The High Court · 2025

3- Madavi Srinu s/oDasaru Aged 45 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem Dist

4. Madakam Pedda jogaiah s/o Deva, Agecl 31 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem Dist

5. Madakam Deva s/o Mangulu, Aged 50 years, Occ: Agriculture, R/o: Condigudem hamlet of Kothuru village Aswapuram Mandal, Bhadradri Kothagudem Dist

6. Madamam Ganapathi s/o Ramesh, Aged 37 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem Dist

7. Sode Dinesh s/o Ungaiah, Aged 40 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru vil1age, t !' tI 'r!lr i .t t, i .f._€r':: ':{!i t Aswapuram Mandal, Bhadradri KotI-.',aEgdem Dist

8. Soda ]ogaiah s/o Sammaiah @ Charr,rr-raiah, Aged 34 years, Occ: Agriculture, R1o: Gondigudem hamlet of Kothunr -t,illage, Aswapuram Mandal, Bhadradri Kothzr5;udem Dist ( I

9. Madavi Lakshmaiah s/o Sunny @Ch:Lrnu, Aged 33 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothunr village, Aswapuram Mandal, Bhadradri Kothap;udem Dist

10. Madavi Naresh s/o Srinu Aged 31 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothunr ,;illage, Aswapuram Mandal, Bhadradri Kottrir5gdern Dist

11. Madavi-Bhadru s/o Srinu, Aged 30 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothunr r illage, Aswapuram Mandal, Bhadradri Koth;: iludem Dist 1r. Madavi logaiah s/o Srinu, Agecl 24 years, Occ: Agriculture, I{/ o: Gondigudem hamlet of Kothuur r illage, Aswapuram Mardal, Bhadradri Koth:,1;,udem Dist.

13. Madi Pedda I-axrni @ Laxmi d/o Iral; iah w/o Suraiall Aged 52 years, Occ: Agrlrulture, R/o: Gondigudem hamlet o{ Kothuru r illage, Aswapuram Mandal, Bhadradri Kothrlydem Dist

14. Kattam Gangaiah s/o Vungaiah Aged 47 years, Occ: Agriculturc, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kotl-r,r1;udem Dist.

15. Sode Pandu s/o Ungaiah, Aged 36 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, BhadradriKothzLg udem Dist. .-5

16. Madavi Laxmaiah s/o Kamaiah, Aged 40 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, AsWapuram Mandal, Bhadradri Kothagudem Dist. 17 .Sode Soni d/o MadaviBhimaiah w/o Sode Masa, Aged 30 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem Dist.

18. Madavi Lakshmaiah s/o Saomaiah Aged 47 years, Occ: A'griculture, R/o: Gondigudem hamlet of Kothuru village Aswapuram Mandal, Bhadradri Kothagudem Dist

1.9. Sode Pallamma d/o Madavilaxmaiah w/o SodeBhimaialr"Aged 37 years, Occ: Agriculture, Rr/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem Dist.

20. Madkam Rama Devi d/o MadaviChingaiah w/o MadkamChukkaiah, Aged 35 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru viilage, Asrvapuram Mandal, Bhadratlri Ko thagudem Dis t- 21- Madavi Sitharamu s/o Duvva, Aged 52 years, Occ: Agriculture, R/o: Gondigudem hanrlet of Kothuru viliagc, Aswapuram Mandal, Bhadraclri Kothagudern Dist

22. Madakam Srinu s/o Jogaiah, Aged 37 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothruu village, Aswapuram Mandal, Bhadradri Kothagudem Dist

23. Madavi Ramesh s/o Mangaiah, Aged 40 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem Dist 'li I . I i t t t t I tiE

21. Sode Mukesh s/o Devaiah, Aged 67 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru vrlJ; ge, Aswapuram Mandal, Bhadradri Kothagr- c em Dist.

2.r. Madavi Somaiah s/o MadaviJaggiah @ Jo 3aiah, Aged 32 years, Occ: Agriculture, R/o: Gondigudem hamlet of Kothuru village Aswapuram Mandal, Bhadradri Kothagu Cem Dist. AND ... P etitioners 7 ) 3 4 The State of Telangana, Forest Department, Represented by its Pincipal Secretary, Dr. B.R. Ambedkar Secretaria! Hyderaba,J The State Level Committee, Formed under the Scheduled Tibes and OthcL Traditionnl Forest Dtoellers (Recognition of Forest Rights) Act, 2006 Rtp by its Chnilerson i.e., Chief Secretar.:, Tlre State of Telangana, Dr. B.R. Ambedkar Secr.ctar.iat, Hydcrabrri The Dist-rict Level Committee, ForrneLl under the Scheduled Tribes and rJth:r Trnditional Forest Dwellers (Recognition o;f l"resl lliqh ls) 4ct. 1006. Rcp. by its Chairperson i.e., District Collr::.tor, Bhadradri Ko thagudem District The Sub-Divisional Committee, Formed under the Scheduled Tibes and Otlt,: Traditional Forest Duellers (Recognition of F orest Rights) Act, 2006, Rep. by its Chairperson i.e., Tahsildar, Aswapuram Mandal, Bhadradri Kothagudem District. + The Integrated Tribal Development Authorify, Bhadrachalam, Bhadradri Kothagudem District. Rep. by its Project Officer. ..Respondents Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Gourt may be pleased to issue an appropriate writ, order or direction, one more particularly in the nature of writ of mandamus declaring the inaction on the part of the respondents in not recognizing rights of the petitioners under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act, 2006 in spite of they hailing from the Scheduled Tribes Community and being the traditional foresl dwellers having been in possession of small extents of forest land totaling Ac. 81. 37 Gts. situated at Gondigudem hamlet of Kothuru village, Aswapuram Mandal, Bhadradri Kothagudem, Telangana, since generations even prior to 13.12.2005 on the basis of their claim made to that of the Grama Sabha and even Grama Sabha resolving and recognizing their rights by forwarding the same to the third respondent herein, as illegal, arbitrary unjust apart from being violative of principles of natural justice. |.A.NO:1 OF 2025 I 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 evict the petitioners from their lands situated at Gondigudem hamlet of Kothuru village, Aswapuram lvlandal, Bhadradri Kothagudem District. Counsel for the Petitioners : SRI NANDIGAMA KRISHNA RAO, LEARNED SENIOR COUNSEL REPRESENTING SRI AKHIL ENNAMSETTY Counsel for the Respondents : GP FOR FORESTS The Court made the following ORDER . THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIO N No.24366 OF 2o.25 ORDER: This \[rit Petition is filed declaring the a:ti:n of the respondents in not recognizing the rights of tlre peti:io ners under the provision:; of the Scheduled Tribes and other Traditi lnal Forest Dwellers Rec,:gnition of Forest Rights Act, 2006, insp,te of their hailing from the Scheduied Tribes Community anr:: being the traditional fc,rest dwellers having been in possessi:tt.t of small extents of forest land totaling Ac.81.37 gts situated at t.iondigudem village, haml,:t of Kothuru village, Awapuram Manclar, Bhadradri Kothagudem District, as illegal and arbitrary and for a consequential direction not to evict them without fi- lLowing due process of lav',. Lleard Sri Nandigama Krishna Rao, learned sc;'tiot counsel

2. representing Sri Akhil Ennamsetty, learned cour s:1 for the petitioners and learned Government Pleader for Fores s. appearing for respondents.

3. Learne,l Government Pleader for Forests has submitted written inst;uctions received by him, according 1.o which the petitioners a:e thc Schedule Tribes of Chattisgarh Srr:.tc and have migrated to Telangana and are residing in Gondigtrd:m Reserve Forest, Compartments 186 & 187 after the cut-oi' date i.e., .''

13.72.2005. It is stated that as per the judgment of Hon,ble Supreme court, a person recognized as a Schedured Tribe in one state cannot automatica y claim Schedured rribe status in another State upon migration. It is stated that the claims oI the petitioners for recognition as Scheduled Tribes have already been rejected by Grama Sabha of Gondigudem village and thereafter, SDLC ald DLC, Bhadradri Kothagudem have also rejected their claims ald accordrngly, eviction notices have been issued to the petitioners stating that they will be removed alter following due process of law.

4. Learned Senior Counsel appearing for the petitioners, however, refuted the claim of the respondents that rejection orders were passed and communicated to the petitioners. He further submitted that neither the rejection orders nor notices of eviction have been communicaterl to the petitioners. Therefore, he sought a direction to respondent No.S not to evict the petitioners without following due process of law.

5. In view of the above facts and circumstances, this Court deems it fit and proper to direct respondent No.s to communicate the orders of rejection of the claims of the petitioners alresh and also give them an opportunity of hearing and therealter, arso serve the eviction notices, if not served earlier and thereafter take action in accordance with law. Till final orders are passed, the respondents t i t: J- are directed rrot to interfere with the possession of the l)etitioners. However, it is also made clear that the petitioners, Lrnc,,-r the guise of these orders shall not encroach into the forest land.

6. With the above direction, this Writ Petition is rl.sposed of There shall be no order as to costs. 7 . Miscellemeous appiications, if any, pending irr this writ petition stand closed SD/- At+{tIEC ASSIS'I ,TRUECoPY// \ \'. i\| ,s

1. The Principal Secretary, Forest Department, Dr. B.R,rAmb' / State of Telangana at Hyderabad.

2. The Chairperson i.e., Chief Secretary, State Level Comm t the Scheduled Tribes and Other Traditional Forest Dweller Forest Rights) Act, 2006 The State of Telangana, Dr. B. R. Secretariat, Hyderabad.

3. The Chairperson i.e. District Collector, District Level Com"r under the Scheduled Tribes and Other Traditional Forest t (Recognition of Forest Rights) Act, 2006, Bhadradri Kothar 4. The Chairpr:rson i.e., Tahsildar. Sub-Divisional Committe,: Scheduled Tribes and Other Traditional Forest Dwellers (F Forest Rights) Act, 2006, Aswapuram [t4andal, Bhadradri l, District.

5. The Project Officer, lntegrated Tribal Development Autho-i Bhadradri F.othagudem District.

6. Two CCs tc, GP FOR FORESTS, High Court for the State , I\BDULLA KHAN .P,NT REGISTRAR ;E:CTION OFFICER .}clkar Secretariat. lee, Formed under s; (Recognition of ,\mbedkar )i1tee,, Formed )'r',elle rs ;L dem District. . l:ormed under the :ecognition of .cthagudem t-v,, Bhadrachalam, ,f Telangana at Hyderabad [OUT]

7. One CC to SRI AKHIL ENNAIVSETTY, Advocate [OPUC] 8. Two CD Ccpies a \ To SA GJ HIGH COURT DATED:1910812025 ORDER WP.No.24366 of 2025 ,4,-'" : i) 'ir,')-- il 4 ffP 2il6 I . r:):.r r a-,1,. DISPOS!NG OF THE W.P WITHOUT COSTS. I !{ I ! ,i i 1 {