High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit frled therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the acts of the Respondents in interfering with the peacef ul possession and enjoyment of the petitioners agricultural lands viz., extent of Ac. 1-17 guntas in Sy. No. 549/3, an extent of Ac- 1-26 guntas in Sy No' 57111 ot the 1st petitioner, an extent of Ac. 2-00 in Sy. No. 57118 of the 2nd petitioner, an extent of Ac. 4-00 in sy. No. 571110 of the 3rd petitioner and an extent of Ac. 3-10 guntas in sy. No. 57118 of the 4th petitioner respectively situated at utnoor Village and Mandal, Adilabad District as illegal, arbitrary and violation of Articles '14, 16 and 21 of the Constitution of lndia. - 'r!:, l.A. NO: 1OF 2012(WPMP. NO: 14789 OF 20121 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 not to dispossess the petitioners from their agricultural lands viz., an extent o'f Ac. 1-17 guntas in Sy. No. 549/3, an extent of Ac. 1-26 guntas in Sy. No.571/1 of the 1st petitioner, an extent of Ac. 2-00 in Sy. No. 57118 of the 2nd petitioner, an extent of Ac. 4-00 in Sy. No. 571110 ol the 3rd petitioner and an extent of Ac. 3-10 guntas in Sy. No. 57118 of the 4th petitioner respectively situated at Utnoor Village and [tr']andal, Adilabad District, pending disposal of the main writ petition. Counsel for the Petitioners: SRl. S SRINIVASA SHARMA Counsel for the Respondent Nos.1&2: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR FORESTS The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.11754 OF 2OL2 ORDER: This Writ Petition is filed under Article 226 of the ConstituLion of India, seeking the following relief: "...to issue a Writ order or direction more particularly one in the nature of Writ of Maldamus declaring the acts of the respondcnts in interfering wrth the peaceful possession and enjoymcnt of the pctitioncr's agric,-rltural lands viz., an extent of Ac.1 17 guntas in Sy.No.549/3, an cxtent of Ac.l.26 guntas in Sy. No.57l/1 of the petitioner No.1, an extent of Ac.2.0O in Sy.No.571/8 of the petitioner No.2, an extent of Ac.4.00 in Sy.No. 57 L l 1O of the petitioner No-3 and an cxtent of Ac.3.10 guntas in Sy.No.571/8 of the petitioner No..+ respectjve ly situated at Utnoor Village and Mandal, Adilabad District as illega1, arbitrary and violation of Articles 14, I 6 and 2 1 ol the Constitution of India..." 2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Forest and iearned Assistant Government Pleader for Revenue for the respondents and perused the entire material on record.

3. Learned counsel for the petitioners submits that petitioners are the absolute owners and possessors of the suit scheduled lands situated at Utnoor Village and Mandal, Adilabad District. The lands were I I l, l i I ,al t. assigned by the revenue authorities to the petitioners and their names were mutated in the revenue records and issued pattadar passbooks and title deeds in their favour. While it being so, without giving any notice and without following due process of law, the respondents are interfering with the possession of the property of the petitioners and states that the petitioners are encroaching the Reserve Forest and trying to file criminal cases against the petitioners and the petitioners are ho \,,ay concerned with the alieged encroachment .1n the forest land and requested to direct the respondents not to interfere with the possession of the property of the petitioners, without following due process of law

4. On the other hand, learned Assistant Government Pleader for Revenue basing on counter filed by the respondent No.2 submits the land in Sy.No.571 is Poramboke land of Utnoor Village and Mandal, which is 668.34 acres, out of which an extent of 475.25 acres is included in the prohibitory orders book which is being maintained by the revenue ofhce and the remaining land of 193'09 acres is a Government Poramboke land. The land assigned to the petitioners is of different extents and the respondents are not interfering with the possession of the property of the petitior-rers assigned to them'

5. Learned Assistant Government Pleader for Revenue further submits that on 3O'O1'20 12, one Nethavath Ramdas representative of Grameena Pedala Sangham, Utnoor submitted a representation requesting to take action against the Forest officials for removal of huts erected in Sy'No'57 1 and booked cases against him. The revenue authorities have verihed and found that the land in which temporarily huts were erected comes in compartmental No'447 of Utnoor extension of Reserve Forest Utnoor in l t: I r l i: l,l l, i; Sy.No.57 1 and therefore, on 18.O2.201,2, the Forest, Revenue and Police ofhcials have made attempts to remove the huts from the reserve forest land. The hut dwellers given in writing that they u,ill vacate the huts within lour (04) days. After negotiations, the same was persuaded them to remove the huts from the reserve forest peacefully withoul using force to avoid law and order problem and as per paragraph No.4 of the counter, the respondent Nos. 1 to 3, have never made attempts to interfere into the lands allotted to the petitioners, instead they only tricd Lo protect the reserve forest land from illegal encroachment by way of erection of temporary huts as there is every chance of grabbing the valuable forest land illegally and requested to dismiss the u,rit petrtton.

6. Learned Government Pleader for Forest basing on counter filed by the respondent No.3 submits the -.- ,,/, forest authorities are not interfering with the possession of the property of the petitioners in the lands assigned to them, but they are taking steps to take action against one Nethawath Ramdas along with 50 others, who rnere trying to encroach the forest land. In view of the same, a complaint was Iodged and case was registered vide Crime No.15 of 2012, dated 25.01.2012 and taking steps to remove temporary huts erected in Compartment No.447 of Reserve Forest, Utnnor, Extention-ll. The pattadars of above assigned lands are leaving their own lands entered in Compartment No.447 of Reserve Forest, Utnnor, Extention-ll i11ega111' with active provocation of local leaders by one Nethavath Ramdas and others including writ petitioners doing illegally activitie s such as clearance of lorest growth, converting the encroached land into house plots and erecting huts and the same is violation of the Forest Act, 1967 as well as the Forest Conservation Act, 1980 and further submitted that the petitioners are trying to encroach the forest land and requested to dismiss the writ petrtron. 7 . After hearing both sides, this Court is of the considered view that admittedly, there is no dispute with regard to the assignment patta granted by the revenue authorities in favour ol the petitionr:rs in the subject property. As per the contentions madc by thc learned counsel for the petitioners, the dispute is thal r.r,ithout following due process of law, the respondents are interlcring into the possession of Lhe property assigned to the petitioners. Whereas, the respondents are contending that leaving'the lands assigned to the petitioners, the petitioners are encroaching lhe Reserye F orest.

8. In the counters filed by the respondent Nos.2 and 3, nowhere mentioned that the petitioners have encroached the forest land in Compartment No.447 of Reserve Forest, Utnnor, Extention-Il, whereas, it is mentioned that one Nethawath Ramdas along with 50 others entered the forest iand and erected ternporary huts and also mentioned that they have given an undertaking to vacate the premises within four (O4) days from 18.02.2012. But, there is no such \ undertaking given by the petitioners.

9. In view of the same, the respondents are directed not to interfere with the possession of the property of the petitioners, without following due process of law. If the petiticners have encroached the Reserve Forest land, the respondent-authorities are at liberty to take'appropriate action as per law.

10. In view of the above finding, the writ petition is disposed of, directing the respondents not to interfere with the possession of the property of the petitioners. The above orders shall not preclude the respondents to take any steps, if the petitioners have encroached the Reserve Forest land. There shall be no order as to costs. As sequel to it, Misc.ellaneous Petit.ions, if any pending, shall stand closed. //TRUE COPY, orr,rrtoo,{'.t'*'loIti[EF A T ECTION OFFIGER \i The Revenue Divisional Officer' Utnoor Adilabad District The Mandal Revenue Officer' Utnoor Mandal Utnoor' Adilabad District' The Divisional Forest Officer' Adilabad Adilabad District' One CC to SRI S SRINIVASA SHARIvIA Advocate [OPUCI TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana iouTl Two CCs to GP for Forests' High Court for the State of Telangana at Hyderabad. [OUT] Two CD CoPies To,

2. 4 5 6 7 KKS GJP ( l HIGH COURT DATED:2210112025 ORDER WP.No.11754 of 2012 ., ".. .r/e. e J o 02 ?025 o 'l r(J-) -.,,-..-.-.'.- // /A /0 /4 ,11 DTSPOSING OF THE WRIT PETITION WITHOUT COSTS