Petitioner challenged encroachment on land by forest officials via writ petition. Court held title dispute requires civil adjudication and closed writ petition, directing petitioner to initiate civil proceedings.
Writ petition closed; liberty granted to file civil proceedings for title dispute.
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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION NO.10506 of 2009
Between:
Syed Jaleel Ahmed
PETITIONER
AND
1. The Government of Andhra Pradesh, rep. by its Secretary, Forest Department, Secretariat, Hyderabad, and others.
RESPONDENTS
ORDER:
The case of the petitioner is that he is the absolute owner and possessor of the land admeasuring to an extent of Ac.38.08 guntas along with his family members, situated in Sy.No.175(P), 177 and 178 of Yellampet Village, Medchal Mandal, Ranga Reddy District having purchased the same under registered sale deed bearing document No.113 of 1979 dated 8.01.2979, and utilizing the same as form house by fencing the said land. Adjacent to the said land, there is a reserved
forest area in Sy.No.162 of Yllampet village. The petitioner alleges that the 4th respondent along with forest officials resorted to construction of blue colour concrete pillars as boundary of the forest land in Sy.No.162 by encroaching an extent of Ac.1.00 in Sy.No.175, which is adjacent to the forest land. The petitioner submitted representation dated 18.04.2008 to the respondents ventilating is grievance. As no orders are passed on the same, the petitioner filed the present writ petition.
This Court while issuing rule nisi on 28.05.2009 granted interim direction as prayed for.
Learned Government Pleader for Forests while specifically disputing the allegations made by the petitioner submits that the land was, in fact, notified as forest land in the year 1973 itself and the very acquisition of property by the petitioner is subsequent to the notification.
A counter affidavit is filed by the respondents denying the averments made in the writ affidavit. At paragraphs 4 and 5 of the counter affidavit it is stated that a joint survey has been conducted on 17.05.2008 by the Forest Range Officer, Hyderabad and staff and the petitioner had in fact participated in the said survey. It is also stated that having encroached the forest land, the petitioner cannot approach this court by way of this writ petition, and hence prayed to dismiss the writ petition.
Having considered the rival submissions and having gone through the material placed on record, I am of the opinion that the dispute of this nature cannot be decided in this writ petition. As the petitioner is claiming his right over the land, liberty is granted to the petitioner to file appropriate civil proceedings and seek remedy in accordance with law. In the event of such proceedings being initiated, the concerned Court shall decide the same without reference to the submissions made either in the writ petition or in the counter affidavit filed by the respondents, and pass appropriate orders based on the material and the evidence that may be adduced by respective parties.
With the above observations, the writ petition is closed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
CHALLA KODANDA RAM, J.
12th November, 2015
Js.
2 issues framed by the court
Whether the dispute regarding title to and encroachment on forest land is maintainable by way of writ petition.
Whether the petitioner can claim rights over land alleged to have been notified as forest land prior to purchase.
Syed Jaleel Ahmed
The Government of Andhra Pradesh
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
