Allowed

Pilli Venkataiah v. The State of Telangana, Rep. by its Principal Secretary

Telangana HC13 Oct 2016WP/34331/2016

Case brief

AI extract

What is this about?

In a writ petition, the court directed forest officials not to interfere with the petitioner's peaceful possession of specific land in Nalgonda District unless due legal procedures regarding encroachment investigation are followed.

What did the court decide?

Directing respondents not to interfere with petitioner's peaceful possession over specified land without following due procedure.

Pilli Venkataiah Vs The State of Telangana, Rep. by… — Landlord and Tenant | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.34331 OF 2016

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ORDER:

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Heard the learned counsel for the petitioner and the learned Government Pleader for Forests representing the respondents.

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It is the case of the petitioner that the Government granted patta in his favour in respect of an extent of Ac.5.00 guntas in Survey No.87/1 and Ac.5.00 guntas in Survey No.85/2 of Damaracherla Village and Mandal, Nalgonda District. The further case of the petitioner is that he has been in possession and enjoyment of the same since 1973. The contention of the petitioner is that the Forest Officials are interfering with his peaceful possession and enjoyment over the land in question.

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The learned Government Pleader submitted that the

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petitioner has encroached the forest land.

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Even assuming, but not conceding, that the petitioner has encroached the forest land, the respondents have to follow the procedure as contemplated under law. The respondents have no right whatsoever to evict the petitioner without following the procedure. It is not possible to say whether the petitioner has encroached the forest land without conducting survey by the Revenue Officials. If the respondents are of the opinion that the petitioner has encroached the forest land, they are at liberty to take steps for demarcation of the land in Survey Nos.87/1 and 85/2 with reference to the notification issued by the Forest Department. It is a settled position of law that a person, who is in

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possession of the land, though an encroacher, cannot be dispossessed except by due process of law ( see East India Hotels Ltd v Syndicate Bank¹ , Meghmala v G.Narasimha Reddy² and

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Maria Margarida Sequeria Fernandes v Erasmo Jack De Sequeria (Dead) through L.Rs³ ) .

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Having regard to the facts and circumstances of the case and also the principle enunciated in the cases cited supra, the respondents are hereby directed not to interfere with the peaceful possession and enjoyment of the petitioner over the land to an extent of Ac.5.00 guntas in Survey No.87/1 and Ac.5.00 guntas in Survey No.85/2 situated at Damaracherla Village and Mandal, Nalgonda District without following the due procedure.

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Accordingly, the Writ Petition is disposed of. No costs.

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Consequently, Miscellaneous Petitions, if any, pending in

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this Writ Petition shall stand closed.

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________________________ T.SUNIL CHOWDARY, J

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Date: 13.10.2016 Note : Issue CC by Tuesday (B/o) Ivd

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