Disposed

V. Neerja Devi and 5 Others v. The State of Telangana and 2 Others

Telangana HC3 Jun 2021WP/6769/2021

Case brief

AI extract

What is this about?

Petitioners challenged forest officials' attempts to dispossess them of agricultural land violating a civil court injunction. The court disposed of the writ petition without expressing opinion on facts, directing officials not to interfere with lawful possession of patta lands while reserving eviction options for actual forest reserve possession.

What did the court decide?

Directed Forest Officials not to interfere with lawful possession of petitioners' patta lands covered by decree; eviction permissible only if petitioners found possessing forest reserve.

V. Neerja Devi and 5 Others Vs The State of… — Writ and Judicial Review | Telangana HC (2021)

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HIGH COURT FOR THE STATE.OF TELANGANA AT HYDERABAD (Speciat Original .turisaictlonl'^"'

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THURSDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY ONi

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PRESENT

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THE HON'BLE SRIJUSTICE T. AMARNATH GOUD

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Between:

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WRIT PETTTION NO: 6769 OF 2021

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V Neerja Devi. D/o. Ram Reddy, Ag.e! a9 years, Occ: Agricultural, Rro. ' "

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Mup,param Viltlge, Dharmasagar rv{anoit, waranqiiuioan Distli;Y.^'"" '"'"

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^ z. v. Narasimha Reddv. s/o, Ram Reddy, Aged 6E years, occ: Agricurturar, R/o. ^ I,4upparam Village, Dharmasagar tt/and'al, Wiianqaf Urban Districtl r. v Bnarathamma. w/o. saghavender Reddy, Agbd 72 years, occ: Agricurturar, R/o. Mupparam Village, Dhirmas_agar rr/andii, warangar uroah oistrici]^{-" '- '}

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[, [a-vlqoer,.Reody,-Sio. ni* n""aov, ns;;'iti;a"*, ffi, A;;i;;iirrar, R/o. tvtupparam vrlaqe, uharmasagar l,4andal, waranqal Urban Distric[ Rr/o.

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5 Y lTg, Reddy S/o. nam"neoav, A!"o"o"i 'i"rrr, Oic:^{'Aliicurturat,} ^^{tvrupparamvt age. Dharmasagar [vandal, waranoalUrbanDistrict.} 6 Y;-S?199"! Reddy, S/o ,Late Vijaya Reddy, Agid 32 years, Occ: Agricutturat, K/o. lvtupparam vt age, Dharmasagar [/andal, Warangal Urban District.

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AND

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...PETITIONERS

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The State of Telangana, Rep. by its principal Secretary, Forest Department, Secretariat. Hvderabad.

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2 The Divisionai Forest Officer, North Division. Waranoal. J The Divisional Forest Officer, Social Forestry, Warangal.

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...RESPONDENTS

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ, order or direction more particularly one in the nature of wRlr oF IVANDAMUS by declaring the action of the Respondents officials in trying to disposes the Petitioners from their agricultural land in sy.nos.213 to an extent of Ac.l8-24 Guntas, situated at Mupparam Village of Dharmasagar Nrlandal in Warangal District without issuing any notice or proceedings inspite of having permanent injunction order, vide Judgment/Decree, dated 2810412016 in O.S.No.85 of 2008. on the file of ll Addl. Senior Civil Judge, at Warangal in favour of the Petitioner restraining the Respondents authorities is illegal and avoid and opposed to Article 14, 19,21 and 300 A of Constitution of lndia and consequently direct the Respondents not to interfere with the possession and enjoyment of the lands in^question without following due process of law including^granting of^pattas under Forest Scheduled Tribes and other Traditional Forest Dwellers Recognition of Forest Rights Act 2006 Act 2 o't 2007 and Rules 2007 including the Forest Act 1967.

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lt2lt

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IA O:'l OF 21

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Petition under^{Section151 CPC prayingthat in the circumstances stated inthe} affidavit filed^{in supportof the petition' the High Court maybe pleased to directthe} RespondentsnottointerfereintothePetitionerslandinSy.Nos.2l3toanextentof Ac.1B-24Guntas,situatedatMupparamVillageofDharmasagartt/andal'Warangal District,^{pendingdisposalof the main writ petition'}

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Counsel for^{the Petitioners:SRl. K. BUCHIBABU}

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Counsel for the^{Respondents:GP FOR FORESTS} The Court made^{the following:ORDER}

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1 t

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION No.6769 of 2O2l

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ORDER:

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I In this Writ Petition petitioners assail the action of the^forest officia.ls in trying to dispossess the^{petitionersfrom their agricultural} land in Sy.No.2l3 to an extent of Ac.18-24^{guntas situatedat Muppram} village of Dharmasagar Madnat in Warangal^{Districtwithout issuingany} notice in spite of having^{permanentinjunction order videjudgmentand} decree dated 28.4.2016 in O.S.No.85^{of 2008 by a competentcivil Court'}

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2 ll is the case of the^{petitionersthat they are having pattas having} been issued by the revenue^{departmentin respectof the landsstated} surpa and when interference^{was causedby the official respondentsas} well as some third^{pa-rties, the petitioners have preferredO S No 85 of} 2008 on the I-rle of the Court^{of the llAdditionalSeniorCivil Judge,} Warangal and the said suit^{wasdecreedin their favour' It is the further} case of the petitioners that^{presently once again in view of the unlawful} interference by the forest^{offrcia-1s,the petitioners filed the present Writ} Petition.

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3 The learned Government^{Pleaderfor Forestssubmittedthat under} the garb of the pattas issued^{by the revenuedepartmentas well as the} decree passed by the^{competentcivil court, the petitionersare occupying} and cultivating the^{forestreserve,which is other than the pattaland and} the said occupation of^{the forestreserve is unauthorizedand hence the} forest ofhcia-Is are taking^steps.

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4 Wrthout expressing^{any opinion on the factual dispute'this Writ} Petition is disposed^{of directingthe Forest Officials not to interferewith} the la\tr'ful^{possessionof the petitioners in respect of their patta lands} which are already^{coveredby the decreepassed by the1ea-rned 1l}

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Additional Senior Civil Judge, Warangal in O.S.No.SS of 2008. However, in the event the petitioners a.re found in possession of the forest reserve, it is open for the forest officials to take steps in accordance with law for

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eviction of the petitioners therefrom. No order as to costs.

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5 Miscellaneous petitions if any pending in this Writ petition shall

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stald closed,

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Sd/-V. SUDHA

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ASSISTANT REGIS I //TRUE COPY// \

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SECTIO FICER

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To,

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The Principal Secretary Forest Department, State of Telangana Secretariat, Hyderabad. 2. The Divisional Forest Officer. North Division. Waranoal. The Divisional Forest Officer, Social Forestry, Waraigal. 4.A Two One CCs CC to to Sri GP K. for Buchi Forests, Babu, High Advocate IOPUC]Court fbr the State of Telangana at Hyderabad. [OUT] 6. Two CD Copies CHR

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HIGH COURT

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DATED:0310612021

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ORDER

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W.P.No.6769^{of 2021}

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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS