The High Court dismissed a writ petition filed by the petitioner's legal representatives seeking compensation for destruction of a garden and declaration of rights over forest land, noting that the petitioner was deceased and legal representatives showed no interest. No order as to costs.
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HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THEELEVENTHDAYOF JULY TWO THOUSANDAND TWENTY THREE
PRESENT
THE HONOURABLE DR.JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO:19724 OF 2018
Between:
Vankudotir'Krishna, S/o. Lalu,aged.60 years, Occ. Agriculture, Fl/o. H.No. 1- 75, Ashoknagar, MamidithotaThanda, Laxmidevipalli, Kothagudemlvlandal, Khammam District
...PETITIONER
AND
'13 Forest officer, Gattuma[a Beat, paroncha, Bhadradri Kothagudem District l4 Forest officer, Gattumaria Beat, paroncha, Bhadradri Kothagudem District
...RESPONDENTS
Petition under Articre 226 o'f the constitution of rndia praying that in the circumstances stated in the affidavrt tireo ineieivitn, the High court mav be pleased to issue an appropriate Writ. Ordei o,. Oir".iion, ,i,rr""orr[Jrr,, "i" ," the nature of writ of lr,4andamus, to decrare t u ,.ttn of the Respondents in not taking steps on the petitioners representation dated 2s-04-201g seekrng to pay the compensation an amount of Rs.5,00,o0or(Five Lakhs onry) per acere for iregary destroyed the petitioners 5 years age or casrrew nri"g"ro"n in the rand to extent of Ac.10-00 gts situated at iiegaila viilage oi La;mioevipatfi Mandar, Bhadradri Kothagudem District by the Respondent io.. s to i+ though there i. int"ri, ,try order dated 11-07-2016 in w.p.M.p No.25B68 0i2016 in W p.No.21096 0f 2016 and he is entitled for conferment of rights over the lorest land for cultivation under the provisions of the Schedured rribes ,nJ ott "i Traditionar Forest Dwerers (Recognition of -Forest Risl,..ll.t 2006 is oein!'irrugar, arbitrary, unconst*utionar and violation of Articres, r+,rs, zr ano soo-n"oi tne constitution of rndia and consequentrv direct the respondent Nos. .r- 4 to forthwith i;-trk; '.ilJr"o" Petitioners representation dt. 25-04-2018 as wefl ais oesciprenary action against the Respondent Nos.s to'14 and direct tn" il.ponol"nt Nos. 5-14 not interfere into peacefil possession and enjoyment of the'pui,trnurc possession and pass appropriate orders.
lA NO: 1 OF 2018
Petition under Section-lgi CpC praying that in the circumstances staled in the affidavit filed in support of the petition ir,"iigh'i"r.r may be preased to direct the Respondents not to interfere rnto peacefur! ioJr"..ion and enjoyment of the. petitioner's tand to extent of Ac 10-00 gi, ;trrt"O ,t n"gri# ;lirg" Laxmidevipalli Mandar, Bhadradri Kothagudeir Disirici p"noing disposar of the writ"f petition.
Counsel for thepetitioner: SRl. pULLA RAO yELLANKI
Counsel for the Respondent No.1,5, and 7: Gp FOR FORESTS
Counsel for the Respondent No.2 and 3 : Gp FOR REVENUE
Counsel for the Respondent No.4: Gp FOR ITDA
Counsel for the Respondent No.6, 8 to 14: NONE APPARED
The Court made the following: ORDER
1
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HON,BLE DT.JUSTICE CHILLAKURSUMALATHA WRIT PETITION No.19?fl4 of 2018
ORDER:
2
DI,CSL.J v,/-P Na 19724 of 2018
Petition is dismissed. There shall be no order as to costs.
Miscellaneous petitions pending, if a.ny. shall stand
closed
SDI- K.AMMAJI ASSISTANTREGISTRAB X'';' '
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SECTION.OFFICER
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HIGH COURT
DATED:1110712023
ORDER
WP.No.19724 of 2018
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DISMISSING THE WRIT PETITION
WITHOUT COSTS.
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2 issues framed by the court
Whether a writ petition seeking compensation and declaration of rights regarding disputed forest land is maintainable after the death of the petitioner.
Whether the legal representatives have evinced any interest in prosecuting the petition filed by the deceased petitioner.
Vankudotir Krishna
The State of Telangana
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
