High Court · 2025

Counsel for the Petitioner: Smt. R. MADHAVI LATHA Ccunsel for the Respondent Nos. 1&2: GP FOR FORESTS Counsel for the Respondent Nos.3to5: AGP FOR REVENUE The CQurt made the following: ORDER o HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.34397 of 2O23 ORD ER: Heard Smt. R. Madhavi Latha, tearned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.1 and 2 and tearned Asst' Government Pleader for Revenue appearing on behalf of respondent Nos.3 to 5. 2 The petitioners approached the Court seeking prayer as under: "...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the respondent No.2 interfering with petitioners' agricultural land obstructing petitioners from doing agriculture in the agricultural land bearing in Sy' Nos 72 and 75 admeasuring an extent of Ac.4.00 gts to each petitioner total land to an extent of Ac.20-00 gts situated at Sivangalapalli Vrllage Konaraopet t'landal Rajanna Sircilla District which is illegal arbitrary unjust unconstitutional violation of principles of natural justice and offend under Articles 14 and 300-4 of direct the the Constitution petitioners' respondent No.2 agricultural land from doing agriculture in the agricultural of India and consequentlY not to interfere with the 2 r. SN, J wP _34397 ]023 land bearing in Sy. Nos.72 and 75 admeasuring an extent of Ac.4.00 gts to each petitioner total land to an extent of Ac.20-00 gts situated at Sivangalapalli Village Konaraopet Mandal, Rajanna Sircilla District and to pass...,,. P RU ED TH ER ECORD

3. The case of the petitioners, in brief, is that the petitioners had been doing agriculture in land admeasuring to an extent of Ac.20.00 guntas in Sy.Nos. 72 and 75 situated at Sivangalapalli Village, Konaraopet Mandal, Rajanna Sircilla District. The petitioners have submitted representation to the respondent Nos.4 and 2 on 21.08,202t and Z3.OB.2O2I- respectively to restrain the respondent Nos.4 and 2 not to interfere with the agricultural operations of the petitioners and not dispossess the petitioners from the said subject land. But no steps have been taken on the said representations by the respondents till date. Aggrieved by the same, the petitioners approached the Court by flling the present writ petition.

4. The learned Assistant Government pleader for Forests, who places reliance on the counter aFfidavit filed on behalf of respondent Nos.1 and 2 in particular para Nos. 3 and 4, su.bmits that respondent No.2 is not trying to dispossess the petitioners -tt:- '. -'-], o 3 SN. J wP i4397-2023 from the petitioners subject land as alleged by the petitioners herein. Para Nos'3 and 4 of the counter affidavit filed on behalf of respondent Nos'1 and 2 are extracted hereunder: I resp ectfully submit that the land claimed by the '3. petitioners in SY .Nos.72 and 75 of Sivangalapalli Village of Konraopeta Man dal, Rajanna Sircilla District is a notified Reserve forest area, notified under Section 4 of the Telangana Forest Act, 1967 dated :.2'12jrg7] vide Gazette No.2363, as Sircilla Extension (Shlvangalapalli Reserve Forest), consisting of Ac.250.00 guntas and no pattas were I resoectfullv ranted at the time of the notification' I att e e D s b itt at th e r e n f r h as such it is denied' I respectfully submit that the contention of the 4. petitioners it that they have pattas in Sy'Nos' 72 and 75 of Shivangalapalli Village and are showing their land in notified Reserve Forest Block area of Sircilla Extension (Shivangala palli) Reserve Forest area is clearly demarcated as per tne Notification' since the date of notification"' 5 Learned Assistant Government Pleader for Forests submits that the writ Petition could be disPosed of directing the 2nd respondent to consider the representation of the petitioners dated 23.08.2021 within a reasonable period duly calling upon 4 o SN, J wP 34397 2023 the petitioner to submit all the documents in support of the petitioners'case evidencing the possession of the subject land for total Acs.152.00 guntas in Sy.Nos.72/UL, 75/3, t2/l/3 of Sivalingalapalli Village, Konaraopeta Mandal and also the request of the petitioners to permit the petitioners to cultivate the subject lands since it is the specific case of the petitioners that the petitioners have pattadar pass books issued in favour of the petitioners by the revenue authorities concerned. 6. Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the learned Assistant Government Pleader for Forests.

7. Takin into consid ratio n (a) The facts and circumstances of the case, (b) The contents of the representation of the petitioners dated 23.O8.2O2L, (c ) The averments made in the counter affidavit filed on behalf of respondent Nos.1 and 2 in particular para Nos.3 and 4 (referred to and extracted above), The writ petition is disposed of directing the 2nd respondent herein to consider the request of the I petitioners as put forth by the petitioners representation 7 (- l SN, J wP 34391 2023 dated 23,O8.2021 addressed to the 2"d respondent herein seeking providing an opportunity to cultivate the subject land situated in Sivalingalapalli Village, Konaraopeta Mandal in Sy.Nos.72/l/L, 75/3, L2/tl3 by duly calling for all the required documents evidencing the fact of possession of the subject lands by the petitioners and pass appropriate orders on the representation of the petitioners dated 23.08.2021 in accordance to law, in conformity with principles of natural justice by giving an opportunity of personal hearing to the petitioner within three (3) weeks from the date of receipt of a copy of the order and duly communicate the decision to the petitioners within two (2) weeks thereafter. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// ASS \ sD/.T, TIRU MALA DE TREGISTRAR E TION OFFICER The Principal Secretary to Government' Forest Department' Secretariat' +;36[il: ;;:se orricer' Rajanna Sircilla District' Karimnagal' Telansana lla Qistriat. voLate [O PUGI cilla Qistrict at anna SirQilla District na )l THA, ,High Csurt lpr thg State of Telangana at High Court fpr the State of Telangana' at FORESTS 4 I To,

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3. 4 5 o 7 B I .--\.-{/ I I J HIGH COURT DATED:1310212025 ORDER WP.No.34397 ot 2023 rt{E STAi€ 2 4 r{Ai 2U6 t 2 i, t r.',C DISPOSING OF THE WRIT PETITION WITHOUT CCISTS {+ tffil"; \