High Court · 2025

.,Heard Sri Nuthalapati Krishna Murthy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Revenue, appearing on behalf of respondent Nos.1 and 2 and the tearned Government Pleader for Forest, appearing on behalf of respondent Nos.3 and 4.

2. The oetitioner aDDroac ed the Court seektnq Draver as under: "...to issue a writ or direction under Article 226 of the Constitution of India, particularly one in the nature of writ of "MANDAMUS" declaring the action of the respondents in interfering with possession and enjoyment of the petitioner's lands in S.No.105/282 in extent Ac.2-00 and S.No.105/284 in an extant of Ac.1- 15 of Dudekulapalli Village, Bhupalapalli Mandal, Warangal District as arbitrary, unjust and illegal besides the violation of Article 300-A of the Constitution of India and direct the respondents not to interfere with petitioners possession and enjoyment of the land in S.No.105/282 in an extent of Ac.2-00 and S.No.105/284 in an extent of Ac.1-15 Guntas of Dudekulapalli Village, d;3 ; z SN, J \ P 30t77 2015 Bhupalaplri Mandal, Warangal District. after calling for the record s...".

3. The cas3 of the petitioner, in brief, is that the l)etitioner was assignec Ac.5.15 guntas of land in Sy.Nos.105/189, lO5/19t, 10>/282 and l05l294 of Dudekulapalli Village, Bhupalapalli tvandal, Warangal District by the Governmont in the year 2010 an,i was issued Pattadar Pass Book. Howevr:r, in the third week of August, 2015, the Forest Beat Officer claimed that

3.15 acres of the petitioner's assigned land is a Reserve Forest and prohibitecl the petitioner from cultivating it. Despit€l showing the petitioner'r; pattadar passbook, which was issuerJ by the respondent lrlo.2, the respondent authorities without ccnsidering the same and rrvithout following due process of law, dug a trench and threatenod the petitioner not to enter into the s;aid land' Aggrieved thereby the petitioner approached the Courl: by filing the present ,^/rit Petition. PERUSED THE RECORD

4. Learned Assistant Government Pleader for Fore:;t placing reliance on tl- e averments made in the counter affidavit filed on behalf of the respondent No.4, submits that the respondents are ., SN, J wP 30177 2015 not interfering with the petitioner's subject land located in Sy.No.105 and its sub-divisions and that, the petitioner under the guise of Patta in Sy.No.1O5/284, is encroaching into Compartment No.183 of South Singaram Block.

5. This court, on 16.09.2015, in W.P.M.P.No.39037 0f 2O15 in the Dresent writ oetition, oassed interim orders in favour of the Detitioner observinq as under: "It is represented by the learned Counsel for the petitioner that the petitioner is the owner of land in Survey No.105/282 in an extent of Acs.2.00 and Survey No.105/284 in an extent of Ac.1.15 guntas of Dudekulapalli Village, Bhupalapalli Mandal in Warangal District, and the petitioner flled proof in support of the title. In the circumstances, the respondents shall not interfere with the subject land, except following due process of law. "

6. Learned Assistant Government Pleader for Forest submits that the writ petition could be disposed of direetinE the respondents to follow due process of law with the clear stipulation that appropriate action would be initiated against the petitioner in accordance to law, in the event the petitioner encroached into Compartment No.183 of South Singaram Block. 4 SN, J \\'P 30177 2015 7, A bare lerusal of the averments made in the paragraph No.7 of the counter affidavit indicates that in order to resolve the dispute over the subject land the respondent No.4-Forest Range Officer, Bhupi:lpally vide Rc.No.355/BN/2015, dated 14.10.2015, had requesterJ the respondent No.2- Tahsildar, Bhupalpally to conduct joint inspection of the land and demarcate the subject Reserve For,e:;t Boundary line. In response to the said letter, the M.R.O, httd addressed a letter to the Assistant Director, SLR asking surrrelr to be conducted at District level, as the lands are situated in the: boundary of Warangal and Karimnagar District.

8.7 akino into consideration a) Tlte submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assastant Gr)vernment Pleader for Forest appearing on l behalf of the respondent Nos.3 and 4, b) Tlre interam orders of this Court dated 15.09.2015 lrassed in W.P.M.P.No.39O37 of 2015 (referred to and extracted above), c) The averments made at paragraph Nos.7 and 8 of the counl:er affidavit filed on behalf of the respondent No.4, I I 5 SN, J wP 30t77 2015 d) Bringing on record the averments made an the counter affidavit that the respondents are not inter-fering with petitaoner's peaceful possession in Sy.No.1O5 and its sub-dlvisions and, The wrat petition is disposed of directing the respondents Nos.2 and 4 to initiate appropriate steps and implement the instructions issued vide letter RC.No.355/BN/2O15 dated 14.10.2015 of the Forest Range Officer, Bhupalpally to the Mandal Revenue Officer, Bhupalpally to conduct joint survey with Revenue and Forest officials with respect to Sy.No.lO5 of Dudekulapaili Village, Bhupalapalli Mandal, Warangal District within a period of four(4) weeks from the date of receipt of a copy of this order, in the event, survey had not been conducted as on date. It is however observed that the petataoner shall not encroach into the Compartment No.183 of South Singaram Block and in the event petitioner encroaches into the said subject forest land, the .espondents are directed to follow due process of law and anitiate the required action against the petitioner as per Law. However, there shall be no order as to costs 6 o SN, J w, 30177 2015 The misr:ellaneous applications, if any pending, shall stand closed. To, SD,'-T. JAYASREE ./ REGISTRAR ASSI //TRUE COPY// ON OFFICER

1. Tahasildar, Bhupalapalli Mandal, Bhupalapalli, Warangal Distri:t, ' n3ffi,,:fii:?J ;, [3iB]1,?,El,rtme 3. One CC to Sri Nuthalapati Krishna lVlurthy, Advocate tOpUCI 4. Two CCs to 'i;p for Forests, High Court for the State of Telangana, at nt, North Range, Bh u pa ta pa ili, Bhuparapail i Hyderabad [OUT] 13P for Revenue, High Court for the State of Te,angana, af

5. Two CC to -fl're HyderapadIOLtT] 6. Two CD Copier; b. 3230 rJ BS I t I I I I I :- lHt Sla 14: Y ^, 5 ,tt .\ 2 6 flAfl 2025 'tC: -t' 1) HIGH COURT DATED:03102,t2025 ORDER WP.No.30177 ot 2015 DISPOSING (f,F THE WRIT PETITION WITHOUT C0STS /o /t /t ,