High Court · 2025
Case Details
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 order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents No.4 and 5 authorities in threatening to dispossess, interfering and disturbing the agricultural activities of the petitioner in her agricultural land admeasuring Ac. '1 .01 gts in Sy. No. 5713/1, situated at Mallapur Village, Dasturabad Mandal, Nirmal District, is nothing but arbitrary, illegal, null and void and violative of Principles of Natural Justice and also violative of Articles 14, 21 and 300-4 of the Constitution of lndia. Consequenfly direct the respondent Nos. 4 and 5 authorrties not to interfere and not to disturb in any manner while the petitioner and her family members are doing agricultural activities in her agricultural land shown above. |.A.NO:1 OF 2024 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 respondent No.s. 4 and 5 authorities not to dispossess thereby not to prevent in any manner the petitioner in doing agricultural works ire her land i.e., Ac. 1.01 gts in Sy. No. 5713/1, situated at Mallapur Village, Dasturabad Mandal, Nirmal District. Counsel for the Fetitioner : SRI K.VENUMADHAV Counsel forthe Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : GP FOR FORES'f The Court made the following ORDER o THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY $IRIT PEIITION No.31299 of 2o24 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.4 and 5 in threatening to dispossess, interfering and disturbing the agricultural activities of the petitioner in her agricultural land admeasuring Ac. 1.01 gts., in Sy.No.57/3/ l, situated at Mallapur Viilage, Dasturabad Mandal, Nirmal District, as illegal, arbitrary and for other appropriate reliefs.
2. It is stated that the petitioner is the assignee of the agricultural land admeasuring Ac.l.01 gts., in Sy.No.57/3/1, situated at Mallapur Village, Dasturabad Mandal, Nirmal District. It is lurther stated that the said assignment was granted in the year 2Ol3 and consequent thereto, the revenue authorities have recorded the name of the petitioner in the revenue records and issued pattadar passbook in her favour uide Passbook No.T1403OO 10272, KhaLa No.419 as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. The case of the petitioner is that her land is nearer to Kawal Reserve Forest Block and the respondent authorities, claiming that the subject land is forming of the l \ i 2 cvBR, J wp_3L299_2024 Reserved Forest Land in Sy.No.l4O, are frequent.ly interfering with her peaceful possession and causing incor:Lveniencr: to the enjoyment of the said property. The grievance of the petitioner is that even after approaching the revenue authorities to instruct the forest ofhcials not to interfere with her propcrty, thc revenue authorities are not taking any steps. Hence, the v,rit petition.
3. Learned Assistant Government Pleader for Forest appearing for respondent Nos.4 and 5, has placed on record the written instructions issued by respondent No.5, v.rherein, it is s1atefl that the land admeasuring Ac.1.O1 gts., in Sy.No.57/3/ I , is not pertaining to revenue patta land and the said lhnd pertains to Sy.No. 140 and it comes under Kawal Reserve Forest Block, which necessitated the forest authorities to initiate the action.
4. Considered the submissions of [he learne<] counsel for the respective parties and with their consent this u,rit petition 1S disposed o[a'. rhe admission stage. 5, In view of the above, since the grievance ol the petitioner is that the respondents are frequently interfering with her land, this Court is of thc oprnion that ends of justice would be met if the respondents zrre directed not to interfere with the possession of the petitioner over the subject land in any manner and the peritioner is ,7 o / CVBR, J wg_31299-2024 directed not to encroach upon the land forming part of Sy.No.140, which comes under Kawal Reserve Forest Block. It is further directed that i[ the petitioners are making any efforts to encroach upon the Reserve Forest Lands in any manner, the respondents are directed to follow the due process of law.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REGISTRAR ECTION OFFICER To 1 2 3 4 5 6 7 B 9 SA B ThePrincipalsecretary,RevenueDepartment,secretariatBuildings'Stateof Telangana at HYderabad fne O"otrict ColLctor, Nirmal District, Nirmal Proper and District' ii.i" i"r,.iiorr, Dasturabad Mandat, Dasturabad proper and Mandal, Nirmal District. The District Forest Officer, Nirmal, Nirmal District' ih" Foiltiarnge offlcer' Kaden Range Kadem Proper and Mandal' Nirmal District. i;; a-c. to GP FoR FoREST, High court for the state of relangana at Hyderabad. [OUTI 'cp rbn REVENUE, High Court for the State of Telangana at irir" rc. to Hyderabad. [OUT] o,n; rc to sRt x.vruuMADHAV, Advocate toPucl Two CD CoPies o lE srr I 1 c !. ) <2 'l 7 irB ?cF r, rlY. 5!.:,.. --.-:_*-l-' ^ q i a HIGH COURT DATED:0610112025 ORDER WP.No.31299 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. W €
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 order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents No.4 and 5 authorities in threatening to dispossess, interfering and disturbing the agricultural activities of the petitioner in her agricultural land admeasuring Ac. '1 .01 gts in Sy. No. 5713/1, situated at Mallapur Village, Dasturabad Mandal, Nirmal District, is nothing but arbitrary, illegal, null and void and violative of Principles of Natural Justice and also violative of Articles 14, 21 and 300-4 of the Constitution of lndia. Consequenfly direct the respondent Nos. 4 and 5 authorrties not to interfere and not to disturb in any manner while the petitioner and her family members are doing agricultural activities in her agricultural land shown above. |.A.NO:1 OF 2024 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 respondent No.s. 4 and 5 authorities not to dispossess thereby not to prevent in any manner the petitioner in doing agricultural works ire her land i.e., Ac. 1.01 gts in Sy. No. 5713/1, situated at Mallapur Village, Dasturabad Mandal, Nirmal District. Counsel for the Fetitioner : SRI K.VENUMADHAV Counsel forthe Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : GP FOR FORES'f The Court made the following ORDER o THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY $IRIT PEIITION No.31299 of 2o24 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.4 and 5 in threatening to dispossess, interfering and disturbing the agricultural activities of the petitioner in her agricultural land admeasuring Ac. 1.01 gts., in Sy.No.57/3/ l, situated at Mallapur Viilage, Dasturabad Mandal, Nirmal District, as illegal, arbitrary and for other appropriate reliefs.
2. It is stated that the petitioner is the assignee of the agricultural land admeasuring Ac.l.01 gts., in Sy.No.57/3/1, situated at Mallapur Village, Dasturabad Mandal, Nirmal District. It is lurther stated that the said assignment was granted in the year 2Ol3 and consequent thereto, the revenue authorities have recorded the name of the petitioner in the revenue records and issued pattadar passbook in her favour uide Passbook No.T1403OO 10272, KhaLa No.419 as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. The case of the petitioner is that her land is nearer to Kawal Reserve Forest Block and the respondent authorities, claiming that the subject land is forming of the l \ i 2 cvBR, J wp_3L299_2024 Reserved Forest Land in Sy.No.l4O, are frequent.ly interfering with her peaceful possession and causing incor:Lveniencr: to the enjoyment of the said property. The grievance of the petitioner is that even after approaching the revenue authorities to instruct the forest ofhcials not to interfere with her propcrty, thc revenue authorities are not taking any steps. Hence, the v,rit petition.
3. Learned Assistant Government Pleader for Forest appearing for respondent Nos.4 and 5, has placed on record the written instructions issued by respondent No.5, v.rherein, it is s1atefl that the land admeasuring Ac.1.O1 gts., in Sy.No.57/3/ I , is not pertaining to revenue patta land and the said lhnd pertains to Sy.No. 140 and it comes under Kawal Reserve Forest Block, which necessitated the forest authorities to initiate the action.
4. Considered the submissions of [he learne<] counsel for the respective parties and with their consent this u,rit petition 1S disposed o[a'. rhe admission stage. 5, In view of the above, since the grievance ol the petitioner is that the respondents are frequently interfering with her land, this Court is of thc oprnion that ends of justice would be met if the respondents zrre directed not to interfere with the possession of the petitioner over the subject land in any manner and the peritioner is ,7 o / CVBR, J wg_31299-2024 directed not to encroach upon the land forming part of Sy.No.140, which comes under Kawal Reserve Forest Block. It is further directed that i[ the petitioners are making any efforts to encroach upon the Reserve Forest Lands in any manner, the respondents are directed to follow the due process of law.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REGISTRAR ECTION OFFICER To 1 2 3 4 5 6 7 B 9 SA B ThePrincipalsecretary,RevenueDepartment,secretariatBuildings'Stateof Telangana at HYderabad fne O"otrict ColLctor, Nirmal District, Nirmal Proper and District' ii.i" i"r,.iiorr, Dasturabad Mandat, Dasturabad proper and Mandal, Nirmal District. The District Forest Officer, Nirmal, Nirmal District' ih" Foiltiarnge offlcer' Kaden Range Kadem Proper and Mandal' Nirmal District. i;; a-c. to GP FoR FoREST, High court for the state of relangana at Hyderabad. [OUTI 'cp rbn REVENUE, High Court for the State of Telangana at irir" rc. to Hyderabad. [OUT] o,n; rc to sRt x.vruuMADHAV, Advocate toPucl Two CD CoPies o lE srr I 1 c !. ) <2 'l 7 irB ?cF r, rlY. 5!.:,.. --.-:_*-l-' ^ q i a HIGH COURT DATED:0610112025 ORDER WP.No.31299 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. W €