High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the 4th respondent in interfering with the cultivation activities of the 2nd petitioner in Ac.5-00 Gts., situated at Gutt No.70, Compartment No.266, Beat of Narayanaraopeta and palvancha, Sangam oddugudem Village, Nagaram, Palvancha Mandal, Bhadradri Kothagudem District without following due process of law as highly illegal, illegal, arbitrary and violative of principles of natural justice, apart from violative of Article 300-4 of the constitution of lndia, consequently direct the 4th respondent not to interfere with the cuttivation activities of the 2nd petitioner and arow the 2nd petitioner to harvest the eucaryptus trees standing in the Agricurturar Land in Ac.5-00 Gts., situated at Gutt No.70, Compartment No.266, Beat of Narayanaraopeta and Palvancha, Sangam oddugudem Village, Nagaram, palvancha Mandal, Bhadradri Kothagudem District. lA NO: 1 oF 202s Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High cou( may be preased to direct the 4th respondent not to interfere with the curtivation activities of the 2nd petitioner and a'ow the 2nd petitioner to harvest the eucaryptus trees standing in the Agricultural Land in Ac.5_00 Gts., situated at Gut No.70, Compartment No'266' Beat of Narayanaraopeta and parvancha, sangam oddugudem Virage, Nagaram, Palvancha Mandal, Bhadradri Kothagudem District pending disposal of the writ petition. Counsel for the petitioner: SRI pAlDlpALLt CHAITHANyA Counsel for the Respondents: AGp FOR FORESTS The Court made the following: ORDER I i I , HON'BLE MRS JUSTICE SUREPALLI NANDA ORD ER: WRIT PETITION No.116 OF ZOZ5 Heard Sri paidipalti Chaithanya, learned counsel appearing on behalf of the petitioners and learned Assistant Government pleader for Forests appearing on behalf of the respondents..

2. The petitioners approached the Court seeking prayer as under: ".......to issue a writ order or direction more particularly one in the nature of writ Mandamus declaring the action of the 4th respondent in interfering with the cultivation activities of the 2'd petitioner in Ac. 5-00 Gts situated at Gutt No.70, Compartment No.266, Beat of Narayanaraopeta and palvancha, Sangam oddugudem Village, Nagaram, palvancha Mandal, Bhadradri Kothagudem District without following due process of law as highly illegal, illegal, arbitrary and violative of principles of natural justice apart from violative of Article 300-4 of the Constitution of India consequently direct the 4th respondent not to interfere with the cultivation activities of the 2nd petitioner and allow the 2nd petitioner to harvest the eucalyptus trees standing in the Agricultural Land in Ac. 5-00 Gts situated at Gutt No. 70 Compartment No. 266, Beat of Narayanaraopeta and palvancha Sangam 2 { oddugudem Village, Nagaram, palvancha Bhadradri Kothagudem District and pass....,, Mandal, 3 It is specific case of the petitioners that the 4th respondent is interfering with the curtivation activities of the 2nd petitioner in Ac.5-00 Gts situated at Gutt No.70, Compartment No.266, Beat of Narayanaraopeta and Palvancha, Sangam oddugudem Village, Nagaram, palvancha Mandal, Bhadradri Kothagudem District and the said actibn of the 4th respondent is highly illegal, arbitrary and violative of principles of natural justice. Aggrieved by the said action of the respondents, petitioners fired the present writ petition.

4. Learned counsel appearing on behalf of the petitioners submits that notice, dated 16.05.2017 had been issued by the respondent No.4 to the 1st petitioner under Section 2O(iXc)(ii) and (vii) of the Forest Act, 1967, but however after issuance of the said notice, no action had been initiated by the Forest Authorities in pursuance of the same nor the petitioner responded to the said notice as on date. Learned counsel appearing on behalf of the petitioners contends that the 4rh respondent is interfering with the cultivation activities of the / // 3 2nd petitioner and is not permitting the 2nd petitioner to harvest the eucalyptus trees standing in the agricultural land in Ac.5-00 guntas, situated at Gutt No.70, Compartment No.266, Beat of Narayanaraopeta and palvancha, Sangam Oddugudem Village, Nagaram, palavancha Mandal, Bhadradri Kothagudem.

5. Learned counsel appearing on behalf of the petitioners further submits that the petitioners had been in possession bf the subject land since decades together and had been cultivating the subject lands and respondents may permit the 2nd petitioner to harvest the eucalyptus tees standing in the subject area and the respondents cannot interfere with petitioners' cultivation. It is further the specific case of the petitioners that the petitioners had made an individual claim for individual forest rights and the same had been accepted and entered in claim register 26/20/lO/I033 in serial number and entered in page number 33.

6. Learned Assistant Government pleader for Forests appearing on behalf of the respondents submits that the petitioners without responding to the notice issued to the l't \ 4 petitioner in the year 2Ol7 had approached this Court by filing the present Writ petition and therefore, no relief can be granted to the petitioners at this stage, learned Government Pleader for Forests further submits that it is open to the petitioner to make a representation to the 3.d respondent putting-forth the grievance as put_forth in the present Writ Petition and seek appropriate orders from the 3.d respondent herein by duly furnishing all the documents in support of the petitioners, case before the 3.d respondent and the same would be considered by the 3.d respondent in accordance to law within a reasonable period. 7 a T i h a n c s id fa s n tr u s n e t e a e Th s o s d o n ADDearinq on behalf of the Detitio learned n G v beha tf ofthe res DOnden n n PI a e r o e n n T c d o 2 t7i s e 4th n n oth ti to n erS cti I I ) and (vii), which admi dlv indi ted that, t ner een rn 13 .o5.20L7. r The Writ Petition is disposed of directing the petitioners to approach the 3'd respondent herein by way of detailed representation putting-forth the petitioners' grievance as put-forth in the present Vllrit Petition with all the required documents an support of petitioners'case within a period of one (O1) week from the date of receipt of copy of the order, upon receipt of the representation to be submitted by the petitioners, the respondent No.1 shall consider the said representation duly examining all the required documents in support of petationers, case and pass appropriate orders within a period of two (O2) weeks thereafter, in accordance to law in conformity with principles of natural justice by giving a reasonable opportunaty of personal hearing to the petitioners and decide the subject issue and communicate the decision 6 to the petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. sd/. P. GOWRI SHANKAR ASS GISTRAR s To, //TRUE COPYII De p a rtm e n I se.-,.;,; ill T rdF"?X[3 ! ?31]j ; r!?lists,,us 1 The principal Secrete c ie n ce a nd re ch n o ro s y ' IB'.'#igif,*t"j.:frffi?g#jflI.?Jssts, Aranva Bhavan, opp RBr and 3. The District Forest Officer (DFO), Bhadradri Kothagudem District. 4. TherForest Range Officer (FRO), palvanncha Range, Bhadradri Kothagudem OFFICER t 6 7 BSR MP One CC to SRt pAtDtpALLt Iy&:"3:J"rd?P ror FoRESrs, Hish court ror the state or reransana at Two CD Copies CHAITHANyA, Advocate tOpUCl @ HIGH COURT DATED: 1310212025 ORDER WP.No.116 of 2025 ".-::-. 1t Y ) i)a 25t:ii 2125 i'l 7 C DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 9q