The High Court · 2025

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of wrrt of Mandamus decraring the action of the respondents in harassing the petitioners to evrct the petitioners from their respective rands in survey No. gg4/1 of Dammapeta revenue village, Dammapeta Mandar, Khammam District, as illegal, arbitrary and in violation of principles of Naturaljustice l.A. NO: 1 oF 2012(WPMP . NO: 15649 OF 20121 Petition u nder Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents not to interfere with the peacefur possession of the petitioners in respect of their rands and not to evict the petitioners from their rands :--E in Survey No. 884/1 of Dammapeta revenue viflacr, Dammapeta Mandar, Khammam Distr ict, pending drsposal of the main writ pet tron Counsel for the petitioner: SRI PENUBALLI RAMESH E ABU Counsel for Rer;pondent Nos. 1 & 2; AGp FOR REVENUE Counsel for Respcndent No. 3: AGp FOR FORESTS The Court made the following ORDER It -E=7 I I t I i i i 1 i I I I i I I : I i THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.12477 of 2OLZ ORDER: Ileard learned Counsel appearing for the petitioners :urd learned Assistant Government Pleader for Revenue and lcarned Assistant Government Pleader for Forests appearing for the respondents and perused the entire matcrial on record

2. Learned Counsel for the petitioners submits that this u,rit petition is filed by the petitioners questioning Lhe action of the respondents in harassing the petitioners to cvict the petitioners from their rcspective lands in S1..No.884/ 1 of Dammapeta Revenue Village, Dammapeta Mandal, Khammam District. 3, Learned Counsel for the petitioners further submits that while admitting, this Court granted interim orders in W.P.M.P.No. 15649 of 2Ot2 in W.P.No.L2477 of 2Ol2 on '26.04.2012 directing the respondents with a direction of interim stay of dispossession except 1n accordance with Y.. E \ 2 w.o.r". nnrz i{irz "1 1aw. In spite ol lapse ol morc than .3 vcars. thc: responden -s clicl not choosc to file illtv ( ounter/vacatc pelition in this nrlrtter ror dcnying thc averr rer-its rnade i, the *.rit affide.r.it a,cl rcquested to direct t:,: rt:s1:ondents not to int:rferc ri,ith t1-ie possession of t1r<: ltetitioners, without folJorring d'ue process of lar,i,.

4. I.eanrccl Assistant Government plcad:r. fitr. Revenue submits th at thc respol-rdcnts u.ill follon. i [-re pr.ocedur.c contemplat()d unclcr ial.r, before interferi rg rvith the possession ol thc pctitioncrs in the subjec, 1tro1:erty and pass appropriate orders.

5. Lcarr ed Assistant Gorrernment pleacl: - lor Forests has producr:d thc rvritten instructions issueC by the Forest Divisional C,fficer. paloncha in Rc.No. l106 12,2Slp5, dated 06.O9.2025 and submits that the petit r:ners herein claiming tht' 1ar-id in Sy.No.Bg4/ 1 of Damm: Ireta Revenue Village iind Var-rdal :rs they are holding assigL.ment pattas. In this context it is submitted that an area o\,o, a, extent of , I 3 SI<,J W.P.No.12477 ol2072 Ac.567-08 guntas from Sy.No.884/l was included in two (2) notihed reserve Forests namely, (1) Jamedarbanjar North RF and (2) Durgamgattu RF and there are encroachments clubbed with RoFR 'lands in the Jamedarbanjar North Reserve Forest block as such the boundaries of the said Reserve Forest are disturbed which need to be demarcated on the ground with reference to the Gazette Notification and Village map by conducting a Joint Survey by Forest, Revenue and S & LR Department officials in order to assess the exact portion of the land claimed by the petitioners for which the alleged assignments were made by the Revenue olficials in Sy.No.BB4/ 1 and requested to pass appropriate orders

6. After hearing both sides and perusing the material on rccord, this Court is of the considered view that there is a dispute between the petitioners and Forest Department with regard to boundaries of Sy.No.B84/l of Dammapeta Revenue Viilage and Mandal clubbed with RoFR lands in the Jamedarbanjar North Reserve Forest block and as per I, : i I '-IT\: -Gi!"6 r. .' ,,s{lc &*:; 4 sr(,J W.P.,'t..72477 of 2072 the submirssions made by learned Assista- t Government Pleader for Forests, the Rerzenue Authcr ties have to conduct jo:nt survey in pre sence of the pe| r ioners as urell as the Fo;'est olficials and lhereafter, if t ire pctitioners encroach tire lorest 1:rnd, thc forest authoriti(t.i are at liberty to take apltropriate steps lor evicting the pr titi<;ners lrom the reserve,l forest land.

7. In vir:r,r, of the above circumstances, t1t:: writ petition is disposerl of directing the respondent .\uthorities to conduct joint survey in Sy.No.BB4/ 1 c1 Dammapeta Revenue Village and Mandal in presence of r he petitioners as well as the Forest officials within eight fi) u,ceks from the date of receipt of copy ol this order. Till c ompleting the said survel', the respondents are directed rr )t to interfere with the ltossession of the petitioners i.r the subject property and communicate the survey r.:port to the petitioners and if any grievance with regard to the survey report, either side can avail the remedies ar ailable under las,. There shal1 be no order as to costs. .I l !, " ;x:E{ sK,J W.P"N,.72477 oJ 2012 I As a sequel, the miscellaneous petitions pending' if any, shall stand closeci //TRUE COPY// SD/-A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR /L\-/ SECTION OFFICER To, 1 2 3 4 5 6 7 The District Collector, Khammam District, Khammam. The Tahsildar,, Dammapeta [\4andai, Khammam Distrrct. The Divisional Forest Officer,, Khammam, Khammam District. One CC to Sri Penuballi Ramesh Babu Advocate [OPUC] Two CCs to GP For Revenue ,High Court for the State of Telangana. [OUT] Two CCs to GP For Home,High Court for the State of Telangana. [OUT] Two CD Copies MB BS Cw I I ! i I i .i t * HrcH co{nr DAT'ED: 1510912025 ORDER WP.NI:,.12411 of 2012 \P2 \ 18 B[,T 2U25 ). I \ ,{),!son -=--=_ l,:r,e DISPOSING OF THE V\IRIT PETITION WITI-{OUT COSTS ,r."C'A '' fr_ \{GFE