Writ petition challenging the interference with petitioners' possession of forest land. Court directed forest officials to conduct an enquiry and maintain status quo.
Directed MPDO Tekulapalli and FDO Kothagudem to conduct enquiry; directed all parties to maintain status quo.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32e61
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 21184 OF 2023
Between:
.,.PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in interfering / dispossessing the petitioners possession the land in compartment No. 24 and 25 situated at Chatakonta Range Kistaram Section, Siddaram Village, Gangaram Panchayat, Takulapalli lvtandal, Bhadradri Kothagudem District is illegal, arbitrary, unconstitutional, violation of the fundamental rights guaranteed under the Constitution of lndia, and consequently direct the 4th respondent not to interfere / dispossess the petitioners from their respective extents in the above said land.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent not to interfere / dispossess the petitioners from their respective sites the land in compartment No. 24 and 25 situated at Chatakonta Range Kistaram Section, Siddaram Village, Gangaram Panchaybt, Takulapalli Mandal, Bhadradri Kothagudem District.
Counset for the Petitioner : SRI A.JAGAN
Counsel for the Respondents No.1,3&4 : GP FOR HOME
Counsel forthe Respondent No.2 i
Counsel forthe Respondents No.5to9: cP FOR FORESTS
The Court made the following: ORDER
.,/,, ,:/ ,./
THE HONOURABLE SRI WSTICE C.V. BHASKAR REDDY
WRIT PETITION No.21184 OF 2o23
ORDER:
This Writ Petition, under Article 226 of the Constitution of
India, is filed seeking the following relief:
'...to issue an appropriate writ, order or direction more particularly one in the nature o[ Writ of Mandamus declaring the action of the 4h respondent in interfering/dispossessing the petitioners possession of land in compartment No.24 and 25 situated at Chatakonta Range Kistaram Section, Siddaram Village, Gangaram Panchayat, Takulapalli Mandal, Bhadradri Kothagudem District, as arbitrary, illegal, unconstitutional, violation of the fundamental rights guaranteed under the Constitution of India and consequently direct respondent No.4 not to interfere /dispossess the petitioners from their respective extents in the above said land..."
Assistart Government Pleader for Home appearing for the
respondents and perused the record
enjoyment of land in compartment Nos.24 and 25, situated at Chatakonta Ranga, Kistaram Section, Siddaram Village, Gangaram Panchayat, Takulapalli Mandal, Bhadradri-Kothagudem District. The case of the petitioners is that they belong to Scheduled Tribe community and eking out their livelihood by doing agricultural operations. It is further case of thepetitioners that sincedecades they are enjoying the said property and their entirefamilies are depending upon agricultural produce. It is further case of the petitioners that when the forest officials are pressurising and
2
interfering with their possession over the subject property, the petitioners hled W.p.Nos .24321 of 2016 arrd, lOZ2l of 2021 before this Court and this Court disposed of the said Writ petitions directing the respondents not to interfere with the possession of the petitioners' over the subject property, without following due process of law. It is further case of the petitioners that under the provisions of ttre scheduled Tribes and other Traditional Forest Dwellers Recognition of Forest Rights Act, 2006 (for short, .the Act, 2006'), the petitioners are entitled for issuance of pattas.
3
that on the intervention of the District Collector, the Forest officials are not interfering with the possession of the petitioners, but respondent Nos.2 to 4, at the instigation of Forest officials, are frequently interfering with the peaceful possession and enjoyment of the petitioners over subject property.
disposed of.
Miscellaneous petitions if any, pending in this Writ Petition
shall stand closed. There shall be no order as to costs.
\
To,
SD/.V.KAVITHA //TRUE COPYII ASSrsrANr pg_rnan SECTION OFFICER
1 Il|,fr'#:ftlot"?'o"jig' Ho me Depa rtment, Secreta riat buird ins s, state of 2 The superinte-ndent of porice Kothagudem, Bhadradri Kothagudem District.
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HIGH COURT
DATED:19 11212023
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ORDER
WP.No.21184 ot 2023
DISPOSING OF THE WRIT PETITION WITHOUT COSTS P$
tr#
1 issue framed by the court
Whether the action of the 4th respondent in interfering with petitioners' possession of forest land is illegal and unconstitutional.
Joga Kumari
Kangala Nagamani
Kangala Nageshwar Rao
VEja Pagadaiah
State of Telangana
Superintendent of Police Kothagudem
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
