .appropria te orders, in learned Governmen t pleadcr Learned Govcrllmcn t that respondent No.2 rvill petitioner, dated 23 .06 ..2025, accordance with law. However, contended that there is an apprchension that the petitioncrs make further encroachments on government or forest rand the guise of cultivating th! subject land. 6. Having regard to the submissions made by learned counsel for the respective p:rrtics, tl.ris Writ petition is disposed of directing 3 PK,J Wp.2l3t7 2025 respondent No.2 to pass appropriate orclcrs on the representation, dated 23.06.2025, submitted by the petitioners, strictly in accordance wiLh law, as expeditiously as possible, preferablv within a period of eight (g) weeks from the date of receipt of a copy of this order. Till the disposal of the aforesaid representatron, both the parties arc directed to maintain status_quo, obtaining as on today, w'ith regard to the subject land. However, consrdering the apprehension expressed by the learned Government pleader, it is directed that the petitioners, under the guise of the present order. shall not make any encroachments. Miscellaneous petitions pending, if any, shall stand closed. There shall bc no order as to costs. SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR To SEC Telanoana. //TRUE COPY// ,h6r,,".* '1 . The Principal Secretary, Forest Department' Secretariat, Hyderabad, State of 2. The District Collector, Khammam District at Khammam 3. The District Forest Officer, Khammam District at Khammam +. fhe OiuGionat Forest Officer, Sathupally Division, Khammam District S. fne forest Range OfficeJ, Thallada.Range, Khammam District' O. ffi" e"rtbffic"i Vengar\napeta Beat (G-uduru), Thallada Range, Khammam z Fr6ieii Officer, lntegrated Tribal Development Agency, Tribal Welfare De[artment, Govt. of Telangana, Bhadrachalam, Bhadradrl Kotnaguoem District.

8. d; ac to sRl IVoHD SUBHAN PASHA, Advocate [oPUC] - f . i;; cc.iJcp FoR FoRESTS, High Court for the state of Telangana, at ro.r,ivo-cb--J[o cp FOR REVENUE, High Court for the State of Telangana, at r r i'ivo-CbJio GP FOR TRIBAL WELFARE, High Court for the State of Hyderabad [OUT] Hvderabad. [OUT] District Telangana, at HYderabad. [OUTI

12.Two CD Copies PSK LS ;_ HIGH COURT DATED:0110812025 ORDER WP.No.21317 ot 2025 -1;.;D c .) 2 6 AlJ8 2025 _ .-. ., -).\ ,, .!. a \--' . ... ' ../ '' '/ _-_)t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0^ ) R6 1,8